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

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MSHA PROGRAM POLICY MANUAL VOLUME V controls and the circumstances where their location does not necessitate a cab or a canopy are as follows: 1. Controls that position and set the Automated Temporary Roof Support (ATRS) system (including "inch tram" controls) are not required to be located under a canopy provided: a. the controls are located on the machine in such a manner that they are operable from under permanently supported roof, and b. the controls are used only within the working place and not to tram from place to place. 2. Controls that position the drill station canopy, such as canopy raise, canopy lower, boom swing levers, etc., are not required to be located under a canopy, provided these controls are located on the machine in such a manner that they are operable from under supported roof. 75.1711 Sealing of Mines The regulation states that the openings of any coal mine that is declared inactive by the operator, or is permanently closed, or abandoned for more than 90 days, shall be sealed. Work to seal shall commence promptly after the 90-day period during which the mine was not ventilated and shall be performed with reasonable diligence. Each coal mine is categorized by the appropriate District in one of seven statuses. These Statuses include, among others: Abandoned, Intermittent, and Temporarily Idle. These Particular statuses and their relation to the sealing requirements are discussed below. Abandoned. Sealing is required for mines placed in abandoned status either by the operator or by MSHA. When an operator has not properly updated mine status to abandoned, MSHA will revise the status to abandoned and notify the operator in writing of the status change and the requirement for sealing within 90 days. Intermittent. Mines place in intermittent status, as a result of being seasonally idled for more than 90 days, are not considered abandoned and the sealing requirements does not apply. However, the mine must remain essentially ready to resume production within a short timeframe. To maintain intermittent status, facilities and equipment such as the mine office, surface and underground power systems, the main mine fan, and underground coal haulage systems must remain intact. In addition, all mine openings must be provided with a positive means to prevent access by unauthorized persons. February 2003 (Release V-33) 140
MSHA PROGRAM POLICY MANUAL VOLUME V Temporarily Idle. Mines in temporarily idled status, even though this status may last longer than 90 days, are not considered permanently closed or abandoned for the purposes of this standard. Mines are considered to be in temporarily idled status when the work of all miners has been terminated and production related activities has ceased. The mine still has recoverable reserves, it is anticipated that this is a temporary condition, and the mine will reopen in the future. This category includes mines that do not maintain ventilation or conduct underground examinations. The only activity at these mines would be security checks, visual examinations of surface areas to determine conditions, or surface activity due to another agency’s requirements (e.g. state environmental agency). While there is no specific time restriction applied to mines in temporarily idled status, it is necessary to verify what activity is taking place at the mine once each quarter. This may be accomplished by a brief mine visit or other documented contact with the mine operator. These mines do not require a regular inspection. The openings of all mines in temporarily idled status must be adequately fenced or guarded prohibiting the entrance of any persons. If an operator removes substantially all recoverable equipment and facilities, such that there is not demonstrable intention of reactivating the mine, the status will be revised to abandoned, the operator notified in writing and sealing shall be required within 90 days. Prior to persons performing work at or entering temporarily idled mines, the mine operator must notify the District Manager and complete any necessary plan submission (30 CFR 75.1721) or status change. Districts shall conduct regular reviews to assure that these mines are in the appropriate status. It is unlikely that a mine would remain in intermittent or temporarily idled status for more than 12 consecutive months. If it is determined that the condition has become permanent, the mine operator shall be required to seal the mine. Appropriate enforcement action under this section shall be taken if it is determined that the openings of mines in either intermittent or temporarily idled status are not adequately fenced or guarded prohibiting access. Mine sites that have active impoundments are still subject to inspection and therefore cannot be placed in temporarily idled status. However, the site should be reclassified as a surface site and any underground mine sealed, as appropriate. 75.1712-4 Waiver of Surface Facilities Requirements February 2003 (Release V-33) 141
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