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

MSHA PROGRAM POLICY MANUAL VOLUME V
The bathing facilities, clothing change rooms, and sanitary flush
toilet facilities required by Sections 75.1712-1 and 75.1712-4,
are at times waived under the authority of this Section. This is
normally done because water is not available. Since Section
71.500 requires sanitary facilities at surface worksites of
surface coal mines only, the waiving of sanitary facilities under
this Section removes the only requirement for the mine operator to
provide sanitary facilities at surface worksites of underground
coal mines.
Therefore, all waivers should require a chemical toilet (approved
under Section 71.500) at each surface worksite of the underground
coal mine as a condition of waiving the flush toilets.
75.1712-5 Application for Waiver of Surface Facilities
Section 75.1712 provides that sanitary toilet facilities shall be
provided in the active workings of the mine when surface
facilities (as required in Section 75.1712-1) are not accessible
to the active workings. Based on this provision, Section 75.
1712-6 requires an approved sanitary toilet underground within 500
feet of each working place in the mine.
Where a surface sanitary toilet is located within 500 feet of a
working place, Section 75.1712-6 is satisfied and there is no
requirement for an approved sanitary toilet to be located
underground. Thus, for an underground mine which is less than 500
feet in depth, or for an underground drift mine which has advanced
to a distance of less than 500 feet, which has sanitary toilet
facilities on the surface, there is no requirement for an approved
sanitary toilet to be located underground in those portions of the
active workings which are within 500 feet of the surface sanitary
toilets. In other cases, except where a waiver of the location
requirement has been granted as provided in Section 75.1712-7, an
approved sanitary toilet is required to be located underground
within 500 feet of each working place in the mine where miners are
regularly employed.
Sanitary toilets are to be approved by MSHA, Coal Mine Safety and
Health. The primary responsibility for gaining approval is that
of the toilet manufacturer. A list of approved sanitary toilets
for use in underground coal mines is available in district and
subdistrict offices and from MSHA, Coal Mine Safety and Health,
1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
Where a sanitary toilet is found to be in a shipping crate or is
otherwise not ready for service, the unit does not satisfy the
requirement that an approved sanitary toilet be provided and
maintained. If an approved sanitary toilet is not provided, not
February 2003 (Release V-33) 142