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

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MSHA PROGRAM POLICY MANUAL <strong>VOLUME</strong> V<br />

others to whom the mine operator may deny entry, but does not include<br />

persons having the right to enter the mine. Accordingly, an operator<br />

shall not be cited for violation of paragraph (a) when a State mine<br />

inspector is observed underground without an SCSR.<br />

Citations for failure of the mine operator to provide self- contained<br />

self-rescuers shall be cited under paragraph (a) of this Section.<br />

The inspector should include in the body of the citation a statement<br />

referring to 30 CFR 75.1714-1(b) which outlines how the provisions of<br />

paragraph (a) can be met.<br />

75.1714-1 Approved Self-Rescue Devices<br />

Under paragraph (b)(3) of this Section, MSHA will consider for<br />

approval as a self-rescue device or devices, when used <strong>and</strong> maintained<br />

as prescribed by MSHA, a combination of separate 10-minute <strong>and</strong> 60minute<br />

self-contained breathing apparatus approved under Subpart H of<br />

30 CFR Part 11.<br />

75.1714-2 Self-Rescue Devices; Use <strong>and</strong> Location Requirements<br />

Under paragraph (c) of this Section, the determination that wearing<br />

the self-contained self-rescuer is hazardous may be made by an<br />

individual miner or by the operator. The inspector should not issue<br />

a citation unless the person is more than 25 feet from his or her<br />

self-contained self-rescuer.<br />

The District Manager is required in paragraph (e)(1) to consider 11<br />

factors in deciding whether to permit an operator to place a selfcontained<br />

self-rescue device more than 25 feet from a miner. In<br />

order to assist the inspector when considering these factors, the<br />

following guidelines are provided to help determine whether to permit<br />

or prohibit storage, storage distances, <strong>and</strong> storage methods <strong>and</strong><br />

procedures.<br />

1. Distance from affected sections to surface. If the deepest<br />

penetration of a working section is not farther from the<br />

surface than the travel distance listed in 3. below, the<br />

district manager may approve a plan for the operator to<br />

provide miners only with filter-type self-rescuers. However,<br />

when the deepest penetration of a working section is greater<br />

than the travel distance listed in 3., operators shall be<br />

required to provide self-contained self-rescuers.<br />

1. Pitch of seam in affected sections. In pitching seams, such<br />

as encountered in anthracite mines, self-contained selfrescuers<br />

should be stored on level travelways.<br />

2. Height of coal seam in affected sections. The height of the<br />

travelway affects the speed of travel <strong>and</strong> consequently the<br />

distance that miners may be away from stored self-contained<br />

February 2003 (Release V-33) 144

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