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

MSHA PROGRAM POLICY MANUAL VOLUME V
When such order has been issued, it should not be terminated
because the mine operator has removed the equipment from service at
the area where the imminent danger was found. The order should
remain in effect to prevent the mine operator from putting that
equipment (or similar equipment) back in operation under the same
conditions after the inspector leaves the mine.
When an inspector finds a ROPS that is damaged or otherwise altered
from its original configuration so that it no longer complies with
these standards, a citation or order, as appropriate, should be
issued for violation of paragraph (a) describing the condition
observed.
Alterations and repairs to ROPS shall also be carefully examined
for insufficient or defective welds. A ROPS with an insufficient
or defective weld does not meet the requirements of paragraph (a),
and a citation or order, as appropriate, should be issued. This
condition also indicates that the weld may not have been performed
by a certified welder, as required by paragraph (f). To determine
whether a violation of paragraph (f) has occurred, the inspector
should ask the operator to furnish evidence that the weld was
performed by a certified welder.
77.404 Machinery and Equipment; Operation and Maintenance
Paragraph (a) of this Section does not affect enforcement of other
mandatory safety standards and should be used only where such
condition is not covered by any other regulation. Lack of frame
grounding, improper protection, etc., are to be cited under the
appropriate section in accordance with Section 104(a) of the Act,
allowing reasonable time for compliance.
The presence of defects, such as worn tires, defective steering or
brakes, malfunctioning hydraulic controls, worn lagging on belt
conveyor drive rollers, or frozen or damaged idler rollers, could
indicate that such machinery and equipment are not maintained in
safe operating condition. Therefore, a violation of this Section
would exist if such defects render the equipment unsafe to operate.
When an inspector finds a violation as described above, he/she
shall issue a citation requiring the condition to be corrected in a
reasonable time. This Section also requires that unsafe equipment
be removed from service immediately. The operator should be
advised of the requirement. If the operator removes such unsafe
equipment from service immediately, this should be noted on the
citation. If the operator does not remove such equipment from
service immediately, another citation for such failure should be
issued, giving the operator reasonable time to comply.
February 2003 (Release V-33) 171