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MSHA HANDBOOK SERIES - PH13-V-1 - Mine Safety and Health ...

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GENERAL COAL MINE INSPECTION PROCEDURES AND<br />

INSPECTION TRACKING SYSTEM <strong>HANDBOOK</strong> CHAPTER 4<br />

provided off-site. Persons not allowed at the mine site should include: reporters,<br />

photographers, spectators, friends, curiosity seekers, <strong>and</strong> others not necessary to a safe<br />

<strong>and</strong> orderly emergency operation.<br />

Access to underground areas of the mine is further restricted. Underground access<br />

should be restricted to only mine employees <strong>and</strong> contractors, state <strong>and</strong> federal mining<br />

officials, labor representatives, mine rescue teams, necessary consultants, <strong>and</strong> any<br />

others, only if approved on a case-by-case basis following consultation with<br />

Headquarters. No person should be allowed underground unless necessary to the<br />

safe <strong>and</strong> timely rescue or recovery efforts.<br />

Section 103(j) <strong>and</strong> 103(k)<br />

The term “accident” is defined in Section 3(k) of the <strong>Mine</strong> Act. Generally, the District<br />

Manager or District Accident Investigation Coordinator will determine which<br />

accidents will be investigated. On learning of an accident, unless <strong>MSHA</strong> is already<br />

present, enforcement personnel should verbally issue a Section 103(j) order to the<br />

operator, including initial instructions, as soon as possible. The order, including any<br />

instructions, should then be reduced to writing <strong>and</strong> transmitted to the operator as soon<br />

as practicable.<br />

The order should also require the operator to prevent the destruction of evidence at<br />

the accident site. In the event that a mine accident is not a mine emergency (i.e., there<br />

are no ongoing rescue <strong>and</strong> recovery efforts), <strong>MSHA</strong> may issue a 103(j) order<br />

prohibiting activity at the accident site to prevent the destruction of evidence which<br />

would assist in investigating the cause or causes of the accident.<br />

On <strong>MSHA</strong>’s arrival on site <strong>and</strong> following assessment of conditions, <strong>MSHA</strong> may<br />

modify the Section 103(j) order, including all instructions, to reflect that <strong>MSHA</strong> is now<br />

proceeding under the authority of Section 103(k) of the <strong>Mine</strong> Act. <strong>MSHA</strong> should<br />

inform parties on site that any activities that are rescue or recovery related will be<br />

permitted through subsequent modifications of the Section 103(k) order. The Section<br />

103(k) order is intended to protect all persons involved in the emergency operation or<br />

accident investigation. As such, all parties on site are subject to the Section 103(k)<br />

order <strong>and</strong> any subsequent modifications. Each proposed action should be reviewed by<br />

the designated <strong>MSHA</strong> person onsite before the Section 103(k) order is modified <strong>and</strong><br />

before the action is commenced. <strong>MSHA</strong> has the authority to issue a Section 103(k)<br />

order unilaterally. However, every effort should be made to gain consensus among<br />

the parties involved to obtain the safest <strong>and</strong> most effective outcome. (Refer to 103(j)<br />

Sample Language for further guidance.)<br />

Release 1 (February 2013) 4-25

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