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

GENERAL COAL MINE INSPECTION PROCEDURES AND
INSPECTION TRACKING SYSTEM HANDBOOK CHAPTER 4
In the event of a mine accident where rescue and recovery work is necessary, Section
103(j) of the Act grants the inspector broad authority to take whatever action,
including the issuance of orders, that the representative deems appropriate to protect
the life of any person. Where appropriate, the inspector may supervise and direct the
rescue and recovery activity.
Immediately on arrival at the mine accident scene, or later as mine rescue operations
develop, the inspector may determine that direct control is necessary, either entirely or
partially, particularly in situations where a less hazardous rescue procedure is
desirable. Because of this broad authority, discretion and good judgment on the part
of the inspector are imperative.
Under Section 103(k) of the Act, the inspector can issue any such order as deemed
appropriate to ensure the safety of any person, including a Section 107(a) order if an
imminent danger is found. Again, it is important to emphasize that the inspector must
exercise discretion and good judgment when issuing a 103(k) order. The following
instructions are provided to assist in exercising this discretion:
1. The Section 103(k) order is issued to ensure the safety of any person at the mine,
and should apply to relevant areas of the mine to accomplish this. In some cases, the
order will only apply to the accident site itself. In some accidents (for example, a
fire, explosion, or inundation), the extent of the hazard may not immediately be
known, and the order may apply to the entire underground mine until the extent of
the hazard is clarified. Additionally, the inspector may apply the order to the entire
underground portion of the mine if evidence reasonably indicates the same safety
risks are present throughout the mine.
2. The Section 103(k) order should remain in effect until a systematic evaluation of the
conditions and safety practices is conducted, and MSHA reasonably determines that
hazards similar to those that caused or contributed to the accident have been
eliminated. The evaluation can be made prior to the accident investigation or
concurrent with it. After this evaluation and determination have been made, the
Section 103(k) order may be modified to permit an area of the mine to resume
operations, or terminated if appropriate, provided that such action will not pose a
hazard to the miners.
3. In addition, Section 103(k) requires the operator to obtain the inspector’s approval of
any plan to recover any person in a mine, to recover the mine, or to return affected
areas of the mine to normal.
Release 1 (February 2013) 4-26