§ 863. — Ventilation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC863]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER III--INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND COAL
MINES
Sec. 863. Ventilation
(a) Equipment; approval; daily examinations
All coal mines shall be ventilated by mechanical ventilation
equipment installed and operated in a manner approved by an authorized
representative of the Secretary and such equipment shall be examined
daily and a record shall be kept of such examination.
(b) Standards for air in work areas
All active workings shall be ventilated by a current of air
containing not less than 19.5 volume per centum of oxygen, not more than
0.5 volume per centum of carbon dioxide, and no harmful quantities of
other noxious or poisonous gases; and the volume and velocity of the
current of air shall be sufficient to dilute, render harmless, and to
carry away, flammable, explosive, noxious, and harmful gases, and dust,
and smoke and explosive fumes. The minimum quantity of air reaching the
last open crosscut in any pair or set of developing entries and the last
open crosscut in any pair or set of rooms shall be nine thousand cubic
feet a minute, and the minimum quantity of air reaching the intake end
of a pillar line shall be nine thousand cubic feet a minute. The minimum
quantity of air in any coal mine reaching each working face shall be
three thousand cubic feet a minute. Within three months after the
operative date of this subchapter, the Secretary shall prescribe the
minimum velocity and quantity of air reaching each working face of each
coal mine in order to render harmless and carry away methane and other
explosive gases and to reduce the level of respirable dust to the lowest
attainable level. The authorized representative of the Secretary may
require in any coal mine a greater quantity and velocity of air when he
finds it necessary to protect the health or safety of miners. Within one
year after the operative date of this subchapter, the Secretary or his
authorized representative shall prescribe the maximum respirable dust
level in the intake aircourses in each coal mine in order to reduce such
level to the lowest attainable level. In robbing areas of anthracite
mines, where the air currents cannot be controlled and measurements of
the air cannot be obtained, the air shall have perceptible movement.
(c) Line brattice; functions; exceptions; repairs; flame resistant
material
(1) Properly installed and adequately maintained line brattice or
other approved devices shall be continuously used from the last open
crosscut of an entry or room of each working section to provide adequate
ventilation to the working faces for the miners and to remove flammable,
explosive, and noxious gases, dust, and explosive fumes, unless the
Secretary or his authorized representative permits an exception to this
requirement, where such exception will not pose a hazard to the miners.
When damaged by falls or otherwise, such line brattice or other devices
shall be repaired immediately.
(2) The space between the line brattice or other approved device and
the rib shall be large enough to permit the flow of a sufficient volume
and velocity of air to keep the working face clear of flammable,
explosive, and noxious gases, dust, and explosive fumes.
(3) Brattice cloth used underground shall be of flame-resistant
material.
(d) Pre-shift examinations and tests; scope; violations of mandatory
standards; notification; posting of ``DANGER'' signs;
restriction of entry; records; re-entry
(1) Within three hours immediately preceding the beginning of any
shift, and before any miner in such shift enters the active workings of
a coal mine, certified persons designated by the operator of the mine
shall examine such workings and any other underground area of the mine
designated by the Secretary or his authorized representative. Each such
examiner shall examine every working section in such workings and shall
make tests in each such working section for accumulations of methane
with means approved by the Secretary for detecting methane and shall
make tests for oxygen deficiency with a permissible flame safety lamp or
other means approved by the Secretary; examine seals and doors to
determine whether they are functioning properly; examine and test the
roof, face, and rib conditions in such working section; examine active
roadways, travelways, and belt conveyors on which men are carried,
approaches to abandoned areas, and accessible falls in such section for
hazards; test by means of an anemometer or other device approved by the
Secretary to determine whether the air in each split is traveling in its
proper course and in normal volume and velocity; and examine for such
other hazards and violations of the mandatory health or safety
standards, as an authorized representative of the Secretary may from
time to time require. Belt conveyors on which coal is carried shall be
examined after each coal-producing shift has begun. Such mine examiner
shall place his initials and the date and time at all places he
examines. If such mine examiner finds a condition which constitutes a
violation of a mandatory health or safety standard or any condition
which is hazardous to persons who may enter or be in such area, he shall
indicate such hazardous place by posting a ``DANGER'' sign conspiciously
\1\ at all points which persons entering such hazardous place would be
required to pass, and shall notify the operator of the mine. No person,
other than an authorized representative of the Secretary or a State mine
inspector or persons authorized by the operator to enter such place for
the purpose of eliminating the hazardous condition therein, shall enter
such place while such sign is so posted. Upon completing his
examination, such mine examiner shall report the results of his
examination to a person, designated by the operator to receive such
reports at a designated station on the surface of the mine, before other
persons enter the underground areas of such mine to work in such shift.
Each such mine examiner shall also record the results of his examination
with ink or indelible pencil in a book approved by the Secretary kept
for such purpose in an area on the surface of the mine chosen by the
operator to minimize the danger of destruction by fire or other hazard,
and the record shall be open for inspection by interested persons.
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\1\ So in original. Probably should be ``conspicuously''.
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(2) No person (other than certified persons designated under this
subsection) shall enter any underground area, except during any shift,
unless an examination of such area as prescribed in this subsection has
been made within eight hours immediately preceding his entrance into
such area.
(e) Daily examinations and tests; scope; imminent danger; withdrawal of
persons; abatement of danger
At least once during each coal-producing shift, or more often if
necessary for safety, each working section shall be examined for
hazardous conditions by certified persons designated by the operator to
do so. Any such condition shall be corrected immediately. If such
condition creates an imminent danger, the operator shall withdraw all
persons from the area affected by such condition to a safe area, except
those persons referred to in section 814(d) of this title, until the
danger is abated. Such examination shall include tests for methane with
a means approved by the Secretary for detecting methane and for oxygen
deficiency with a permissible flame safety lamp or other means approved
by the Secretary.
(f) Weekly examination for hazardous conditions; scope; notification;
repairs; imminent danger; withdrawal of persons; abatement;
records
In addition to the pre-shift and daily examinations required by this
section, examinations for hazardous conditions, including tests for
methane, and for compliance with the mandatory health or safety
standards, shall be made at least once each week by a certified person
designated by the operator in the return of each split of air where it
enters the main return, on pillar falls, at seals, in the main return,
at least one entry of each intake and return aircourse in its entirety,
idle workings, and, insofar as safety considerations permit, abandoned
areas. Such weekly examination need not be made during any week in which
the mine is idle for the entire week, except that such examination shall
be made before any other miner returns to the mine. The person making
such examinations and tests shall place his initials and the date and
time at the places examined, and if any hazardous condition is found,
such condition shall be reported to the operator promptly. Any hazardous
condition shall be corrected immediately. If such condition creates an
imminent danger, the operator shall withdraw all persons from the area
affected by such condition to a safe area, except those persons referred
to in section 814(d) of this title, until such danger is abated. A
record of these examinations, tests, and actions taken shall be recorded
in ink or indelible pencil in a book approved by the Secretary kept for
such purpose in an area on the surface of the mine chosen by the mine
operator to minimize the danger of destruction by fire or other hazard,
and the record shall be open for inspection by interested persons.
(g) Weekly ventilation examinations; scope; records
At least once each week, a qualified person shall measure the volume
of air entering the main intakes and leaving the main returns, the
volume passing through the last open crosscut in any pair or set of
developing entries and the last open crosscut in any pair or set of
rooms, the volume and, when the Secretary so prescribes, the velocity
reaching each working face, the volume being delivered to the intake end
of each pillar line, and the volume at the intake and return of each
split of air. A record of such measurements shall be recorded in ink or
indelible pencil in a book approved by the Secretary kept for such
purpose in an area on the surface of the coal mine chosen by the
operator to minimize the danger of destruction by fire or other hazard,
and the record shall be open for inspection by interested persons.
(h) Methane examinations at working place; periodic intervals;
standards; procedures for different air contents of methane
(1) At the start of each shift, tests for methane shall be made at
each working place immediately before electrically operated equipment is
energized. Such tests shall be made by qualified persons. If 1.0 volume
per centum or more of methane is detected, electrical equipment shall
not be energized, taken into, or operated in, such working place until
the air therein contains less than 1.0 volume per centum of methane.
Examinations for methane shall be made during the operation of such
equipment at intervals of not more than twenty minutes during each
shift, unless more frequent examinations are required by an authorized
representative of the Secretary. In conducting such tests, such person
shall use means approved by the Secretary for detecting methane.
(2) If at any time the air at any working place, when tested at a
point not less than twelve inches from the roof, face, or rib, contains
1.0 volume per centum or more of methane, changes or adjustments shall
be made at once in the ventilation in such mine so that such air shall
contain less than 1.0 volume per centum of methane. While such changes
or adjustments are underway and until they have been achieved, power to
electric face equipment located in such place shall be cut off, no other
work shall be permitted in such place, and due precautions shall be
carried out under the direction of the operator or his agent so as not
to endanger other areas of the mine. If at any time such air contains
1.5 volume per centum or more of methane, all persons, except those
referred to in section 814(d) of this title, shall be withdrawn from the
area of the mine endangered thereby to a safe area, and all electric
power shall be cut off from the endangered area of the mine, until the
air in such working place shall contain less than 1.0 volume per centum
of methane.
(i) Methane examination of air returning from working section; periodic
intervals; standards; procedures for different air contents;
virgin territory
(1) If, when tested, a split of air returning from any working
section contains 1.0 volume per centum or more of methane, changes or
adjustments shall be made at once in the ventilation in the mine so that
such returning air shall contain less than 1.0 volume per centum of
methane. Tests under this paragraph and paragraph (2) of this subsection
shall be made at four-hour intervals during each shift by a qualified
person designated by the operator of the mine. In making such tests,
such person shall use means approved by the Secretary for detecting
methane.
(2) If, when tested, a split of air returning from any working
section contains 1.5 volume per centum or more of methane, all persons,
except those persons referred to in section 814(d) of this title, shall
be withdrawn from the area of the mine endangered thereby to a safe area
and all electric power shall be cut off from the endangered area of the
mine, until the air in such split shall contain less than 1.0 volume per
centum of methane.
(3) In virgin territory, if the quantity of air in a split
ventilating the active workings in such territory equals or exceeds
twice the minimum volume of air prescribed in subsection (b) of this
section for the last open crosscut, if the air in the split returning
from such workings does not pass over trolley wires or trolley feeder
wires, and if a certified person designated by the operator is
continually testing the methane content of the air in such split during
mining operations in such workings, it shall be necessary to withdraw
all persons, except those referred to in section 814(d) of this title,
from the area of the mine endangered thereby to a safe area and all
electric power shall be cut off from the endangered area only when the
air returning from such workings contains 2.0 volume per centum or more
of methane.
(j) Abandoned area air; pre-shift examination
Air which has passed by an opening of any abandoned area shall not
be used to ventilate any working place in the coal mine if such air
contains 0.25 volume per centum or more of methane. Examinations of such
air shall be made during the pre-shift examination required by
subsection (d) of this section. In making such tests, a certified person
designated by the operator shall use means approved by the Secretary for
detecting methane. For the purposes of this subsection, an area within a
panel shall not be deemed to be abandoned until such panel is abandoned.
(k) Abandoned area air; inaccessible or unsafe for inspection; air from
where pillars have been removed
Air that has passed through an abandoned area or an area which is
inaccessible or unsafe for inspection shall not be used to ventilate any
working place in any mine. No air which has been used to ventilate an
area from which the pillars have been removed shall be used to ventilate
any working place in a mine, except that such air, if it does not
contain 0.25 volume per centum or more of methane, may be used to
ventilate enough advancing working places immediately adjacent to the
line of retreat to maintain an orderly sequence of pillar recovery on a
set of entries.
(l) Methane monitors; required equipment; maintenance; warnings;
deenergizing of equipment
The Secretary or his authorized representative shall require, as an
additional device for detecting concentrations of methane, that a
methane monitor, approved as reliable by the Secretary after the
operative date of this subchapter, be installed, when available, on any
electric face cutting equipment, continuous miner, longwall face
equipment, and loading machine, except that no monitor shall be required
to be installed on any such equipment prior to the date on which such
equipment is required to be permissible under section 865(a) of this
title. When installed on any such equipment, such monitor shall be kept
operative and properly maintained and frequently tested as prescribed by
the Secretary. The sensing device of such monitor shall be installed as
close to the working face as practicable. Such monitor shall be set to
deenergize automatically such equipment when such monitor is not
operating properly and to give a warning automatically when the
concentration of methane reaches a maximum percentage determined by an
authorized representative of the Secretary which shall not be more than
1.0 volume per centum of methane. An authorized representative of the
Secretary shall require such monitor to deenergize automatically
equipment on which it is installed when the concentration of methane
reaches a maximum percentage determined by such representative which
shall not be more than 2.0 volume per centum of methane.
(m) Idle area inspections; authorized inspectors
Idle and abandoned areas shall be inspected for methane and for
oxygen deficiency and other dangerous conditions by a certified person
with means approved by the Secretary as soon as possible but not more
than three hours before other persons are permitted to enter or work in
such areas. Persons, such as pumpmen, who are required regularly to
enter such areas in the performance of their duties, and who are trained
and qualified in the use of means approved by the Secretary for
detecting methane and in the use of a permissible flame safety lamp or
other means approved by the Secretary for detecting oxygen deficiency
are authorized to make such examinations for themselves, and each such
person shall be properly equipped and shall make such examinations upon
entering any such area.
(n) Intentional roof falls; prior inspections; safeguards
Immediately before an intentional roof fall is made, pillar workings
shall be examined by a qualified person designated by the operator to
ascertain whether methane is present. Such person shall use means
approved by the Secretary for detecting methane. If in such examination
methane is found in amounts of 1.0 volume per centum or more, such roof
fall shall not be made until changes or adjustments are made in the
ventilation so that the air shall contain less than 1.0 volume per
centum of methane.
(o) Methane and dust control plans; contents
A ventilation system and methane and dust control plan and revisions
thereof suitable to the conditions and the mining system of the coal
mine and approved by the Secretary shall be adopted by the operator and
set out in printed form within ninety days after the operative date of
this subchapter. The plan shall show the type and location of mechanical
ventilation equipment installed and operated in the mine, such
additional or improved equipment as the Secretary may require, the
quantity and velocity of air reaching each working face, and such other
information as the Secretary may require. Such plan shall be reviewed by
the operator and the Secretary at least every six months.
(p) Devices for detection of methane and oxygen deficiency; maintenance
Each operator shall provide for the proper maintenance and care of
the permissible flame safety lamp or any other approved device for
detecting methane and oxygen deficiency by a person trained in such
maintenance, and, before each shift, care shall be taken to insure that
such lamp or other device is in a permissible condition.
(q) Pillar recovery; areas without bleeder systems
Where areas are being pillared on the operative date of this
subchapter without bleeder entries, or without bleeder systems or an
equivalent means, pillar recovery may be completed in the area, to the
extent approved by an authorized representative of the Secretary, if the
edges of pillar lines adjacent to active workings are ventilated with
sufficient air to keep the air in open areas along the pillar lines
below 1.0 volume per centum of methane.
(r) Overcast and undercast intake air split requirements; time extension
Each mechanized mining section shall be ventilated with a separate
split of intake air directed by overcasts, undercasts, or the
equivalent, except an extension of time, not in excess of nine months,
may be permitted by the Secretary, under such conditions as he may
prescribe, whenever he determines that this subsection cannot be
complied with on the operative date of this subchapter.
(s) Blasting; prior and subsequent examinations for methane
In all underground areas of a coal mine, immediately before firing
each shot or group of multiple shots and after blasting is completed,
examinations for methane shall be made by a qualified person with means
approved by the Secretary for detecting methane. If methane is found in
amounts of 1.0 volume per centum or more, changes or adjustments shall
be made at once in the ventilation so that the air shall contain less
than 1.0 volume per centum of methane. No shots shall be fired until the
air contains less than 1.0 volume per centum of methane.
(t) Mine fan stop plans; requisites
Each operator shall adopt a plan within sixty days after the
operative date of this subchapter which shall provide that when any mine
fan stops, immediate action shall be taken by the operator or his agent
(1) to withdraw all persons from the working sections, (2) to cut off
the power in the mine in a timely manner, (3) to provide for restoration
of power and resumption of work if ventilation is restored within a
reasonable period as set forth in the plan after the working places and
other active workings where methane is likely to accumulate are
reexamined by a certified person to determine if methane in amounts of
1.0 volume per centum or more exists therein, and (4) to provide for
withdrawal of all persons from the mine if ventilation cannot be
restored within such reasonable time. The plan and revisions thereof
approved by the Secretary shall be set out in printed form and a copy
shall be furnished to the Secretary or his authorized representative.
(u) Modifications affecting main air current or any split; withdrawal of
personnel; removal of power
Changes in ventilation which materially affect the main air current
or any split thereof and which may affect the safety of persons in the
coal mine shall be made only when the mine is idle. Only those persons
engaged in making such changes shall be permitted in the mine during the
change. Power shall be removed from the areas affected by the change
before work starts to make the change and shall not be restored until
the effect of the change has been ascertained and the affected areas
determined to be safe by a certified person.
(v) Reading and countersigning of daily and weekly reports; foreman;
superintendent
The mine foreman shall read and countersign promptly the daily
reports of the pre-shift examiner and assistant mine foremen, and he
shall read and countersign promptly the weekly report covering the
examinations for hazardous conditions. Where such reports disclose
hazardous conditions, they shall be corrected promptly. If such
conditions create an imminent danger, the operator shall withdraw all
persons from, or prevent any person from entering, as the case may be,
the area affected by such conditions, except those persons referred to
in section 814(d) of this title, until such danger is abated. The mine
superintendent or assistant superintendent of the mine shall also read
and countersign the daily and weekly reports of such persons.
(w) Daily mine condition reports; requisites; signatures
Each day, the mine foreman and each of his assistants shall enter
plainly and sign with ink or indelible pencil in a book approved by the
Secretary provided for that purpose a report of the condition of the
mine or portion thereof under his supervision, which report shall state
clearly the location and nature of any hazardous condition observed by
him or reported to him during the day and what action was taken to
remedy such condition. Such book shall be kept in an area on the surface
of the mine chosen by the operator to minimize the danger of destruction
by fire or other hazard, and shall be open for inspection by interested
persons.
(x) Reopening of abandoned or declared inactive mine; notification;
inspection
Before a coal mine is reopened after having been abandoned or
declared inactive by the operator, the Secretary shall be notified, and
an inspection shall be made of the entire mine by an authorized
representative of the Secretary before mining operations commence.
(y) Separation of intake and return aircourses from belt haulage
entries; standards
(1) In any coal mine opened after the operative date of this
subchapter, the entries used as intake and return aircourses shall be
separated from belt haulage entries, and each operator of such mine
shall limit the velocity of the air coursed through belt haulage entries
to the amount necessary to provide an adequate supply of oxygen in such
entries, and to insure that the air therein shall contain less than 1.0
volume per centum of methane, and such air shall not be used to
ventilate active working places. Whenever an authorized representative
of the Secretary finds, in the case of any coal mine opened on or prior
to the operative date of this subchapter which has been developed with
more than two entries, that the conditions in the entries, other than
belt haulage entries, are such as to permit adequately the coursing of
intake or return air through such entries, (1) the belt haulage entries
shall not be used to ventilate, unless such entries are necessary to
ventilate, active working places, and (2) when the belt haulage entries
are not necessary to ventilate the active working places, the operator
of such mine shall limit the velocity of the air coursed through the
belt haulage entries to the amount necessary to provide an adequate
supply of oxygen in such entries, and to insure that the air therein
shall contain less than 1.0 volume per centum of methane.
(2) In any coal mine opened on or after the operative date of this
subchapter, or, in the case of a coal mine opened prior to such date, in
any new working section of such mine, where trolley haulage systems are
maintained and where trolley wires or trolley feeder wires are
installed, an authorized representative of the Secretary shall require a
sufficient number of entries or rooms as intake aircourses in order to
limit, as prescribed by the Secretary, the velocity of air currents on
such haulageways for the purpose of minimizing the hazards associated
with fires and dust explosions in such haulageways.
(z) Pillar extractions; bleeder systems and sealing requirements;
standards
(1) While pillars are being extracted in any area of a coal mine,
such area shall be ventilated in the manner prescribed by this section.
(2) Within nine months after the operative date of this subchapter,
all areas from which pillars have been wholly or partially extracted and
abandoned areas, as determined by the Secretary or his authorized
representative, shall be ventilated by bleeder entries or by bleeder
systems or equivalent means, or be sealed, as determined by the
Secretary or his authorized representative. When ventilation of such
areas is required, such ventilation shall be maintained so as
continuously to dilute, render harmless, and carry away methane and
other explosive gases within such areas and to protect the active
workings of the mine from the hazards of such methane and other
explosive gases. Air coursed through underground areas from which
pillars have been wholly or partially extracted which enters another
split of air shall not contain more than 2.0 volume per centum of
methane, when tested at the point it enters such other split. When
sealing is required, such seals shall be made in an approved manner so
as to isolate with explosion-proof bulkheads such areas from the active
workings of the mine.
(3) In the case of mines opened on or after the operative date of
this subchapter, or in the case of working sections opened on or after
such date in mines opened prior to such date, the mining system shall be
designed in accordance with a plan and revisions thereof approved by the
Secretary and adopted by such operator so that, as each working section
of the mine is abandoned, it can be isolated from the active workings of
the mine with explosion-proof seals or bulkheads.
(Pub. L. 91-173, title III, Sec. 303, Dec. 30, 1969, 83 Stat. 767.)
References in Text
For the operative date of this subchapter, referred to in subsecs.
(b), (l), (o), (q), (r), (t), (y), and (z)(2), (3), see section 509 of
Pub. L. 91-173, set out as an Effective Date note under section 801 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 861, 878 of this title.
