§876 Communication Facilities; Locations and Emergency Response Plans

Summary

Mine operators must provide a telephone or similar two-way communication between the surface and each main shaft landing and each working area of any coal mine that is more than 100 feet from a portal. Each underground coal mine must run a continuing program to improve accident readiness. Within 60 days after June 15, 2006, every operator had to put a written accident response plan in place for each mine, keep it updated, and share it with miners and their representatives. The plan must let people evacuate safely and must also describe how miners would be cared for if they cannot get out. The Secretary must review and approve each plan and consider miner comments, and must recheck plans at least every 6 months. Approved plans must meet current safety standards, use feasible and available technology, and reflect best science and experience. Plans must include backup ways to talk to the surface, a system to find where underground workers are, breathable air supplies for trapped miners (including, besides the 2 hours per miner already required by the emergency standard in effect the day before June 15, 2006, extra self-rescuer caches totaling at least 2 more hours per miner placed in escapeways within a distance a miner could walk in 30 minutes), schedules to maintain and update self-rescuers and training on using them, flame-resistant directional lifelines or an equivalent in escapeways (required when lifelines are replaced or, for working sections, no later than 3 years after June 15, 2006), emergency training that does not cut other required training, and plans for working with mine rescue teams and local responders. Within 3 years after June 15, 2006, plans must provide wireless two-way communication and electronic tracking or explain why not and give an alternative that closely matches their safety value. Any dispute over a plan is handled quickly: the Secretary issues a citation, the case goes to an Administrative Law Judge, both sides submit materials within 15 days, and the judge decides within 15 days; appeals are allowed but the disputed part stays in the plan unless the operator asks to pause it and the judge agrees. No plan may reduce protections already required by law.