30 U.S.C. § 875 — Emergency shelters; construction; con-

Page 172 TITLE 30—MINERAL LANDS AND MINING § 874 shuttle cars, or (4) in equipment designed espe- cially to transport such explosives or deto- nators. (f) Storage of explosives and detonators in work- ing sections of underground mines; con- tainers; locations When supplies of explosives and detonators for use in one or more working sections are stored underground, they shall be kept in section boxes or magazines of substantial construction with no metal exposed on the inside, located at least twenty-five feet from roadways and power wires, and in a dry, well rock-dusted location protected from falls of roof, except in pitching beds, where it is not possible to comply with the location re- quirement, such boxes shall be placed in niches cut into the solid coal or rock. (g) Location of explosive and detonator con- tainers in working places of underground mines Explosives and detonators stored in the work- ing places shall be kept in separate closed con- tainers which shall be located out of the line of blast and not less than fifty feet from the work- ing face and fifteen feet from any pipeline, powerline, rail, or conveyor, except that, if kept in niches in the rib, the distance from any pipe- line, powerline, rail, or conveyor shall be at least five feet. Such explosives and detonators, when stored, shall be separated by a distance of at least five feet. (Pub. L. 91–173, title III, § 313, Dec. 30, 1969, 83 Stat. 785.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title. § 874. Hoisting and mantrips (a) Transporting of persons; required equipment and capabilities; safety catches; daily exami- nations; operators Every hoist used to transport persons at a coal mine shall be equipped with overspeed, overwind, and automatic stop controls. Every hoist handling platforms, cages, or other devices used to transport persons shall be equipped with brakes capable of stopping the fully loaded plat- form, cage, or other device; with hoisting cable adequately strong to sustain the fully loaded platform, cage, or other device; and have a prop- er margin of safety. Cages, platforms, or other devices which are used to transport persons in shafts and slopes shall be equipped with safety catches or other no less effective devices ap- proved by the Secretary that act quickly and ef- fectively in an emergency, and such catches shall be tested at least once every two months. Hoisting equipment, including automatic ele- vators, that is used to transport persons shall be examined daily. Where persons are transported into, or out of, a coal mine by hoists, a qualified hoisting engineer shall be on duty while any person is underground, except that no such engi- neer shall be required for automatically oper- ated cages, platforms, or elevators. (b) Promulgation of other safeguards Other safeguards adequate, in the judgment of an authorized representative of the Secretary, to minimize hazards with respect to transpor- tation of men and materials shall be provided. (c) Rated capacities; indicator for position of cage Hoists shall have rated capacities consistent with the loads handled and the recommended safety factors of the ropes used. An accurate and reliable indicator of the position of the cage, platform, skip, bucket, or cars shall be provided. (d) Methods for signaling between shaft stations and hoist rooms There shall be at least two effective methods approved by the Secretary of signaling between each of the shaft stations and the hoist room, one of which shall be a telephone or speaking tube. (e) Braking equipment for haulage cars used in underground mines Each locomotive and haulage car used in an underground coal mine shall be equipped with automatic brakes, where space permits. Where space does not permit automatic brakes, loco- motives and haulage cars shall be subject to speed reduction gear, or other similar devices approved by the Secretary which are designed to stop the locomotives and haulage cars with the proper margin of safety. (f) Automatic couplers for haulage equipment All haulage equipment acquired by an oper- ator of a coal mine on or after one year after the operative date of this subchapter shall be equipped with automatic couplers which couple by impact and uncouple without the necessity of persons going between the ends of such equip- ment. All haulage equipment without automatic couplers in use in a mine on the operative date of this subchapter shall also be so equipped within four years after the operative date of this subchapter. (Pub. L. 91–173, title III, § 314, Dec. 30, 1969, 83 Stat. 786.) Editorial Notes REFERENCES IN TEXT For the operative date of this subchapter, referred to in subsec. (f), see section 509 of Pub. L. 91–173, set out as an Effective Date note under section 801 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title. § 875. Emergency shelters; construction; con- tents; implementation plans The Secretary or an authorized representative of the Secretary may prescribe in any coal mine that rescue chambers, properly sealed and venti- lated, be erected at suitable locations in the mine to which persons may go in case of an emergency for protection against hazards. Such Page 173 TITLE 30—MINERAL LANDS AND MINING § 876 chambers shall be properly equipped with first aid materials, an adequate supply of air and self- contained breathing equipment, an independent communication system to the surface, and prop- er accommodations for the persons while await- ing rescue, and such other equipment as the Sec- retary may require. A plan for the erection, maintenance, and revisions of such chambers and the training of the miners in their proper use shall be submitted by the operator to the Secretary for his approval. (Pub. L. 91–173, title III, § 315, Dec. 30, 1969, 83 Stat. 787.) Editorial Notes EFFECTIVE DATE Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 110–161, div. G, title I, § 112(b), Dec. 26, 2007, 121 Stat. 2168, provided that: ‘‘Not later than June 15, 2008, the Secretary of Labor shall propose regulations pursu- ant to section 315 of the Federal Coal Mine Health and Safety Act of 1969 [30 U.S.C. 875], consistent with the recommendations of the National Institute for Occupa- tional Safety and Health pursuant to section 13 of the MINER Act (Public Law 109–236) [120 Stat. 504], requir- ing rescue chambers, or facilities that afford at least the same measure of protection, in underground coal mines. The Secretary shall finalize the regulations not later than December 31, 2008.’’ § 876. Communication facilities; locations and emergency response plans (a) In general Telephone service or equivalent two-way com- munication facilities, approved by the Secretary or his authorized representative, shall be pro- vided between the surface and each landing of main shafts and slopes and between the surface and each working section of any coal mine that is more than one hundred feet from a portal. (b) Accident preparedness and response (1) In general Each underground coal mine operator shall carry out on a continuing basis a program to improve accident preparedness and response at each mine. (2) Response and preparedness plan (A) In general Not later than 60 days after June 15, 2006, each underground coal mine operator shall develop and adopt a written accident re- sponse plan that complies with this sub- section with respect to each mine of the op- erator, and periodically update such plans to reflect changes in operations in the mine, advances in technology, or other relevant considerations. Each such operator shall make the accident response plan available to the miners and the miners’ representatives. (B) Plan requirements An accident response plan under subpara- graph (A) shall— (i) provide for the evacuation of all indi- viduals endangered by an emergency; and (ii) provide for the maintenance of indi- viduals trapped underground in the event that miners are not able to evacuate the mine. (C) Plan approval The accident response plan under subpara- graph (A) shall be subject to review and ap- proval by the Secretary. In determining whether to approve a particular plan the Secretary shall take into consideration all comments submitted by miners or their rep- resentatives. Approved plans shall— (i) afford miners a level of safety protec- tion at least consistent with the existing standards, including standards mandated by law and regulation; (ii) reflect the most recent credible sci- entific research; (iii) be technologically feasible, make use of current commercially available technology, and account for the specific physical characteristics of the mine; and (iv) reflect the improvements in mine safety gained from experience under this chapter and other worker safety and health laws. (D) Plan review The accident response plan under subpara- graph (A) shall be reviewed periodically, but at least every 6 months, by the Secretary. In such periodic reviews, the Secretary shall consider all comments submitted by miners or miners’ representatives and intervening advancements in science and technology that could be implemented to enhance min- ers’ ability to evacuate or otherwise survive in an emergency. (E) Plan content-general requirements To be approved under subparagraph (C), an accident response plan shall include the fol- lowing: (i) Post-accident communications The plan shall provide for a redundant means of communication with the surface for persons underground, such as sec- ondary telephone or equivalent two-way communication. (ii) Post-accident tracking Consistent with commercially available technology and with the physical con- straints, if any, of the mine, the plan shall provide for above ground personnel to de- termine the current, or immediately pre- accident, location of all underground per- sonnel. Any system so utilized shall be functional, reliable, and calculated to re- main serviceable in a post-accident set- ting. (iii) Post-accident breathable air The plan shall provide for— (I) emergency supplies of breathable air for individuals trapped underground sufficient to maintain such individuals for a sustained period of time; (II) in addition to the 2 hours of breathable air per miner required by law