Mine Safety and Health Administration September 2008 – Federal Register Recent Federal Regulation Documents

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations.

The Mine Safety and Health Administration (MSHA) is revising the existing standard for the quantity and location of firefighting equipment in underground coal mines to assure that it is readily available to quickly extinguish a fire. In lieu of the existing requirements for rock dust and other firefighting equipment, this final rule allows the use of portable fire extinguishers in working sections of underground anthracite coal mines that have no electrical equipment at the working section and produce less than 300 tons of coal per shift. The rule also requires an additional fire extinguisher in lieu of rock dust at temporary electrical installations in all underground coal mines.

The proposed rule would replace the existing metal and nonmetal standards for the possession and use of intoxicating beverages and narcotics and establish a standard for all mines. The proposed rule would designate the substances that cannot be possessed on mine property or used while performing safety-sensitive job duties, except when used according to a valid prescription. Mine operators would be required to establish an alcohol- and drug-free mine program, which includes a written policy, employee education, supervisory training, alcohol- and drug-testing for miners that perform safety-sensitive job duties and their supervisors, and referrals to assistance for miners who violate the policy. The proposed rule would also require those who violate the prohibitions to be removed from the performance of safety- sensitive job duties until they complete the recommended treatment and their alcohol- and drug-free status is confirmed by a return-to-duty test.