Wyo. Code R. 053 | Wyoming Administrative Rules 053 — Workforce Services, Department of

382 DWS-Endow Priority Sector Business Grants (PSBG) Program

Chapter 1 DWS-Endow Priority Sector Business Grants (PSBG) Program

Wyo. Code R. 053.0029.1.11192018 § 1 Authority

The Department of Workforce Services (DWS) is authorized under the Department of Workforce Services Act Wyoming Statutes (W.S.) §§ 9-2-2601 through 9-2-2611,

and the Wyoming Administrative Procedures Act, W.S. §16-3-101, et seq. to promulgate rules and regulations to be used by the Department of Workforce Services in the discharge of its functions. W.S. §§ 9-2-2609 through 9-2-2611 provides authorization for the Department of Workforce Services to establish the Wyoming workforce development-priority economic sector partnership program.

History

Effective 2018-11-19

Wyo. Code R. 053.0029.1.11192018 § 2 Purpose

The Wyoming workforce development-priority economic sector partnership program shall be known as the DWS ENDOW Priority Sector Business Grants (PSBG) program. The PSBG program provides training funds to train and educate employees in existing businesses, which will result in business expansion, the production of high wage and high skilled jobs that will increase the earning potential and employment opportunities for Wyoming employees and enhance and diversify the state's economy.

History

Effective 2018-11-19

Wyo. Code R. 053.0029.1.11192018 § 3 Definitions

(a) Exceptional circumstances - means in situations where an Applicant requests more than five thousand dollars ($5,000.00) per employee for training, DWS will use the seventy-fifth percentile (75%) of the specific industry and county listed in the Occupational Employment Statistics estimates produced using the Local Employment and Wage Information System quarterly report from Research and Planning. http://doe.state.wy.us/lmi/oes.htm.

(b) Eligible training provider includes:

(i) The entities specified at W.S. §§ 9-2-2610(a)(v)(A), (B), and (C), and;

(ii) Any entity that is listed on the Department's eligible training providers list (ETPL) that is maintained by the Department as required by the federal Workforce Innovation and Opportunity Act (WIOA). The list can be viewed by going to www.wyomingatwork.com and searching for ETPL Approved Programs using the provided search box.

History

Effective 2018-11-19

Wyo. Code R. 053.0029.1.11192018 § 4 Pre-Application Process

(a) Pre-screening.

(i) All businesses interested in applying for PSBG are required to complete a Letter of Intent to include the following:

(A) Identify and document the business as priority-sector based on the Governor's diversity strategy plan per W.S. § 9-2-2610(a)(xii);

(B) Identify training needs;

time employees per W.S. § 9-2-2610(a)(ix),(x),(xi);

(D) Identify matching funds and resources;

(E) Identify training provider that is listed on the Department's eligible training providers list (ETPL);

(I) Letter of Support from training provider; and,

(F) Specify amount of funding the business is requesting.

(ii) The Department, upon review of the information received in pre-screening

submission, shall notify the applicant of whether or not the applicant qualifies for the PSBG

program. If the Department finds the applicant does not quality, it shall state its reasons for such

a finding in the form of written notice to applicant.

History

Effective 2018-11-19

Wyo. Code R. 053.0029.1.11192018 § 5 Application Requirements

(a) Applications for funding shall contain all information required by W.S. §

9-2-2611(h).

History

Effective 2018-11-19

Wyo. Code R. 053.0029.1.11192018 § 6 Business Compliance Requirements

(a) Businesses participating in the application process shall meet the State of Wyoming's registration requirements to be eligible to receive training grants as posted on the following:

(i) Secretary of State's website: http://soswy.state.wy.us/Business/StartABusiness.aspx.

(ii) Wyoming Business Council's website: http://www.wyomingbusiness.org/DocumentLibrary/B%20and%20I/17_mar_11_business_checklist_info_0311.pdf.

History

Effective 2018-11-19

Wyo. Code R. 053.0029.1.11192018 § 7 Application Approval Process

(a) Each payment obligation of DWS is conditioned upon the availability of government funds which are appropriated or allocated for the payment of this obligation and which may be limited for any reason including, but not limited to, congressional, legislative, gubernatorial or administrative action.

(b) DWS, in consultation with the coordinator of economic diversification shall administer the PSBG program. Once applications are received, reviewed and are deemed complete, they will be forwarded to the following entities, and in the specified order:

(i) Wyoming Business Council to review and approve;

(ii) Attorney General's Office to review and approve; and,

(iii) Governor's Office representative for final approval.

History

Effective 2018-11-19

Wyo. Code R. 053.0029.1.11192018 § 8 Reporting Requirements

(a) Annual Report.

(i) Pursuant to W.S. § 9-2-2611(j)(iii), at a minimum, the following data points will be required from each Applicant to submit on or before August 31 covering July 1 through June 30 of the previous year:

(A) Number of employees in training;

(B) Number of full time and part-time employees in newly created jobs;

(D) Number and types of credentials received;

(E) Pre and Post wages and benefits - show progression;

(F) Expenditures and matching monies (include equipment);

(G) Employee attrition and reasons for leaving; and,

(H) Recruitment efforts.

(b) Closeout Report.

(i) Pursuant to W.S. § 9-2-2611(j)(iii) and based on executed contract terms, at a minimum, the following information will be required from each Applicant:

(A) Updated financial information;

(B) Business plan outcomes based on stated goals;

(D) Reflections on process, outcomes and future goals; and,

(E) Identify business processes for replication efforts.

History

Effective 2018-11-19

296 General Agency, Board or Commission Rules

Chapter 1 Regulation Governing Access to Records

Wyo. Code R. 053.0002.1.10262020 § 1 Statutory Authority

. These regulations are promulgated pursuant to the Wyoming Public Records Act W.S. 16-4-201 through W.S. 16-4-205.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 2 Purpose

. To set forth regulations governing provisions for adequate and

reasonable access to records maintained by the Department of Workforce Services.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 3 Applicability

. These regulations apply to the Department of Workforce Services, 5221 Yellowstone Road, Cheyenne, Wyoming 82002, concerning access to or examination of public records maintained by the Department of Workforce Services.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 4 Definitions

. For purposes of this regulation, definitions shall be as set forth

in W.S. 16-4-201 and the Department of Workforce Services also adopts the following definitions:

(a) "Access" means the ability for the public to obtain records.

(b) Department" means Department of Workforce Services.

(d) "Examination of Records" means inspection by the public of records in the

physical custody (except as a secondary custodian) of the Department.

(e) "Non-fee Requests" means those requests which do not include privileged and

confidential records and which require minimal preparation. These include requests, as determined by the Department, for general information of five (5) pages or less. Non-fee requests may include, but are not necessarily limited to: regulations; information brochures; previously published reports routinely provided at no cost and intended for mass distribution; electronic data; and information covered under a MOU, contract or reciprocal relationship. These requests are limited to no more than five (5) pamphlets, five (5) brochures or five (5) items, which qualifies as non-fee requests. If the request exceeds this amount, then a fee shall be charged for the additional information requests as set forth in Sections 6 and 7.

(f) Privileged and Confidential Records" mean those records set forth in W.S. 16-4-203 (a), (b) and (d) and may also include (g) and W.S. 9-2-2607.

(g) "Public Records" mean as defined in W.S. 16-4-201 (a) (v) and (vi).

(h) "Requester" means a party making a request for access to a public record.

(i) "Secondary Custodian" means division, agency officer or employee of the

Department that provides for only the processing or storage of a state agency public record for

which the Department is not the owner.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 5 Disclosure

. Information requests for records produced by the Department shall be available for examination. All requests for access to, or examination of, records for copying or other lawful purposes, which the Department is a secondary custodian, shall come from the official custodian of the public record as defined in W.S. 16-4-201(a)(i). Any person seeking information held by the Department as a secondary custodian shall be directed to make such requests to the official custodian of that specific public record.

(a) Those documents classified by law as privileged and confidential shall not be available to public inspection.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 6 Requests for Information and Access to Public Records

(a) Information requests are preferred to be submitted electronically at: https://wydws.nextrequest.com. Requests may also be submitted in writing to the Office of the Director, Department of Workforce Services, 5221 Yellowstone Road, Cheyenne, Wyoming, 82002.

(b) Postage or handling may be added to any request for copies mailed or delivered.

payments shall be transmitted to the Fiscal Division for deposit with the State Treasurer. Once the work has been completed, a copy of the invoice and the payment shall be sent to the Office of the Director.

(d) Nothing herein shall be interpreted as requiring any fee be paid for mere

examination of records not determined to be privileged and confidential records.

(e) Applicability. This section applies to requests for access to public records pursuant to W. S. § 16-4-201, et seq.

(f) Custodian. For the purpose of any public records request, the Administrator of Public Affairs and Communication is the custodian of all public records maintained or kept in the custody or control of the Department.

(g) Right of Inspection. Public records of the Department shall be available for inspection by any person at reasonable times, subject to reasonable restrictions imposed by the Director. No person shall inspect public records of the Department without the prior approval of the Director and all requests for access to public records shall be in writing.

(h) Grounds for Denial. In addition to any grounds for denial listed in W. S. § 16-4-203, the Director shall deny the right to inspect any information whose disclosure is prohibited by W. S. § 27-14-805. The Director may also deny the right to inspect records of investigations conducted by the Department, investigatory or security procedures of the Department, or any investigatory files of the Department, when disclosure would be contrary to the public interest.

(i) Response to Request; Statement of Reasons; Time Limits. The Director or designee shall issue a response to all written requests for access to public records within thirty (30) days, after the request is received by the Department. Any written request for access shall be deemed denied if the Director has not issued a response within thirty (30) days after the request was received by the Department. A party whose request for access is denied may request a written statement of reasons. Any request for a statement of reasons shall be in writing. The Director shall issue a written response to any such request, stating the reasons for denying access, including citations to legal authority, within thirty (30) days after the request was received by the Department. Any denial of access shall be final, unless the party seeking access files an application in district court pursuant to W. S. § 16-4-203(f) within thirty (30) days after the Director's statement of reasons is issued. At the same time it is filed in the district court, any application pursuant to W. S. § 16-4-203(f) shall be served on the Director by certified mail.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 7 Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

(a) Authority. The Department is required under W. S. § 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs, and charges for inspecting, copying, and producing public records.

(i) Adoption of Uniform Rules. The Department hereby incorporates by reference the following uniform rules:

(A) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://rules.wyo.gov. See Current Rules, Administration & Information, Dept., Director's Office, Chapter 2. This incorporated rule may also be requested from the Wyoming Secretary of State Office (Administrative Services Division) in writing at: Herschler Building East, 122 W. 25th Street, Suites 100 & 101, Cheyenne, WY 82002-0020; by email at: rules@wyo.gov; by telephone at: (307) 777-5348; or by fax at: (307) 777-5339.

(B) For these rules incorporated by reference:

(I) The Department has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(II) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(III) The incorporated rules are maintained at the Department office (5221 Yellowstone Road, Cheyenne, Wyoming 82002) and are available for public inspection and copying at the same location.

(b) The provisions of this section notwithstanding, the Department shall, upon

request, provide one photocopy of the official workers' compensation file, free of charge, to both the employee and the employer.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 8 Notification

(a) The Department will notify the requester of the estimated fees for making the

public record available for inspection or for providing copies to the requester. If the estimated fees exceed thirty dollars ($30.00), the Department will provide written notice and will not act further in responding to the request until the requester notifies the Department, in writing, to proceed with making the records available.

(b) A retainer shall be required in advance of processing a record request whereby, in the estimation of the Department, the total cost of processing the record request will exceed thirty dollars ($30.00). The Department shall determine the estimated cost of processing the record request and require the requesting person or entity submit that amount as a retainer. After the request has been processed, if the actual cost of processing the request was greater than the amount received as a retainer, the Department shall contact the requester and require they submit the difference before releasing the information. If the actual cost of processing the request was less than the amount received as the retainer, the Department shall refund the difference. No copies of records shall be released without the receipt of payment in full.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 9 Requests from Governmental Entities

. Requests from the federal government, its agencies, other states and their agencies, other Wyoming state agencies, Wyoming counties, municipalities, the Wyoming legislature, legislative service office, and requests from individual legislators, in their legislative capacity, for records shall be furnished free of charge. These requests shall be subject to the provisions of W.S. 9-2-2607.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 10 Disclaimer

. The Department assumes no responsibility for the illegal or fraudulent use of any information provided by this regulation.

History

Effective 2020-10-26

Wyo. Code R. 053.0002.1.10262020 § 11 Severability Clause

. If any provision of this regulation shall be held to be illegal or unconstitutional, such a ruling shall not affect other provisions of this regulation which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of this regulation shall be severable.

History

Effective 2020-10-26

318 Labor Standards

Chapter 1 Unpaid Wage Claims

Wyo. Code R. 053.0024.1.09232019 § 1 Authority

This Chapter is promulgated by the authority of Wyoming Statute § 27-2-104(a)(v).

History

Effective 2019-09-23

Wyo. Code R. 053.0024.1.09232019 § 2 Purpose

This Chapter prescribes procedures by which the Department shall carry out its mandate to enforce all laws enacted by the legislature of Wyoming relating to labor, wages, and hours of labor, as required by Wyoming Statute § 27-2-104(a)(i).

History

Effective 2019-09-23

Wyo. Code R. 053.0024.1.09232019 § 3 Definitions

(a) "Claim" means a signed written or electronic complaint filed with Labor Standards by the employee on a form provided by Labor Standards, claiming unpaid wages are due and owed to the employee pursuant to Wyoming Statute §§ 27-4-101, -104, or -507.

(b) "Claimant" means any employee submitting a claim as defined in subsection (a).

(c) "Compensation" means remuneration, pay, salary, bonus, or commission to be received by an employee for labor, services or as a result of his or her employment whether the compensation is determined on a time, task, weight, piece, hourly, chore or other basis.

(d) "Fringe Benefits" means any payments to the employee or to a fund for the benefit of the employee which are due the employee under an agreement with the employer or under a policy of the employer including but not limited to: vacation; holiday; welfare; pension; subsistence; or profit sharing.

(e) "Labor Standards" means a program within the Department of Workforce Services.

History

Effective 2019-09-23

Wyo. Code R. 053.0024.1.09232019 § 4 Filing Procedures

(a) Upon receipt of a claim, Labor Standards shall serve, by regular mail to the employer's last known address or by personal delivery, a copy of the claim together with a letter of instructions for responding to the claim.

(b) The employer shall have ten (10) days from the letterhead date to submit a response to such claim.

(d) Labor Standards shall serve a copy of the employer's answer by regular mail or personal delivery upon the claimant.

(e) The claimant shall submit a reply to the employer's answer within ten (10) days from the letterhead date.

(f) If either party fails to submit a timely response or reply, Labor Standards shall proceed with its investigation based on that information which has been filed.

History

Effective 2019-09-23

Wyo. Code R. 053.0024.1.09232019 § 5 Investigation

For the purpose of determining the validity of any claim, Labor Standards may:

(a) Interview and obtain additional statements from either party;

(b) Examine, copy and inspect any relevant records or documents held by the parties or other persons;

(d) Contact and receive relevant information from any other governmental agencies and/or officials;

(e) Make any and all relevant inquiries necessary in making a determination; and

(f) Refer the claim for an administrative hearing pursuant to Wyoming Statute § 27-4-504, should the employer fail to cooperate with the investigation.

History

Effective 2019-09-23

Wyo. Code R. 053.0024.1.09232019 § 6 Wage Offset Rules

The following sums shall constitute proper offsets from wages due an employee:

(a) Any sums deducted from wages pursuant to the Internal Revenue Code or any other Federal tax provision.

(b) Any sums deducted from wages pursuant to the Social Security Administration Act or the Federal Insurance Contribution Act.

(c) Any sums deducted from wages as dues, contributions, or other fees to any labor organization or association; or as contributions for any employee's participation or eligibility in any health, welfare, insurance, retirement, or other benefit plan or program, provided:

(i) That such employee has granted written authorization for such deductions; and

(ii) That such deductions shall terminate upon the employee's written revocation of said authorization.

(d) Any sums deducted from wages as payments, repayments, contributions, or deposits, to any credit union, banking, savings, loan, trust or other financial institution, provided:

(i) That such employee has granted written authorization for such deductions; and

(ii) That such deductions shall terminate upon the employee's written revocation of said authorization.

(e) Any sums deducted from wages as payment for any purchase of goods or services by the employee from the employer, provided:

(i) That the goods or services sold by the employer are sold in the ordinary course of his or her business;

(ii) That the employee has actual or constructive possession of the goods or services purchased; and

(iii) That the employee's purchase is evidenced by the employee's written acknowledgement.

(f) Any sums deducted from wages for damages suffered by the employer due to the employee's negligence, theft, or fraud, provided:

(i) That the employee's negligence, theft, or fraud is determined by a judicial proceeding;

(ii) That the amount of the damage suffered by the employer is determined by a judicial proceeding;

(iii) That the negligence, theft, or fraud and damages arise in the course of the employment; and

(iv) That the employer has not received payments or any form of restitution from any insurer, assurer, surety or guaranty to cover any of the damages. Where the employer has received payments or any form of restitution from any insurer, assurer, surety or guaranty to cover any of the damages caused by the employee's negligence, the sum of the offset shall not exceed the amount of any applicable deductible or two hundred fifty dollars ($250.00), whichever is less.

(g) Any sums deducted from wages pursuant to "Attachment" (Wyoming Statute §§ 1-15-201 through -212), "Garnishment" (Wyoming Statute §§ 1-15-401 through -425), or Wyoming Statute §§ 27-4-106 through -108.

(h) Any sums deducted from wages as repayment to the employer by the employee of any cash advances, loans or payments of expenses for optional benefits such as tuition assistance, relocation and training, made to the employee by such employer, provided:

(i) That the cash advance, loan or payment of expenses to the employee occurred while said employee was in the employ of such employer; and

(ii) That the employee's receipt of such cash advance, loan or payment of expenses is evidenced by the employee's written acknowledgement.

(j) Any sums deducted from wages resulting from cash shortages, provided:

(i) That the employee gives written acknowledgement upon beginning employment that he or she shall be responsible for any such shortages;

(ii) That the employer and employee verify in writing the amount of cash that is in the register or cash box at the beginning of the employee's work period;

(iii) That the employer and employee verify in writing the amount of cash that is in the register or cash box immediately at the end of the employee's work period; and

(iv) That the employee be the sole and absolute user and have sole access to the register or cash box from the time checked in until the time checked out.

(k) Any sums deducted from wages as payment for any purchase of tools, equipment, uniforms, or other items required for the employment of the employee, provided:

(i) That the employee has actual or constructive possession of the items; and

(ii) That the employee's purchase and receipt of the item is evidenced by written acknowledgement.

(l) Any sums deducted from wages as payment for tools, equipment, uniforms, or other items assigned to the employee by the employer, provided:

(i) That such item was assigned to the employee to be used within the scope of the employee's employment;

(ii) That the employee gave written acknowledgement of the receipt of such items; and

(iii) That such items have not been returned to the employer upon termination.

(m) Any sums deducted from wages as payment for any purchase an employee makes on an employer's credit card, provided:

(i) The employee provided written acknowledgement that the employee would be responsible for personal purchases made on the card;

(ii) The purchased items were entirely for the benefit of the employee and in no way associated with the employer's business or the employee's job; and

(iii) The employer produces an itemized receipt of all purchases at issue and also demonstrates the employee made such purchases during the period of employment.

(n) Any sums deducted from wages as repayment for any pre-employment drug test, fingerprinting, credit check, or background check, provided:

(i) Such test or check is required by law or is otherwise a bona fide requirement for the performance of the position to which the employee applied;

(ii) That the employee is made aware in writing of the cost of such tests or checks prior to undergoing them;

(iii) That the employee has provided written acknowledgement agreeing to reimburse the employer for the cost of such tests or checks; and

(iv) That the employee's responsibility to provide such reimbursement ends after a specific period of time not to exceed one year of service.

(o) Payment of Undisputed Wages. In the case of a dispute over wage offsets, the employer shall give written notice to the employee, his counsel, or Labor Standards of the amount of wages which he or she concedes to be due and shall pay such amount without condition within the time required by statute.

(p) Acceptance by the employee of any partial payment of wages made hereunder shall not constitute a release or waiver as to the balance of any claim for the remaining unpaid wages.

(q) Improper Agreements. Any agreement and/or contract, written or otherwise, between any employer and any employee or his representative, in contravention of the lawful offsets enumerated in this Chapter shall be null and void.

(r) Check Stubs Required. All lawful offsets enumerated in this Chapter shall be itemized on a statement or a detachable check stub and provided to the employee as required by Wyoming Statute § 27-4-101(b).

(s) Enforcement. No employer shall be permitted to deduct from wages due an employee any sums not enumerated in this Chapter.

History

Effective 2019-09-23

Wyo. Code R. 053.0024.1.09232019 § 7 Conference

Where Labor Standards deems appropriate or upon request of either party, and upon agreement by both parties, an informal conference may be held. The conference may be used to establish facts, narrow the issues, and attempt resolution of the claim.

History

Effective 2019-09-23

Wyo. Code R. 053.0024.1.09232019 § 8 Final Determination

Upon conclusion of the investigation and all necessary inquiries, Labor Standards shall make a final determination as to the validity of the claim filed. The final determination may find the claim to be invalid, valid in the original amount claimed, or valid in an amount different from that claimed. Labor Standards shall notify the parties of the final determination by certified mail.

History

Effective 2019-09-23

Wyo. Code R. 053.0024.1.09232019 § 9 Fair Hearings

(a) Any party aggrieved by Labor Standards' final determination may request a fair hearing pursuant to Wyoming Statute §§ 27-2-109(g) or 27-4-504(b). A request for a fair hearing shall be in writing and received by Labor Standards within fifteen (15) days of receipt of the final determination.

(b) Any hearing held pursuant to this Chapter shall be conducted in accordance with the Wyoming Administrative Procedures Act, Wyoming Statute §§ 16-3-107 through -115, and the Wyoming Office of Administrative Hearings' rules for Contested Case Proceedings, which are hereby incorporated by reference and can be found at:

https://rules.wyo.gov/Search.aspx?RefNum=270.0001.2.07202017

(i) The rules for Contested Case Proceedings were adopted by the Wyoming Office of Administrative Hearings and in effect on July 20, 2017.

(ii) No later amendments to the rules for Contested Case Proceedings are incorporated by reference.

(c) Within thirty (30) days of the close of the hearing, the hearing officer shall issue its written decision and send a copy to each party and to Labor Standards.

History

Effective 2019-09-23

Wyo. Code R. 053.0024.1.09232019 § 10 Order to Pay

(a) In the event an employer fails to pay wages due as determined by Labor Standards and fails to request a fair hearing within fifteen (15) days of receipt of the final determination, Labor Standards shall issue an order requiring payment of wages due. The order shall be sent by certified mail. The employer shall submit the ordered amount to Labor Standards within fifteen (15) days of receipt of the order.

(b) If the hearing officer's written decision determines wages are due, Labor Standards shall issue an order requiring payment of wages due, together with any interest or fees ordered by the hearing officer pursuant to Wyoming Statute § 27-4-104(b). The order shall be sent by certified mail. The employer shall submit the ordered amount to Labor Standards within fifteen (15) days of receipt of the order.

History

Effective 2019-09-23

Chapter 3 Fair Employment Rules

Wyo. Code R. 053.0024.3.11212016 Fair Employment Rules

Microsoft Word - Labor Standards Chap_3_rev clean

Chapter III

FAIR EMPLOYMENT RULES

Section 1. Authority.

These rules are promulgated as authorized by W.S. 27-9-104(a)(ii). Section 2. Definitions.

As used in these rules:

(a) "Act" means Wyoming Fair Employment Practices Act of 1965, as amended.

(b) "Department" means the Department of Workforce Services, State of Wyoming.

(d) "Complaint" means a verified, written statement on a Charge of Discrimination form provided by Labor Standards, which sets forth the name(s) and address(es) of the person(s), employer(s), employment agency(ies) or labor organization(s) alleged to have committed the discriminatory or unfair employment practice(s) and a detailed account of the discrimination or unfair employment practice complained of.

(e) "Verified" means a complaint in which the complainant signs and swears or affirms before a notary public that the facts and allegations stated in the complaint are true.

(f) "Complainant" means any person claiming to be aggrieved by a discriminatory or unfair employment practice and who has filed a complaint with Labor Standards.

(g) "Employee" means any person who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee.

(h) "Employer" means the State of Wyoming, or any political subdivision or board, commission, department, institution or school district thereof, and every other person employing two or more employees within the state; but employer shall not mean religious organizations or associations.

(i) "Respondent" means any employer, employment agency or labor organization against whom a complaint has been filed.

(j) "Court" means the District Court in and for the Judicial District of the State of Wyoming in which the asserted unfair employment practice occurred, or if said court be not in session at the time, then any judge of said court.

(k) "Conciliation Process" means the negotiation process used by Labor Standards in an attempt to arrive at a mutually agreed upon resolution of the complaint where a probable cause determination has been made.

(l) "Make Whole" means any form of relief determined by Labor Standards to place the complainant as nearly as possible in the position he or she would have enjoyed had the discriminatory or unfair employment practice not occurred.

Section 3. Complaints.

(a) Who may file: Any person claiming to be aggrieved by a discriminatory or unfair employment practice; may personally or through his/her attorney file a verified complaint.

(b) Time limit on filing: A complaint must be filed with Labor Standards within six (6) months of the alleged discriminatory or unfair employment practice. If the last day of the sixth (6th) month falls on a Saturday, Sunday or state recognized holiday, the deadline for filing the complaint shall be extended to the next business day.

(d) Place to file: All complaints must be filed at any Labor Standards office.

(e) Manner of Filing: Complaints may be filed with Labor Standards by personal delivery, U.S. Mail, or facsimile. Where a complaint is filed by facsimile, complainant shall forward the original complaint to Labor Standards as soon as possible. A complaint shall be deemed filed when one or more of the following have occurred:

(i) In Person. When a complaint is submitted in person with a representative of Labor Standards, that submittal is deemed to occur the day the person physically delivers the document into the hands of the Labor Standards representative authorized to receive it.

(ii) By Mail. When a complaint is filed with Labor Standards by mail, that submittal is deemed to have been filed as of the postmark date on the envelope by which the document is mailed.

(iii) By Facsimile. When a complaint is filed with Labor Standards by fax, that document is deemed to have been filed as of the date the document is received. The fax must contain sufficient information to identify the party providing the information and the purpose for which it is intended. The party sending the fax assumes the risk of transmission errors or illegibility.

(f) Amendments: A complaint may be amended within thirty (30) calendar days of the filing of the complaint to cure only technical defects or omissions. After the statutorily mandated 6-month filing period has expired, a complaint may not be amended to introduce additional claims of discrimination or unfair employment practices.

Section 4. Procedures After Filing of Complaint.

(a) Notification of Respondent(s): Labor Standards shall notify the named respondent(s) in writing that a complaint has been filed. A copy of the complaint shall accompany the notification. The respondent(s) shall be given the opportunity to respond to the allegations contained in the complaint.

(b) Complainant's Reply: The complainant shall be given the opportunity to reply in writing to the respondent(s) response.

(d) Fact-finding/Settlement Conference: Prior to the commencement of its investigation, Labor Standards shall hold a fact-finding/settlement conference if both parties agree to attend. The purpose of the conference is to gather facts, clarify the issues and explore the possibility of settlement. If a settlement is reached by the parties, signed settlement agreements shall be delivered to the parties by personal delivery or certified mail to the last known addresses of the parties. If a settlement is not rendered during the conference, Labor Standards shall pursue the investigation of the allegations contained in the complaint.

(e) Investigation: Labor Standards shall conduct an investigation of the allegations contained in the complaint to determine if probable cause exists to conclude that discrimination occurred or there exists a discriminatory or unfair employment practice. In making a determination, Labor Standards may give substantial weight to the current guidelines of the Equal Employment Opportunity Commission.

(f) No Probable Cause Determination: If Labor Standards determines that probable cause does not exist to conclude that discrimination occurred or that a discriminatory or unfair employment practice exists, Labor Standards shall dismiss the complaint. The complainant and the respondent shall be notified in writing by either

personal delivery or certified mail of the dismissal. A copy of the determination shall accompany the Notice of Dismissal.

(g) Appeal of No Probable Cause Determination: The complainant may request a fair hearing on his or her complaint within twenty (20) days of the complainant's receipt of the Notice of Dismissal.

(h) Probable Cause Determination: If Labor Standards determines that probable cause does exist to conclude that discrimination occurred, Labor Standards shall endeavor to make whole the complainant through its conciliation process. If during the conciliation process a settlement is reached by the parties, a settlement agreement shall be drafted by Labor Standards and signed by the complainant, respondent and Labor Standards. A copy of the signed settlement agreement shall be delivered to the parties by personal delivery or certified mail to each party's last known address. If no settlement is reached within forty-five (45) days after both parties receive the probable cause determination, Labor Standards shall make a determination that the conciliation process has failed and, upon request of either party, refer the complaint to an independent hearing officer for a fair hearing.

(i) Disclosure: Labor Standards shall not disclose the filing of a complaint nor what transpires during the course of an investigation or the conciliation process, except as such disclosures are deemed essential to an investigation or are deemed necessary for evidence at a hearing.

(j) Access to Case Files:

(i) Investigative Records: Prior to a decision being issued by a hearing officer at a fair hearing, the contents of any files maintained by Labor Standards including, but not limited to, all documents, statements, notes, memoranda, correspondence, exhibits and reports or summaries prepared by Labor Standards employees shall be confidential and not subject to public disclosure. The parties to the complaint may inspect any such file or part thereof upon making proper arrangements with Labor Standards at any time after the issuance of the Notice of Hearing. After a decision has been issued by the hearing officer, the contents of the investigative records shall be available for public inspection subject to the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205, and upon written application to Labor Standards.

(ii) Settlement and Conciliation Conference Records: The contents of any files maintained by Labor Standards pertaining to settlement and/or conciliation efforts conducted including, but not limited to, any correspondence, notes, or reports furnished to or prepared by Labor Standards in connection with such settlement and/or conciliation efforts shall be confidential until the administrative process has been exhausted.

(iii) Fair Hearing Records: A fair hearing record includes but is not limited to the following: pleadings; briefs; memoranda, exhibits; orders; decisions; and the audiotapes of the hearing. Fair hearing records shall be made available for public inspection subject to the Wyoming Public Records Act (W.S. 16-4-201 through 16-4-

and upon written request to Labor Standards. Labor Standards shall provide to a requesting party copies of any requested document(s) from the fair hearing record at cost.

Section 5. Fair Hearings.

(a) Who Shall Conduct Fair Hearings: Fair hearings shall be conducted by an independent hearing officer. Labor Standards shall contract with an independent hearing officer in accordance with W.S. 27-9-104(b).

(b) Fair Hearing Procedures: The independent hearing officer shall conduct the fair hearing in accordance with W.S. 27-9-101 through 27-9-106 and the Wyoming Administrative Procedures Act, W.S. 16-3-107 through 16-3-115.

(c) Authority and Final Agency Action: The independent hearing officer shall exercise all authority of the Department under W.S. 27-9 101 through 27-9-106. The independent hearing officer's decision shall constitute the Department's final agency action.

(d) Any individual may appear for himself in any proceeding before any appeal tribunal. Any partnership may be represented by any of its members or a duly authorized representative. Any corporation or association may be represented by an officer or a duly authorized representative.

(e) Any party may appear by an attorney at law admitted to practice in the State of Wyoming or who is admitted pro hac vice.

Section 6. Judicial Review.

(a) Appeals to District Court: Pursuant to W.S. § 16-3-114, any complainant or respondent aggrieved or adversely affected by the hearing officer's decision may file a petition for judicial review. Petitions for judicial review of the hearing officer's decision shall be made pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure.

History

Effective 2016-11-21

Chapter 4 Certification of Resident Contractors and Suppliers

Wyo. Code R. 053.0024.4.04242019 § 1 Authority

This Chapter is promulgated by the authority of Wyoming Statute § 16-6-120(a).

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 2 Purpose

This Chapter is adopted to aid and ensure compliance with the residency requirements for Wyoming Public Works and Contracts as specified in Wyoming Statute §§ 16-6-101 through -121.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 3 Definitions

(a) "Contractor" means an individual or business entity engaged in construction, major maintenance, renovation, or improvement of any public work.

(b) "Labor Standards" means a program within the Department of Workforce Services.

(c) "Residency Preference" means the five percent bid preference awarded pursuant to Wyoming Statute § 16-6-102(a) of the Wyoming Preference Act of 1971.

(d) "Supplier" means an individual or business entity engaged in supplying products, goods, materials, or services to the state, any department thereof, or any county, city, town, school district, community college district, or other public corporation of the state.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 4 Application and Eligibility

(a) A contractor or supplier may apply to Labor Standards to be certified as a resident at any time. A contractor or supplier shall not be certified as a resident until a certificate of residency has been issued by Labor Standards.

(b) All contractors and suppliers seeking to be certified as a resident shall complete and submit all documents and affidavit(s) required by Labor Standards. Upon request by Labor Standards, applicants and certified residents shall submit any additional information or documentation that Labor Standards may deem necessary to determine residency status.

(i) The application fee for resident certification filed under Wyoming Statute § 16-6-101(a)(i)(J) shall be one-hundred dollars ($100.00).

(ii) The application fee for all other resident certifications shall be forty dollars ($40.00).

(d) Prior to issuing a certificate of residency, Labor Standards may conduct an on-site inspection of the Employer's principal office and principal place of business to verify eligibility.

(e) No residency preference shall be granted to any contractor or supplier who has not been certified as a resident by Labor Standards.

(f) No certificate of residency shall be issued to any contractor who has not participated in the prevailing wage survey as required by Wyoming Statute § 27-4-405(a). Prevailing wage survey participation is not required to qualify as a resident supplier.

(g) No certificate of residency shall be issued to any contractor or supplier required to register with the Wyoming Secretary of State's office who has not so registered or whose standing is delinquent.

(h) No certificate of residency shall be issued to any contractor or supplier who is delinquent with premium payments or employment wage contributions to Wyoming Workers' Compensation Division or Wyoming Unemployment Insurance Program as required by Wyoming Statute §§ 27-14-202 and 27-3-503, as applicable.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 5 Annual Renewal

(a) A certified resident's certificate of residency shall be valid for a period of one (1) year from the date issued.

(b) Prior to the expiration date noted on the certificate of residency, a certified resident may apply to Labor Standards for an annual renewal of its certified resident status. Labor Standards shall issue a new certificate of residency upon the certified resident's submission of the following to Labor Standards:

(i) The current certificate of residency;

(ii) Any documents required by Labor Standards to verify the certified resident's continued resident status; and

(iii) A renewal fee, payable to Labor Standards.

(A) The renewal fee for resident certification filed under Wyoming Statute § 16-6-101(a)(i)(J) shall be one-hundred dollars ($100.00).

(B) The renewal fee for all other resident certifications shall be forty dollars ($40.00).

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 6 Notification of Changes

A certified resident shall notify Labor Standards in writing and complete new affidavits, as required, within thirty (30) calendar days of any of the following changes:

(a) For a Sole Proprietorship: any change in the name or mailing address or street address of the owner of the sole proprietorship; any change of ownership of the sole proprietorship; and any change in the business address of the sole proprietorship.

(b) For a Partnership or Association: any change in the name or mailing address or street address of any partner of the partnership or member of the association; any change of partners of the partnership or members of the association; and any change in the business address of the partnership or the association.

(c) For a Limited Partnership: any change in the name or mailing address or street address of any of the general partners of the limited partnership; any change of the general partners of the limited partnership; and any change in the business address of the limited partnership.

(d) For a Registered Limited Liability Partnership: any change in the name or mailing address or street address of any of the members of the registered limited liability partnership; any change in the membership of the registered limited liability partnership; and any change in the business address of the registered limited liability partnership.

(e) For a Limited Liability Company: any change in the name or mailing address or street address of any of the managing members or appointed managers of the limited liability company; any change in the managing members or appointed managers of the limited liability company; and any change in the business address of the limited liability company.

(f) For a Corporation: any change in the name or mailing address or street address of the president of the corporation; any change of the president of the corporation; and any change of the business address of the corporation.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 7 Principal Office and Principal Place of Business

The principal office and principal place of business of any certified resident shall be permanently and physically located within the State of Wyoming.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 8 Investigation

(a) Labor Standards shall investigate an applicant or certified resident to determine compliance with Wyoming Statute §§ 16-6-101 through -121 if there is reason to suspect noncompliance or upon receipt of a complaint. Investigation may include, but is not limited to, conducting an on-site inspection of the Employer's principal office and principal place of business.

(b) In determining whether an Employer's key business functions are performed in Wyoming, Labor Standards may consider evidence concerning the Employer's operation, marketing, finance, and human resources functions, including but not limited to, manufacturing, provision of services, sales, advertising, product design, business administration, financial management, contracting, recruiting, and training.

(c) Upon completion of its investigation, Labor Standards shall make a determination as to whether the applicant or certified resident is in compliance with the provisions of Wyoming Statute §§ 16-6-101 through -121.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 9 Notice of Determination

(a) Labor Standards shall notify the subject applicant or certified resident in writing of its determination.

(b) Where the investigation was initiated by a complaint, Labor Standards shall notify the complainant of its determination if the complainant is known to Labor Standards.

(c) Where Labor Standards makes a determination that the applicant or certified resident is not in compliance with either Wyoming Statute §§ 16-6-101 or 16-6-108, Labor Standards shall include in its determination a notification of its intent to deny or revoke the certificate of residency. Labor Standards shall also inform the applicant or certified resident of the opportunity to request a hearing regarding the determination.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 10 Request for Hearing

(a) A request for a hearing shall be in writing and received by Labor Standards within thirty (30) days of the applicant's or certified resident's receipt of Labor Standards' determination.

(b) Where the applicant or certified resident does not request a hearing within thirty (30) days, Labor Standards shall either deny or revoke the certificate of residency.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 11 Independent Hearing Officer

Upon receipt of a timely submitted written request for hearing, Labor Standards shall contract with an independent hearing officer to conduct a hearing on the matter.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 12 Hearing Procedure

The hearing officer shall conduct the hearing in accordance with the Wyoming Administrative Procedures Act, Wyoming Statute §§ 16-3-107 through -115, and the Wyoming Office of Administrative Hearings' rules for Contested Case Proceedings, which are hereby incorporated by reference and can be found at: https://rules.wyo.gov/Search.aspx?RefNum=270.0001.2.07202017

(a) The rules for Contested Case Proceedings were adopted by the Wyoming Office of Administrative Hearings and in effect on July 20, 2017.

(b) No later amendments to the rules for Contested Case Proceedings are incorporated by reference.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 13 Recommended Decision

(a) Within thirty (30) days of the close of the hearing, the hearing officer shall issue a recommended decision and send a copy to each party and to Labor Standards.

(b) Any party to the hearing may file, either together or separately, an exception to the hearing officer's recommended decision and a brief in support thereof, with Labor Standards within thirty (30) days of the issue date of the recommended decision. Exceptions and supportive briefs not timely received shall not be reviewed or considered.

History

Effective 2019-04-24

Wyo. Code R. 053.0024.4.04242019 § 14 Final Agency Decision

(a) Labor Standards shall issue its final agency decision within thirty (30) days from the end of the exception filing period.

(b) In its final agency decision, Labor Standards may accept, reject, or modify the hearing officer's recommended decision. The final agency decision shall constitute Labor Standards' final agency action.

History

Effective 2019-04-24

Chapter 5 Disability Discrimination Rules

Wyo. Code R. 053.0024.5.11302001 Disability Discrimination Rules

Chapter V

DISABILITY DISCRIMINATION RULES

Section 1. Purpose.

The purpose of these rules and regulations is to provide definitions and guidelines concerning disability discrimination under the Wyoming Fair Employment Practices Act, W.S. 27-9- 101 through 27-9-108.

Section 2. Definitions.

(a) "Disabled person" means any person who has a physical or mental impairment that substantially limits one or more major life activity, has a record of such impairment, or is regarded as having such an impairment.

(b) "Physical impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine.

(c) "Mental impairment" means any mental or psychological disorder, such as mental retardation; organic brain syndrome; emotional or mental illness; and specific learning disabilities.

(d) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.

(e) "Has a record of such an impairment" means: (1) has a history of a mental or physical impairment which substantially limits one or more life activities, or (2) has been misclassified as having a mental or physical impairment which substantially limits one or more life activities.

(f) "Is regarded as having an impairment" means: (1) has a physical or mental impairment that does not substantially limit major life activities but that is treated by an employer as constituting such a limitation; (2) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; (3) has none of the impairments defined in paragraphs (b) and (c) but is treated by an employer as having a substantially limiting impairment; or (4) has none of the impairments defined in paragraphs (b) and (c) but is subject to an adverse employment action by an employer because of genetic information. Genetic information is defined as information about an individual's genetic tests, the genetic tests of his/her family members, or occurrences of disease or disorder among his/her family members.

(g) "Qualified disabled person" means a disabled person who is capable of performing particular job, or who would be capable of performing a particular job with reasonable accommodation to his disability.

(h) "Reasonable accommodation" means a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified disabled person to enjoy the same employment opportunities as are available to other employees.

(i) "Undue hardship" means an action that is excessively costly, extensive, substantial or disruptive, or that would fundamentally alter the nature or operation of the business.

Section 3. Reasonable Accommodation.

(a) An employer shall make reasonable accommodation for known physical or mental impairments of qualified disabled persons unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.

(b) Reasonable accommodations may include but are not limited to the following:

(i) Making facilities used by employees readily accessible to and useable by qualified disabled persons;

(ii) Job restructuring;

(iii) Modifying work schedules;

(iv) Acquiring or modifying equipment or devices; or

(v) Providing qualified readers or interpreters.

(i) The nature and cost of the accommodation in relationship to the size of the business;

(ii) The business's financial resources; and

(iii) The impact of the accommodation on the nature and structure of the business operation.

History

Effective 2001-11-30

Chapter 6 Prevailing Wages

Wyo. Code R. 053.0024.6.05152024 § 1 Authority

This Chapter is promulgated by the authority of Wyoming Statute § 27-4-404 of the Wyoming Prevailing Wage Act of 1967, as amended.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 2 Purpose

This Chapter is adopted to establish procedures for computing and determining Wyoming's prevailing wage rates, to set forth contested case hearing procedures, and to establish investigation and enforcement procedures, in accordance with the Prevailing Wage Act.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 3 Definitions

(a) "Affected Person" means any individual or entity who may be affected by Labor Standards' determination.

(b) "Base Wage Rate" means the prevailing hourly rate of wages, less fringe benefits.

(c) "Building Construction" means the construction generally needed to perform construction, reconstruction, improvement, enlargement, alteration, or repair of any public building fairly estimated to cost one-hundred thousand dollars ($100,000.00) or more.

(d) "Fringe Benefits" means the usual and customary benefits paid to workers in addition to wages.

(e) "Heavy and Highway Construction" means the construction generally needed to perform construction, reconstruction, improvement, enlargement, alteration, or repair of any heavy or highway project fairly estimated to cost one-hundred thousand dollars ($100,000.00) or more.

(f) "Journeyman Level Worker" means a worker with sufficient experience and training in his or her trade to be proficient in the skills necessary to perform all aspects of the trade.

(g) "Labor Standards" means Labor Standards, a program within the Wyoming Department of Workforce Services.

(h) "Moving Average Wage Adjustment" means an adjustment made to the prevailing hourly rate of wages to allow for economic fluctuations when sufficient data has not been provided for certain job classifications.

(i) "Prevailing Wage Act" means the Wyoming Prevailing Wage Act of 1967, as amended, Wyoming Statute §§ 27-4-101 through 413.

(j) "Survey" means an instrument to ascertain the prevailing hourly rate of wages for the construction trades through data collection of relevant hourly wages paid to workmen.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 4 Annual Surveys

(a) Labor Standards may engage the services of an independent contractor to distribute surveys and determine the annual prevailing rate of wages.

(b) Surveys shall be sent annually to the appropriate employers and employee organizations for purposes of determining the annual prevailing hourly rate of wages.

(c) For the purposes of determining the annual prevailing hourly rate of wages for the Building Construction trades and the Heavy and Highway Construction trades, surveys shall be conducted in September to collect total number of hours worked by classification of worker for the period of September 1 of the previous year through August 31 of the current year, plus the most recent rate of pay, to include fringe benefits, by classification of worker for the survey period.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 5 Survey Types

There shall be two separate surveys constructed to determine the prevailing hourly rate of wages; one survey for Building Construction and another for Heavy and Highway Construction, as follows:

(a) A survey to determine the prevailing hourly rate of wages for Building Construction shall be sent to employers and employee organizations engaged in construction, reconstruction, improvement, enlargement, alteration, or repair of public works projects or other large commercial projects.

(b) A survey to determine the prevailing hourly rate of wages for Heavy and Highway Construction shall be sent to employers and employee organizations engaged in construction, reconstruction, improvement, enlargement, alteration, or repair of major heavy and/or highway projects.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 6 Who is to be Surveyed

For the purpose of determining the prevailing hourly rate of wages, surveys shall collect data on wages paid to journeymen.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 7 Computation of Base Wage Rate

The base wage rate shall be computed according to the formula and considerations set forth below:

(a) The rate of wages paid in the locality in which the work is to be performed, to the majority of those employed in that classification in construction in the locality similar to the proposed undertaking. A distinction shall be recognized, based on area practice within the State, between Building Construction and Heavy and Highway Construction, and the job classifications typically associated with them.

(b) When fifty percent (50%) or more of those employed in a classification are paid at the same rate, that rate shall be the base wage rate for that job classification.

(c) In the event that not more than fifty percent (50%) of employees in a classification are paid at the same rate, then the rate paid to the greater number shall be used. The greater number must be at least thirty percent (30%) of those employed.

(d) In the event that the thirty percent (30%) threshold of Subsection(c) above is not met, then an average rate shall be used. The average rate for each classification in a locality shall be the rate obtained by:

(i) Adding the hourly rates paid to all workers in the classification and dividing by the total number of such workers.

Ex: AVERAGE RATE 1 = TOTAL HOURLY RATES PAID TOTAL NUMBER OF WORKERS

(ii) Dividing the total wages paid by the total number of hours worked in the classification.

Ex: AVERAGE RATE 2 = TOTAL DOLLAR WAGES PAID

TOTAL HOURS WORKED

(iii) Then the Base Wage Rate will be the average of AVERAGE RATE 1 and AVERAGE RATE 2:

Ex: BASE WAGE RATE = AVERAGE RATE 1 + AVERAGE RATE 2

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 8 Moving Average Wage Adjustment

In establishing a prevailing hourly rate of wages, Labor Standards shall provide for a moving average wage adjustment as follows:

WCLI (current year)

WCLI (previous year) x 100

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 9 Fringe Benefits

(a) The prevailing hourly rate of wages shall include bona fide fringe benefits set forth as follows:

(i) Medical and dental payments or hospital care;

(ii) Pensions on retirement or death;

(iii) Disability benefits and life insurance;

(iv) Vacation and holiday pay;

(v) Apprenticeship or other United States Bureau of Apprenticeship and Training approved training program or as approved by the Department of Transportation and Federal Highway Administration; and

(vi) Annuity or other 401K plans.

(b) An employer who pays more than the minimum required fringe benefits shall not be permitted to reduce or offset the excess amount from the required base wage rate.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 10 Objection to Prevailing Hourly Rate of Wages, Request for Hearing, and Effective Date

(a) Any affected party may submit to Labor Standards its written objection to the determination of the prevailing hourly rate of wages and request for a hearing. A hearing shall be initiated as set forth in Wyoming Statute § 27-4-407(a).

(b) An affected party's written notice of objection and request for hearing shall contain the following:

(i) The affected party's name, mailing address, and telephone number;

(ii) A list of the crafts or types of workmen and their hourly rate of wages being objected to;

(iii) The hourly rate of wages the affected party believes should prevail for each craft or type of workman listed in the objection;

(iv) The specific grounds for the objection; and

(v) A description of how the affected party would be affected by the wage

Determination.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 11 Independent Hearing Officer

Upon receipt of a timely submitted written objection and request for hearing, Labor Standards shall contract with an independent hearing officer to conduct a hearing on the matter.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 12 Hearing Procedure

The hearing officer shall conduct the hearing in accordance with the Wyoming Administrative Procedures Act, Wyoming Statute §§ 16-3-107 through 115, and the Wyoming Office of Administrative Hearings' rules for Contested Case Proceedings, which are hereby incorporated by reference and can be found at: https://rules.wyo.gov/Search.aspx?RefNum=270.0001.2.07202017

(a) The rules for Contested Case Proceedings were adopted by the Wyoming Office of Administrative Hearings and in effect on July 20, 2017.

(b) No later amendments to the rules for Contested Case Proceedings are incorporated by reference.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 13 Default

In the event the objecting party fails to appear at the hearing, the prevailing wage determination shall be deemed valid and final, and shall not be subject to review by the hearing officer.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 14 Record of Proceeding

Labor Standards shall make an audio recording of the hearing proceedings. Any party requesting a transcript of the recorded hearing shall be provided one at his/her own expense.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 15 Final Determination

Within ten (10) days of the close of the hearing, the hearing officer shall issue a written ruling on the objection(s) to the prevailing wage determination(s). The hearing officer's decision shall constitute Labor Standards' final determination.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 16 Investigation

(a) Labor Standards shall investigate a contractor or subcontractor to determine compliance with the provisions of the Prevailing Wage Act if there is reason to suspect noncompliance or upon receipt of a complaint.

(b) Labor Standards' investigation shall include whether the contractor or subcontractor properly classifies its workmen and pays workmen the correct prevailing hourly rate of wages, including the base wage rate and fringe benefits, as applicable.

(c) In determining whether a workman is properly classified, Labor Standards may utilize the 2018 Standard Occupational Classification System, which is hereby incorporated by reference and can be found at: https://www.bls.gov/soc/2018/major_groups.htm

(i) The 2018 Standard Occupational Classification System was adopted by the United States Department of Labor, Bureau of Labor Statistics, and in effect on May 14, 2018.

(ii) No later amendments to the 2018 Standard Occupational Classification System are incorporated by reference.

(d) For the purpose of any investigation under this Chapter, Labor Standards may issue subpoenas requiring the attendance and testimony of witnesses and the production of any books, papers, documents, or records which Labor Standards deems relevant or material to the inquiry.

History

Effective 2024-05-15

Wyo. Code R. 053.0024.6.05152024 § 17 Enforcement

(a) Where Labor Standards' investigation reveals a contractor's or subcontractor's noncompliance with the provisions of the Prevailing Wage Act, Labor Standards may:

(i) Consult with the noncompliant party and allow for a reasonable opportunity to come into compliance; and

(ii) Direct the public entity letting the contract, or the general contractor, to withhold further payment to the noncompliant party until prevailing wages are paid, pursuant to Wyoming Statute § 16-6-117.

(b) Where Labor Standards' investigation reveals a contractor's or subcontractor's intentional and willful violation of the Prevailing Wage Act, or where a noncompliant party fails to come into compliance, Labor Standards shall petition the appropriate district court for enforcement the Prevailing Wage Act and assessment of penalties as set forth in Wyoming Statute § 27-4-412.

History

Effective 2024-05-15

Chapter 12 Preference for Wyoming Resident Labor

Wyo. Code R. 053.0024.12.08032021 § 1 Authority

This Chapter is promulgated by the authority Wyoming Statute § 16-6-205(a) of the Wyoming Preference Act of 1971, as amended.

History

Effective 2021-08-03

Wyo. Code R. 053.0024.12.08032021 § 2 Purpose

This Chapter prescribes procedures and practices to ensure the proper administration of, and to establish and implement measures to ensure compliance with, the Wyoming Preference Act.

History

Effective 2021-08-03

Wyo. Code R. 053.0024.12.08032021 § 3 Definitions

(a) "Business Consultant Unit" means a team within the Department primarily responsible for providing guidance and oversight of the Wyoming Preference Act.

(b) "Certification process" means the methods and procedures, established by the Workforce Center, implemented to validate a qualified Wyoming resident applicant laborer is provided with adequate opportunity to be employed on a public works project, and to ensure each Employer has exercised due diligence in hiring Wyoming resident labor prior to the issuance of a Certification Letter authorizing the Employer to hire nonresident labor.

(d) "Emergency" means an unexpected situation that threatens the health, welfare or safety of the public.

(e) "Employer" means a person or entity who hires or employs skilled or unskilled laborers for public works projects.

(f) "Independent contractor" means an individual who performs compensated services for another individual or entity, and who:

(i) Is free from control or direction over the details of the performance of services by contract and by fact;

(ii) Represents his/her services to the public as a self-employed individual or an independent contractor; and

(iii) May substitute another individual to perform his/her services.

(g) "Noncompliance indicator" means any action or inaction which tends to suggest an Employer's noncompliance with the Wyoming Preference Act, and may include, but is not limited to, any of the following:

(i) Employer's unwillingness to disclose a project name, location, or start date when opening a job order or upon request;

(ii) Employer's requiring of a certification, license, excessive experience, or other qualification criteria that is not related to the craft or project;

(iii) Employer's failure to respond to an applicant;

(iv) Employer's failure to hire a qualified resident applicant without acceptable cause;

(v) Employer's failure to respond to an inquiry from the Department;

(vi) Discovery of noncompliance found during a compliance check; or

(vii) A complaint or allegation of noncompliance.

(h) "Owner" means the State of Wyoming or any political subdivision, municipal corporation, special district, or other governmental unit, including any authorized agent thereof.

(i) "Skilled laborer" means any skilled laborer who performs work in a craft, trade, or specialty occupation requiring related experience, training, or specialized education.

(j) "Unskilled laborer" means any unskilled laborer who performs work which does not require any level of specialized training, experience, or education.

(k) "Willful or intentional noncompliance" means:

(i) A deliberate action used by an employer to negate or circumvent the provisions of the Wyoming Preference Act; or

(ii) A recurrence of, or failure to correct, an instance of noncompliance after an employer receives a pre-construction Notice or Advisory on the applicability of the Wyoming Preference Act.

(l) "Workforce Center" means any of the Department's Workforce Centers, statewide offices providing workforce programs and services.

(m) "Wyoming Preference Act" means the Wyoming Preference Act of 1971, as amended, Wyoming Statute §§ 16-6-201 through -206.

History

Effective 2021-08-03

Wyo. Code R. 053.0024.12.08032021 § 4 Business Consultant Unit

The Business Consultant Unit shall perform consultation and monitoring services on behalf of the Department for the purposes of enforcing the Wyoming Preference Act. In carrying out its functions, the Business Consultant Unit may:

(a) Examine identification to establish residency status and certification compliance at public works project sites;

(b) Notify the appropriate Workforce Center when performing an evaluation of, or inquiry into, a problematic job order;

(d) Revoke a Certification Letter when evidence demonstrates an Employer willfully or intentionally failed to hire qualified Wyoming resident labor;

(e) Support and assist the Workforce Center in obtaining information on a public works project or a prospective Employer during the certification process;

(f) Initiate a customer outreach program that will provide training to Owners and Employers on applicable statutes and rules related to their legal obligations;

(g) Examine payroll records to ensure that an Employer pays overtime in accordance with Wyoming Statute § 16-6-110, as applicable;

(h) Investigate reports of suspected noncompliance reported by the Workforce Center or general public; and

(i) Assist in the confirmation of an emergency project by coordinating with the Workforce Center in contacting the project owner as necessary.

History

Effective 2021-08-03

Wyo. Code R. 053.0024.12.08032021 § 5 Employer Responsibilities

(a) Every Employer shall cooperate with the Department, Workforce Center, and Business Consultant Unit in carrying out its obligations.

(b) No Employer shall open a job order or act as an advocate for another Employer.

(c) Every Employer shall ensure that any applicable contract or subcontract contains the required provisions and acknowledgments required by Wyoming Statute § 16-6-203(a) of the Wyoming Preference Act.

(d) An Employer shall provide a list of all subcontractors on a Public Work project to the Business Consultant Unit upon request from the Department.

History

Effective 2021-08-03

Wyo. Code R. 053.0024.12.08032021 § 6 Resident Labor

(a) Every Employer shall ensure that each laborer claiming Wyoming resident status, including those laborers from temporary labor agencies, satisfies the requirements of Wyoming Statute § 16-6-202(a)(ii), and shall provide documentary evidence to establish Wyoming resident status upon request by the Department, Workforce Center, or Business Consultant Unit. Wyoming resident status may be established by:

(i) A Wyoming driver's license showing an original issue date no less than ninety (90) days prior; or

(ii) A utility bill, rent receipt, insurance policy, mortgage document, vehicle registration, pay stub, tax document, voter registration, doctor's bill, resident hunting or fishing license, school records or bank statement showing the resident's Wyoming address for a period of at least ninety (90) days; or

(iii) Military form DD214, which indicates Wyoming as the applicant's domicile and home of record for at least ninety (90) days; or

(iv) Any other documentary evidence establishing ninety (90) days of Wyoming residency acceptable to the Department, Workforce Center, or Business Consultant Unit.

(b) An Employer shall not require any Wyoming resident to apply through a labor organization or union, or at any location outside of the assigned Workforce Center's area of responsibility.

(c) An Employer shall not require any Wyoming resident to apply through an outside source without a means of verifying each application is received and acknowledged.

(d) An employer who anticipates employing an individual on a public work project who does not meet residency requirements as outlined in W.S. § 16-6-201(a)(ii), but whom the employer believes should be considered a resident for the purposes of the Wyoming Preference Act, may submit a request in writing to approve the person as a resident to the Business Consultant Unit prior to the individual starting employment on a public work project.

(i) The Business Consultant Unit shall issue a written document within ten (10) days of receiving the written request from the employer. The determination will either approve or deny residency status for the individual.

History

Effective 2021-08-03

Wyo. Code R. 053.0024.12.08032021 § 7 Nonresident Labor

(a) Prior to employing any nonresident laborer on a covered public works project, an Employer shall apply for and obtain a Certification Letter from the assigned Workforce Center.

(b) An Employer shall comply with the Workforce Center's certification process to ensure qualified Wyoming resident laborers are provided opportunity to be employed on public works projects.

History

Effective 2021-08-03

Wyo. Code R. 053.0024.12.08032021 § 8 Investigation and Notice of Determination

(a) The Business Consultant Unit shall investigate an Employer when one or more noncompliance indicators are reported or discovered to determine compliance with the Wyoming Preference Act.

(b) Upon completion of its investigation, the Business Consultant Unit shall make an assessment as to whether the subject Employer is or is not compliant with the Wyoming Preference Act, and shall notify the Employer of its determination as follows:

(i) A "No Violation" notification shall be issued when there is no evidence of noncompliance.

(ii) An "Advisory" notification shall be issued when the Employer is deemed to be noncompliant on the first offence, or when a recurrence of noncompliance occurs one year or more after the previous noncompliance occurrence.

(iii) A "Citation" notification shall be issued if the recurrence date occurs within one year from the date of the previous occurrence of noncompliance, or upon discovery of willful or intentional noncompliance.

(iv) A "Citation and Debarment" notification shall be issued upon a recurrence of noncompliance within one year from date of a Citation being issued.

(c) Where the investigation was initiated by a complaint, the Business Consultant Unit shall notify the complainant of its findings when the complainant's identification and contact information is known.

History

Effective 2021-08-03

Wyo. Code R. 053.0024.12.08032021 § 9 Final Agency Decision

(a) If no hearing is requested pursuant to Wyoming Statute § 16-6-206(d), the Department shall issue its final agency decision within thirty (30) days from the end of the hearing request filing period.

(b) If a hearing is held, the Department shall issue its final agency decision within thirty (30) days after the hearing officer's recommended decision is issued.

(c) In its final agency decision, the Department may accept, reject, or modify the hearing officer's recommended decision.

History

Effective 2021-08-03

Chapter 13 Federal Sector Military Department Equal Opportunity Complaints

Wyo. Code R. 053.0024.13.12082022 Federal Sector Military Department Equal Opportunity Complaints

Chapter 13

Federal Sector Military Department Equal Employment Opportunity Complaints

Section 1. Authority. These rules are promulgated as authorized by W.S. § 27-9-104(a)(viii).

Section 2. Definitions. As used in these rules:

(a) "Act" means Wyoming Fair Employment Practices Act of 1965, W.S. § 27-9-101 through -106.

(b) "Department" means the Department of Workforce Services.

(d) "EEO" means equal employment opportunity.

(e) "EEO Counselor" means a Compliance Officer working for the Division and under an agreement with the Military Department, acting to resolve disputes between aggrieved employees and the Military Department based on Informal EEO Complaints filed either with the Division or the Military Department.

(f) "EEO Investigator" means a Compliance Officer working for the Division and under an agreement with the Military Department who conducts investigations into allegations accepted by the Military Department, in Formal Complaints submitted by employees of the Military Department alleging discrimination based on race, color, sex, national origin, religion, age or disability or a Hostile Work Environment under EEOC guidance and law.

(g) "EEOC" means the Equal Employment Opportunity Commission.

(h) "Employee" means those Federal technician employees of the Military Department who are employees of the United Stated of America, but does not mean those employed by the Military Department as employees of the State of Wyoming or those who were in a military status at the time of the alleged complained of actions.

(i) "Formal Complaint" means a written complaint alleging discriminatory or unfair employment practice that is filed with the Division or the Military Department within fifteen (15) days of receipt of the Notice of Right to File after completion of the Informal EEO Complaint process. The written complaint must include a signed statement from the complainant or the complainant's attorney containing the complainant's (or representative's) telephone number and address and must be sufficiently precise to identify the complainant, the agency, and generally describe the action or practice which forms the basis of the complaint and who took the action.

(j) "Formal Complainant" means any person claiming to be aggrieved by a discriminatory or unfair employment practice and who has timely filed a Formal Complaint.

(k) "Informal EED Complaint" means a complaint filed with the EEO Manager for the Military Department, or the Division, claiming discrimination based on race, color, national origin, sex, age, religion, disability, protected genetic information, or reprisal or a Hostile Work Environment under EEOC guidance and law. An Informal EEO Complaint must be filed within forty-five (45) days of the alleged act of discrimination.

(l) "Military Department" means the Wyoming Military Department.

Section 3. EEO Counselor and EEO Investigator.

(a) The Division will provide a currently trained EEO Counselor upon request from the Military Department after the Military Department or the Division receive an Informal Complaint from a federal employee of the Military Department. The Division's EEO Counselor will complete all tasks required under EEOC guidance and specifically EEOC MD-110. The EEO Counselor is a neutral participant in this process and is not an advocate for either side. The EEO Counselor shall meet with the Complainant, inquire into the facts and circumstances, and attempt to find a satisfactory resolution for both parties. If the Informal EEO Complaint is not resolved, the EEO Counselor shall provide a Notice of Right to File to the Complainant with their appeal rights completing the Informal EEO Complaint process in accordance with EEOC guidance.

(b) The Division will provide a currently trained EEO Investigator upon request from the Military Department. The Military Department will request an EEO Investigator after it has accepted any allegations contained in a timely filed Formal Complaint from a federal employee of the Military Department. The EEO Investigator shall not be the same individual that acted as an EEO Counselor to any given Complainant. After the EEO Investigator completes the investigation in accordance with EEOC guidance and their submitted report is accepted as complete by the Military Department, the role of the involved Division employees will be complete unless called to provide any testimony later concerning their work on the complaint.

Section 4. Incorporation by Reference.

(a) The Division has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(b) Any code, standard, rule or regulation incorporated by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (d) of this section;

(c) The incorporated code, standard, rule or regulation is maintained at the Division's office (5221 Yellowstone Road, Cheyenne, WY 82002) and is available for public inspection and copying at a cost at the same location;

(d) Each rule incorporated by reference is further identified as follows:

(i) 29 C.F.R. §§ 1614.101 - 1614.707 (2022) as it was effective April 1, 2022 and adopted by the Division, available at: https://dws.wyo.gov/wp-content/uploads/2023/03/29-CFR-1614.101-107.pdf

(ii) Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO-MD-110), as adopted by the U.S. Equal Employment Opportunity Commission and effective on August 5, 2015, found at: https://dws.wyo.gov/wp-content/uploads/2023/03/29-C.F.R.-PART-1614-EEO-MD-110_As-Revised_August-5_2015.pdf

History

Effective 2022-12-08

299 Mining Council

Chapter 1 Examinations for Certificates

Wyo. Code R. 053.0005.1.09232004 Examinations for Certificates

RULES AND REGULATIONS

STATE MINING COUNCIL

CHAPTER 1

RULES FOR EXAMINATION FOR CERTIFICATES

Section 1. Authority: These rules of the State Mining Council are promulgated as written pursuant to W.S. § 30-2-301(b) and W.S. § 30-2-309(e)

Section 2. Definitions:

(a) Mining the mineral: Shall mean the extraction of the mineral, the removal of overburden or the removal of waste rock in an underground mine.

(b) Practical work of a hands-on nature: Shall mean work that directly contributes to the extraction of the mineral, the removal of overburden or the removal of waste rock in an underground mine.

(c) Directly related to the hazards involved in the type of mine: Shall mean actual work performed at or near the point of extraction of the mineral, the removal of overburden or the removal of waste rock in an underground mine.

(d) Type of mine: shall mean a surface or underground mine.

(e) Industry similar in nature to mining shall mean: an industry whose required skills are applicable and readily transferable to the mining industry with a minimal amount of retraining. Such industries include but, are not limited to, industrial electricians, industrial mechanics, heavy equipment operators and surveyors.

Section 3. Types Of Certifications:

(a) For the purpose of awarding mine examiner and mine foreman certificates by examination pursuant to W.S. §§ 30-2-306 through W.S. § 30-2-312, the State Mining Council shall classify applicants according to their experience in the following types of mines:

(i) Surface Mines

(A) Coal

(B) Metal or Non-Metal

(ii) Underground Mines

(A) Coal

(B) Metal or Non-Metal

(I) Gassy

(II) Non-Gassy

(III) Uranium

(b) Experience shall be determined from practical work of a hands-on nature that is directly related to the hazards involved in the type of mine for which certification is requested.

(c) No person shall direct the activities of persons working underground unless he or she holds a valid Mine Foreman Certification.

Section 4. Experience Credit:

(a) An applicant for the surface mine foreman certification may be granted three (3) years experience credit for not less than three (3) years experience in another type of surface mine other than the one the applicant is applying for, providing the experience at that mine consists of practical work of a hands-on nature directly related to the hazards involved in surface mining. An Applicant who is denied experience credit under Section 4(a) may apply for experience credit under Section 4(c).

(b) An applicant may be granted one (1) years experience credit, towards the underground coal mine foreman or underground coal mine examiner certification, for not less than five (5) years experience in an underground gassy metal nonmetal mine, providing that experience consists of practical work of a hands-on nature directly related to the hazards involved in an underground metal nonmetal mine.

(c) An applicant who has worked in one type of mine for not less than ten (10) years and is applying for the mine foreman or mine examiner certification for another type of mine (i.e., surface mine to surface mine, underground mine to underground mine, surface mine to underground mine and underground mine to surface mine) may be granted one (1) years experience credit towards taking the mine foreman or mine examiner certification examination providing the applicant's work experience consisted of work of a hands-on nature directly related to the hazards involved in the type of mine in which the applicant worked.

(d) An applicant who is applying for the mine foreman or mine examiner certification may be granted one (1) year experience credit, towards taking the mine foreman or mine examiner certification examination, for not less than ten (10) years experience in an industry similar in nature to mining providing that experience is of a hands-on nature directly related to hazards similar in nature to the type of mine for which the applicant is applying.

(e) An applicant for either the mine foreman or mine examiner certification shall be given one (1) years experience credit towards taking the mine foreman or mine examiner certification examination for a degree in mining engineering from an accredited college or university.

The applicant must provide the State Mining Council with an official copy of the applicant's transcripts or other document(s) that clearly show that the applicant was awarded the mining engineering degree. The transcript or other document(s) must be mailed directly to the State Mining Council from the accredited college or university.

(f) An applicant for either the mine foreman or mine examiner certification may be granted one (1) years experience credit towards taking the mine foreman or mine examiner certification examination for a degree from an accredited college or university in the following degrees, if they are related to mining:

i) Civil Engineering

ii) Mechanical Engineering

iii) Electrical Engineering

iv) Environmental Engineering

v) Safety Engineering

vi) Geological Engineering

The State Mining Council may consider other degrees that are related to mining.

The applicant must provide the State Mining Council with an official copy of the applicant's transcripts or other document(s) that clearly show that the applicant was awarded the degree for which the applicant is seeking experience credit. The transcript or other documents must be mailed directly to the State Mining Council from the accredited college or university.

(g) The State Mining Council shall review and either approve or disapprove all applications for the mine foreman or mine examiner certification examination that involve experience credit, including temporary permit applications, at their next regularly scheduled meeting.

Section 5. Examination Policies:

(a) Application fees are non-refundable after applications for examination are accepted by the State Mining Council.

(b) Examination fees shall be determined by the State Mining Council each year, by dividing the cost of the prior year's examinations by the number of exam applications accepted for the prior year's examination.

(d) Applicants must meet all qualification requirements by April 1 of the examination year. The State Inspector of Mines will review applications to verify experience. Any that he has a concern with will be brought before the State Mining Council for review and final determination of eligibility. The State Mining Council shall vote to accept all applicants that meet the qualification criteria.

(e) The dates, places and times of each exam shall be published in the newspaper nearest to the location where the exams are to be held and by posting the published notice at all mines where applicants are employed.

(f) The hours of examination shall be from 8:00 a.m. until 4:00 p.m.

on each day stated in the published notices. Hours of testing will be posted at each testing site.

(g) The State Inspector of Mines shall prepare all examination packets for each qualified applicant from subject matter provided by the State Mining Council.

(h) Examination materials shall be safeguarded against disclosure to unauthorized personnel. Examinations shall remain in the custody of the State Inspector of Mines or members of the State Mining Council.

(i) The State Mining Council will periodically review examinations to assure current and applicable subject matter.

(j) The test packets will be marked with the applicants assigned identification number and the last four digits of the applicant's Social Security Number.

The State Inspector of Mines shall assign the identification numbers.

(k) A cover sheet, or sheets, for all examinations will be provided that will give a written description of how the test scoring is weighted, procedures governing conduct and examination rules. The examinee is required to sign, affix the designated test number and date this sheet. This sheet shall be turned in separately from the examination packet when the testing is completed. This sheet will also list the complete contents of the testing packet and the examinee will be required to acknowledge receipt of the contents.

Section 6. Grading Procedures:

(a) A total weighted average score will be used to determine the final grade.

(b) Examinations will be graded by a member of the State Mining Council using an answer key established for that purpose. Any updated testing materials will have a corresponding updated answer key.

(c) In the event that a failing grade occurs, the examination will be independently graded by a second State Mining Council member. Should the second grading result in a passing grade, a third State Mining Council member will grade the examination. The majority grade shall be assigned to the examination.

(d) If identification of the examinee has not been adequately protected by the safeguards described above in Section 5 no examination will be graded by a State Mining Council member from the same mine.

(e) Each examinee shall be notified of examination results when all grading is completed. Those failing the examination will be so advised by certified mail.

Section 7. Examination Results Review Procedures:

(a) An Applicant, after receipt of the grades notification letter, may review his/her examination papers, in person, at the office of the State Inspector of Mines in Rock Springs, Wyoming, during normal business hours.

(b) An Applicant who has received a failing grade may have his/her examination results reviewed by the State Mining Council Review Committee. The Review Committee shall consist of three members of the State Mining Council.

(c) To have examination results reviewed, Applicant must file a written request for review with the State Inspector of Mines' office.

(d) The review request must be either postmarked or delivered no later than thirty (30) days from the date of the grades notification letter.

(e) The written review request must specifically identify the examination questions that Applicant wishes to be reviewed. Only those exam questions specifically listed in the review request letter will be reviewed.

(f) The State Inspector of Mines shall notify the Applicant by certified mail of the date, place and time of their review meeting.

(g) Only the Applicant shall be permitted to attend the review meeting.

(h) The review meeting will be tape-recorded and the tape will become part of the review record.

(i) The State Inspector of Mines shall notify each person by certified mail of the date, place and time of their appeal review.

(j) The appeal review shall take place within 120 days of the date that the appeal request is received by the State Inspector of Mines.

(k) The Review Committee shall make its determination and advise the Applicant of its determination at the close of the Applicant's review meeting.

Applicant shall be formally advised of the Review Committee's determination by mail.

(l) An Applicant's examination results shall be deemed final and the review and appeal process closed if the Applicant fails to file a timely written review request.

Section 8. Appeals Procedure:

(a) An Applicant who receives an adverse decision from the Review Committee shall have the right to appeal that decision to the State Mining Council.

(b) To appeal the adverse decision of the Review Committee an Applicant must file a written notice of appeal with the State Inspector of Mines office.

(c) The notice of appeal must be either postmarked or hand-delivered no later than thirty (30) days from the date of the review determination letter.

(d) Applicant may submit, with the notice of appeal, a written statement supporting Applicant's position and answers.

(e) The Council will examine the review record; consider Applicant's statement and review the Review Committee's decision and make a determination at its next regularly scheduled quarterly meeting following the receipt of the notice of appeal by the State Inspector of Mines.

(f) The State Mining Council shall notify Applicant of its determination by mail.

(g) The decision of the State Mining Council shall be the final action of the agency.

(h) An Applicant's examination results shall be deemed final and the review and appeal process closed if the Applicant fails to file a timely written Notice of Appeal.

(i) Except as provided in the above procedures, there shall be no other administrative appeals available to the Applicants who have failed to obtain a passing grade.

Section 9. Study Guide:

(a) The State Mining Council will review and approve a study guide that provides guidance to those wishing to take the examinations.

(b) The office of the State Inspector of Mines will package the study guides and provide them when requested. Study guides will be provided to requesting applicants at cost.

(c) The study guide shall provide material that will include general mining practices in the type of mine and mineral involved, including but not limited to, ventilation, health and safety, rescue and recovery work involved following mine disasters, detection and control of gasses, fires and explosions, prevention and controls of same, blasting procedures, electricity, mine equipment, and State and Federal mining laws.

(d) As provided for in W.S. § 30-2-309 (e)(i) the State Mining Council shall accept after review a study guide prepared by industry.

(e) The State Mining Council will review the study guides for adequacy at regular intervals.

Section 10. Temporary Certification:

(a) A person may apply for a temporary permit as provided for in W.S. § 30-2-310.

(b) The applicant must fill out an application and pay the fee to take the next scheduled examination for mine foreman or mine examiner before he/she will be considered for temporary permit.

(c) After receiving the application for examination, the application for the temporary permit and the fee the State Mining Council shall review the applications.

If the applicant meets all of the requirements to take the certification examination(s) the Council may approve the application for a temporary permit.

(d) Once the application and fee are accepted by the State Mining Council the fee shall be non-refundable.

(e) Upon the Council's approval of the temporary permit application, the State Inspector of Mines shall issue the temporary permit.

(f) The temporary permit may be utilized only in the mineral and type of mine where the applicant requested the temporary permit.

Section 11. Revocation of Certification:

(a) Revocation of a certificate shall be done in accordance with W.S. § 30-2-311 and the Council's Rules of Practice and Procedure for Certificate Suspension and Revocation Hearings.

History

Effective 2004-09-23

Chapter 2 Certification Suspension and Revocation Hearings

Wyo. Code R. 053.0005.2.08292003 Certification Suspension and Revocation Hearings

CHAPTER II

RULES OF PRACTICE AND PROCEDURE

FOR CERTIFICATION SUSPENSION AND REVOCATION HEARINGS

Section 1. Authority.

These rules are promulgated pursuant to authority granted by W.S. § 30-2-301(b) and the Wyoming Administrative Procedures Act (W.S. § 16-3-101 through W.S. § 16-3- 115)

Section 2. Purpose.

These rules have been adopted to provide a uniform and understandable process for receiving complaints and conducting fair hearings regarding possible revocation of certificates issued by the State Mining Council or temporary permits issued by the State Mine Inspector.

Section 3. Definitions.

The following definitions of terms used in this chapter shall apply.

(a) "Act" Shall mean W.S. § 30-2-101 through W.S. § 30-3-509.

(b) "Complainant" Shall mean any individual who files a complaint alleging a violation listed in W.S. § 30-2-311(a).

(c) "Rules and Regulations" Shall mean the State Mine Inspector's Shot-firer Certification Rules, the General Mine Safety Rules, the Qualified Person Certification Rules and the Rules of Practice and Procedure for Certification Suspension And Revocation Hearings.

Section 4. Complaint Procedures.

(a) Proceedings under these rules shall commence when a signed written complaint is filed, by the Complainant, with the State Mine Inspector.

(b) The Complainant must allege, based on actual firsthand knowledge, that a certificate holder:

(i) has violated a provision of the Act;

(ii) has violated rules and regulations promulgated under the Act;

(iii) was intoxicated while in duty status;

(iv) is suffering from mental disabilities or;

(v) has neglected his/her duties.

(d) A complaint is deemed filed with the State Mine Inspector when the complaint is received at the State Mine Inspector's office and is date stamped. The State Mine Inspector's mailing address is P.O. Box 1094, Rock Springs, WY 82902.

(e) A complaint must contain, but is not limited to, the following:

(i) The name, current address and phone number (if any) of the Complainant.

(ii) The alleged violation of W.S. § 30-2-311(a).

(iii) The exact dates and approximate time of the violation.

(iv) The name of the mine and the exact location in the mine where the alleged violation took place.

(v) The name of the company that owns the mine where the alleged violation took place.

(vi) Details of the alleged violation.

(vii) Names of potential witnesses to the alleged violation.

(viii) The complaint must contain the following statement: "I verify that the information contained in this complaint is true and accurate."

(ix) Signature of the Complainant.

(f) The complainant must notify the State Mine Inspector, in writing, of any change in the Complainant's address or telephone number. The Complainant must notify the State Mine Inspector within fifteen (15) calendar days of the change.

(g) The complaint and its contents are not confidential. The State Mine Inspector may discuss the contents of the complaint with, and distribute copies of the complaint to, individuals being interviewed in the course of the investigation.

Section 5. Notices.

(a) Upon Receipt of a complaint, the State Mine Inspector shall date stamp the complaint with the date that the complaint was received.

(b) Within five (5) working days after receiving and date stamping the complaint, the State Mine Inspector shall deliver, by certified mail, copies of the complaint to each member of the Decertification Complaint Review Committee.

(c) Within five (5) working days after the receipt of the copy of the complaint the Decertification Complaint Review Committee shall meet either in person or by telephone conference call to:

(i) Review the complaint to determine:

A. Whether the complaint contains the required contents listed in Section 4.d.

B. Whether the complaint was filed within thirty (30) calendar days of the alleged violation;

(ii) Initiate the State Mine Inspector's investigation of the complaint if the Decertification Complaint Review Committee determines that the complaint has been timely filed and contains the required contents.

(iii) Upon receipt of the copy of the complaint the Decertification Complaint Review Committee shall notify the certificate holder, by certified mail, that a complaint has been filed against him/her. A copy of the complaint shall accompany the notification. The Decertification Complaint Review Committee shall also inform the certificate holder that the complaint is under review and that the certificate holder will be notified whether an investigation will be held.

(d) If the complaint does not contain all of the required criteria listed in Section 4.d., or the complaint was not filed within thirty (30) calendar days of the alleged violation, the Decertification Complaint Review Committee may dismiss the complaint without considering the merits of the complaint.

(e) Where the Decertification Complaint Review Committee has dismissed a complaint for failure to include the criteria listed in Section 4. d., the Complainant may refile a modified complaint. The modified complaint shall be subject to the procedures set forth in Sections 4 and 5 of these rules. The modified complaint must be filed within the original thirty (30) calendar days of the alleged violation.

Section 6. Investigation.

(a) Within ten (10) working days of notification from the Decertification Complaint Review Committee to investigate the complaint, the State Mine Inspector shall begin the investigation.

(b) The State Mine Inspector shall record verbatim, stenographically or by electronic means, all interviews of the Complainant, the certificate holder, all potential witnesses and any person who may possibly have any information relevant to the investigation.

(c) Upon completion of the investigation the State Mine Inspector shall submit a report of his investigation findings to the Decertification Complaint Review Committee. The report shall be in writing and include a transcript of all recorded interviews and copies of all evidence gathered during the investigation.

(d) In addition to his written report, the Decertification Complaint Review Committee may require the State Mine Inspector to give an oral summary of his investigation findings.

(e) All information and documents gathered by the State Mine Inspector during the course of the investigation shall remain confidential until the State Mining Council's final agency decision has been issued.

Section 7. Decertification Complaint Review Committee Members.

(a) The Decertification Complaint Review Committee shall consist of three (3) members of the State Mining Council, whom shall be appointed by the President of the State Mining Council.

(b) Each member of the Decertification Complaint Review Committee shall serve a term of one (1) calendar year.

(c) Where a member of the Decertification Complaint Review Committee resigns from either the State Mining Council or the Decertification Complaint Review Committee, the President of the State Mining Council shall appoint a different member of the State Mining Council to complete the remaining term of the departing member.

(d) Where a member of the Decertification Complaint Review Committee has conflict of interest or a possible conflict of interest with regards to a particular complaint, the President of the State Mining Council shall temporarily appoint a different member of the State Mining Council to the Decertification Complaint Review Committee, to review that particular complaint. The member who has been replaced on the Decertification Complaint Review Committee shall not participate in the State Mining Council's final agency decision for that particular complaint.

Section 8. Decertification Complaint Review Committee Review and Decision.

(a) Any meeting held by the Decertification Complaint Review Committee to review a decertification complaint under these rules shall be an executive session and not open to the public.

(b) The Decertification Complaint Review Committee members shall not discuss any decertification complaint matter with the remaining members of the State Mining Council.

(c) After a review of the investigation report and all accompanying evidence, the Decertification Complaint Review Committee, in consultation with legal council, may:

(i) Order additional investigation by the State Mine Inspector;

(ii) Dismiss the complaint: or

(iii) Send the complaint to a hearing.

Section 9. Additional Investigation.

(a) Upon a finding that additional information is needed the Decertification Complaint Review Committee shall instruct the State Mine Inspector, in writing, to investigate the complaint further.

(b) Upon completion of the additional investigation, the State Mine Inspector shall submit his additional findings, in writing, to the Decertification Complaint Review Committee.

(i) Order additional investigation by the State Mine Inspector;

(ii) Dismiss the complaint: or

(iii) Send the complaint to a hearing.

Section 10. Dismissal of the Complaint.

(a) Where, after a review of the evidence, the Decertification Complaint Review Committee determines that the evidence was insufficient and/or the violation was not serious enough in nature to warrant revoking the certificate holder's certificate, the Decertification Complaint Review Committee may dismiss the complaint.

(b) The Decertification Complaint Review Committee shall notify the Complainant and the certificate holder, by certified mail, of the decision to dismiss the complaint. The Decertification Complaint Review Committee's decision letter shall contain a findings of facts and a conclusion of law separately stated and supported by concise and explicit statements.

(c) The Decertification Complaint Review Committee's decision to dismiss the complaint shall constitute the State Mining Council's final agency decision on the matter.

(d) Pursuant to W.S. § 16-3-114 the Decertification Complaint Review Committee's decision to dismiss the complaint may be appealed to the District Court.

Section 11. Fair Hearing.

(a) If the Decertification Complaint Review Committee, in consultation with legal council, decides that the complaint and evidence warrants a hearing, the complaint shall be submitted to the Office of Administrative Hearings for a fair hearing under the Administrative Procedure Act W.S. § 16-3-101 through W.S. § 16-3-115.

(b) The Decertification Complaint Review Committee shall notify all parties, by certified mail, that the complaint has been submitted to the Office of Administrative Hearings for a fair hearing and a recommended decision.

(d) The hearing officer's recommended decision shall include the hearing officer's determination of whether the certificate should be revoked, a statement of supporting facts and a conclusion of law.

Section 12. State Mining Council's Final Agency Decision.

(a) Upon receipt of the hearing officer's recommended decision, the State Mining Council, excluding the Decertification Complaint Review Committee members, shall at the next regularly scheduled State Mining Council's meeting, review the recommended decision and make a decision. The State Mining Council decision may:

(i) Accept the hearing officer's recommended decision;

(ii) Modify the hearing officer's recommended decision; or

(iii) Reject the hearing officer's recommended decision in total.

(b) Any meeting held by the State Mining Council to review the hearing officer's recommended decision and make a final agency decision shall be an executive session and not be open to the public.

(c) Where the State Mining Council has made a final agency decision to revoke a certificate, the State Mining Council, after a review of the record, shall determine the length of time that the certificate shall be revoked.

(d) Where a certificate has been revoked for a period of less than ninety (90) days, the State Mining Council shall automatically reissue the certificate to the former certificate holder as soon as possible after the expiration of the revocation period. The certificate holder shall not be required to retake the certificate examination for that specific certificate.

(e) Where a certificate has been revoked for a period of ninety (90) days or more, the former certificate holder shall be required to reapply, retake and pass the certificate examination for the certificate that has been revoked.

(f) Upon expiration of the revocation period, the former certificate holder may apply to retake the certificate examination. The application shall be mailed to the State Mine Inspector at P.O. Box 1094, Rock Springs, Wyoming 82902.

(g) The State Mining Council shall administer the examination in accordance with W.S. § 30-2-307 and the State Mining Council's Regulations, Chapter 1, Rules For Examination for Certificates.

(h) The State Mining Council shall administer the examination to the former certificate holder as soon as possible and at a date and time agreeable to both the State Mining Council and the former certificate holder.

(i) The State Mining Council shall notify all parties of its decision by certified mail.

(j) The State Mining Council's decision shall constitute the final agency action in this matter.

(k) The State Mining Council members shall not discuss the hearing officer's recommended decision or the State Mining Council's final agency decision with the Decertification Complaint Review Committee members until such time as the final agency decision has been issued and served upon all parties.

(l) Pursuant to W.S. § 16-3-114 the State Mining Council's final agency decision may be appealed to the District Court.

(m) Where a member of the State Mining Council has a conflict of interest or a possible conflict of interest with regards to a particular complaint, that State Mining Council member shall not participate in the State Mining Council's final agency decision for that particular complaint.

(n) Where a member of the State Mining Council has a conflict of interest or a possible conflict of interest with regards to a particular complaint, that State Mining Council member shall not participate in the State Mining Council's final agency decision for that particular complaint.

History

Effective 2003-08-29

Chapter 3 Variances to the Presence of Certified Mine Foreman Underground

Wyo. Code R. 053.0005.3.11092005 Variances to the Presence of Certified Mine Foreman Underground

RULES AND REGULATIONS

STATE MINING COUNCIL

CHAPTER III

VARIANCES TO THE PRESENCE OF CERTIFIED MINE FOREMAN UNDERGROUND

Section 1. Authority:

These rules of the State Mining Council are promulgated as written pursuant to W.S. § 30-2-301 (b).

Section 2. Requests for Variance:

(a) Any company operating an underground mine may request in writing a variance from the State Mining Council authorizing an exception to the statutory requirement of W.S. § 30-2-308 which requires a certified underground mine foreman to remain underground when a person is present underground.

(b) A company operating more than one underground mine is required to submit a separate variance request for each mine for which the company wants a variance.

(c) The company requesting a variance shall post a copy of its variance request on bulletin boards, referred to in W.S. § 30-2-209 (b) (iii), at the mine where the variance would apply. The copy of the variance request must be posted on the bulletin boards on or before the date that the variance request is submitted to the State Mining Council.

Section 3. Contents of Variance Request:

The following information must be included in each written variance request:

(a) Name of company requesting the variance;

(b) Name of the mine for which the variance is requested;

(d) Name and phone number of the company's contact person;

(e) Name and phone number of the mine's contact person;

(f) Specific reasons why the variance is necessary and should be granted; and

(g) Length of time the company wants the variance to be effective.

Section 4. Procedures for Submitting Variance Requests:

Variance requests may be delivered in person to the State Mine Inspector or mailed to the State Mine Inspector's main office in Rock Springs, Wyoming.

Section 5. Notice of receipt of Variance Request:

Upon receipt of the variance request, the State Mining Council shall notify the company and mine's contact persons in writing by certified mail of the following:

(a) Receipt of the variance request;

(b) The variance request will be placed on the agenda of the next regularly scheduled State Mining Council meeting;

(d) Time of next regularly scheduled State Mining Council meeting; and

(e) Location of next regularly scheduled State Mining Council meeting.

Section 6. State Mining Council Action on Variance Request:

The next regularly scheduled State Mining Council meeting after a variance request is submitted, the State Mining Council shall:

(a) Review and read aloud the variance request;

(b) Take comments from the company requesting the variance;

(d) Read into the record all written comments received prior to the State Mining Council meeting;

(e) Discuss the merits of the variance request;

(f) Take a public vote, by a show of hands, on whether or not to grant the requested variance;

(g) Where the variance is granted, set a time period for which the variance is effective;

(h) Impose any conditions upon the variance that the State Mining Council deems necessary;

(i) Record the variance request proceedings of the State Mining Council meeting; and

(j) The decision of the State Mining Council regarding the variance request shall constitute a final agency action.

Section 7. Notice of State Mining Council's Decision

(a) The State Mining Council shall notify the following in writing by certified mail of the State Mining Council's decision on the variance request:

(i) The company requesting the variance;

(ii) The mine where the variance would apply;

(iii) Any person or party who commented in person at the State Mining Council meeting; and

(iv) Any person or party who commented in writing.

(b) The company requesting the variance shall post a copy of the State Mining Council's decision letter on bulletin boards which are referred to in W.S. § 30-2-209 (b) (iii) . Copies of the State Mining Council's decision letter shall be posted on the day that the company, or mine, receives the State Mining Council's decision letter. If the variance request has not been granted by the State Mining Council, the State Mining Council decision letter shall remain posted for thirty calendar days. If the variance was granted, the State Mining Council's decision letter shall remain posted until the expiration or termination of the variance.

History

Effective 2005-11-09

298 Mining Inspector

Chapter 1 Shotfirer Certification

Wyo. Code R. 053.0004.1.06262000 Shotfirer Certification

CHAPTER I

SHOT-FIRER CERTIFICATION RULES

Section 1. Authority:

The State Mine Inspector, pursuant to W.S.§30-2-205(a), is authorized to promulgate rules and regulations governing the certification and supervision of Wyoming mine shot-firers.

Section 2. Definitions

(a) Hands-on Experience: Shall mean practical work experience involving the loading of holes, the charging of holes, the tamping of holes, the tying in of shots, the proper handling of explosives, the proper transportation of explosives and the firing of shots.

(b) Mine Engineering Experience: shall mean a four (4) year degree in mine engineering from an accredited engineering school and has two (2) years of actual engineering experience in the areas of shot-design and shot-planning.

(d) Direct Supervision: shall mean supervision by any Wyoming certified shot-firer who is physically present at the blasting or shot-firing site and who has been notified that he is the shot-firer in charge of that blasting or shot-firing operations at that blasting or shot-firing site.

Section 3. Certificate Required

(a) No individual shall perform any act specifically authorized for a shot-firer nor function as a shot-firer unless that individual either holds a current shot-firer certification issued by the Wyoming State Mine Inspector or is under the direct supervision of a Wyoming certified shot- firer.

(b) The State Mine Inspector shall certify any blaster or shot-firer who has successfully complete the Department of Environmental Quality, Land Quality Division's Blaster Training Program.

Section 4. Examination Requirement

(a) An applicant for shot-firer's certification must have successfully completed an examination, which covers but is not limited to the safe storage, transportation, and use of any and all types of explosives used in the type of mining operation for which the applicant seeks certification, before the applicant can be certified as a shot-firer in that particular type of mining operation.

Section 5. Application for Shot-Firer's Certification

(a) An applicant for a shot-firer's certificate must file an application with the State Mine Inspector. Applicant shall furnish all information called for by the application form and such other and supplemental information as shall be requested by the State Mine Inspector.

(b) An applicant may submit an application for a shot-firer's certification at anytime.

(c) An applicant must file a separate application for each type of mining certification that applicant wishes to be tested on.

(d) An applicant may withdraw his/her application for a shot-firer's certification by written request to the State Mine Inspector. An application withdrawn in this manner shall be considered withdrawn without prejudice.

Section 6. Experience Requirement

(a) To take the shot-firer's certification examination for a particular type of mining operation, an applicant is required to have, at a minimum, two (2) years of hands-on experience in that type of mining operation.

(b) The State Mine Inspector shall give an applicant one (1) year experience credit for two (2) years mine engineering experience related to shot-design and shot-planning. An applicant may receive a maximum of one (1) year experience credit for applicant's mine engineering experience.

(c) An applicant must submit, to the State Mine Inspector, verifiable documentation of either applicant's practical, hands-on experience or applicant's hands-on and mine engineering experience.

Section 7. Types of Certifications

(a) The following is a list of the types of mining operations in which a qualified applicant can obtain one or more certifications:

(i) Surface Mine: Metal/Non-Metal

(ii) Underground Mine: Coal

(iii) Underground Mine: Metal/Non-Metal Gassy

(iv) Underground Mine: Metal/Non-Metal Non-Gassy

(v) Surface Mine: Coal

(b) An applicant must take and successfully pass a separate examination for each type of mining operation that applicant wishes to be certified in.

(c) Applicants for the surface mine-coal certification must successfully complete the Department of Environmental Quality, Land Quality Division's Blaster Training, Examination and Certification Program.

Section 8. Examination

(a) An applicant must meet all of the requirements set forth in W.S. 30-2-501 before taking the shot-firer's certification examination.

(b) The shot-firer examination shall be administered to the qualified applicants by the State Mine Inspector or his deputies. The examination shall be administered at the convenience of the State Mine Inspector.

(c) The certification examination shall consist of two parts: The written part, consisting of written questions; and the oral part, consisting of oral questions and practical demonstrations.

Both the written and the oral parts shall cover but are not limited to the safe storage, transportation and use of any or all types of explosives used in the type of mining operation for which the applicant seeks certification.

(d) Both the written and the oral parts of the examination shall be graded using answer keys designed for that purpose.

(e) A minimum of 75% (seventy-five percent) correct answers on the written part and a minimum of 75% (seventy-five percent) correct answers on the oral part of the examination shall be considered a passing grade on the entire examination.

(f) The examinations and answer keys are the property of and shall remain in the possession of the State Mine Inspector.

Section 9. Notification of Results

(a) An applicant shall be notified, through the U.S. Mail, of the his/her examination results within thirty (30) days of applicant's examination date.

Section 10. Reexamination

(a) An applicant who has failed the certification examination for a particular type of mine operation must wait six (6) months, from the date of the examination, to retake the examination for that same type of mine operation.

(b) An applicant who has failed the shot-firer's certification examination for a particular type of mining operation shall be required to reapply before being permitted to retake the examination for that same type of mining operation.

(c) An applicant, who has failed the examination and applies to retake the examination, shall be required to retake both the written and oral parts of the examination.

Section 11. Appeals

(a) An applicant is not allowed to appeal, to the State Mine Inspector, the examination or any part of the examination which the applicant has failed.

(b) Notification to the applicant of an examination failure shall constitute a final agency decision.

History

Effective 2000-06-26

Chapter 2 Surface Metal/Non Metal Mines

Wyo. Code R. 053.0004.2.10151996 Surface Metal/Non Metal Mines

CHAPTER TWO:

GENERAL MINE SAFETY RULES FOR SURFACE METAL AND NONMETAL MINES

Subpart A—General

Sec.

56.1 Purpose and scope.

56.2 Definitions.

PROCEDURES

56.1000 Notification of commencement of operations and closing of mines.

Subpart B—Ground Control

56.3000 Definitions.

MINING METHODS

56.3130 Wall, bank, and slope stability.

56.3131 Pit or quarry wall perimeter.

Scaling and Support.

56.3200 Correction of hazardous conditions.

56.3201 Location for performing scaling.

56.3202 Scaling tools.

56.3203 Rock fixtures.

Precautions

56.3400 Secondary breakage.

56.3401 Examination of ground conditions.

56.3430 Activity between machinery or equipment and the

highwall or bank.

Subpart C—Fire Prevention and Control

56.4000 Definitions.

56.4011 Abandoned electric circuits.

PROHIBITIONS/PRECAUTIONS/HOUSEKEEPING

56.4100 Smoking and use of open flames.

56.4101 Warning signs.

56.4102 Spillage and leakage.

56.4103 Fueling internal combustion engines.

56.4104 Combustible waste.

56.4130 Electric substations and liquid storage facilities.

FIREFIGHTING EQUIPMENT

56.4200 General requirements.

56.4201 Inspection.

56.4202 Fire hydrants.

56.4203 Extinguisher recharging or replacement.

56.4230 Self-propelled equipment.

Firefighting Procedures/Alarms/Drills 56.4330 Firefighting, evacuation, and rescue procedures.

56.4331 Firefighting drills.

FLAMMABLE AND COMBUSTIBLE LIQUIDS AND GASES

56.4400 Use restrictions.

56.4401 Storage tank foundations.

56.4402 Safety can use.

56.4430 Storage facilities.

INSTALLATION/CONSTRUCTION/MAINTENANCE

56.4500 Heat sources.

56.4501 Fuel lines.

56.4502 Battery-charging stations.

56.4503 Conveyor belt slippage.

56.4530 Exits.

56.4531 Flammable or combustible liquid storage buildings or rooms.

WELDING/CUTTING/COMPRESSED GASES

56.4600 Extinguishing equipment.

56.4601 Oxygen cylinder storage.

56.4602 Gauges and regulators.

56.4603 Closure of valves.

56.4604 Preparation of pipelines or containers.

APPENDIX I TO SUBPART C—NATIONAL CONSENSUS STANDARDS

Subpart D—Air Quality and Physical Agents

AIR QUALITY

56.5001 Exposure limits for airborne contaminants.

56.5002 Exposure monitoring.

56.5005 Control of exposure to airborne contaminants.

56.5006 Restricted use of chemicals.

PHYSICAL AGENTS

56.5050 Exposure limits for noise.

Subpart E—Explosives

56.6000 Definitions.

STORAGE

56.6100 Separation of stored explosive material.

56.6101 Areas around explosive material storage facilities.

56.6102 Explosive material storage practices.

56.6130 Explosive material storage facilities.

56.6131 Location of explosive material storage facilities.

56.6132 Magazine requirements.

56.6133 Powder chests.

TRANSPORTATION

56.6200 Delivery to storage or blast site areas.

56.6201 Separation of transported explosive material.

56.6202 Vehicles.

56.6203 Locomotives.

56.6204 Hoists.

56.6205 Conveying explosives by hand.

USE

56.6300 Control of blasting operations.

56.6301 Blasthole obstruction check.

56.6302 Explosive material protection.

56.6303 Initiation preparation.

56.6304 Primer protection.

56.6305 Unused explosive material.

56.6306 Loading and blasting.

56.6307 Drill stem loading.

56.6308 Initiation systems.

56.6309 Fuel oil requirements for ANFO.

56.6310 Misfire waiting period.

56.6311 Handling of misfires.

56.6312 Secondary blasting.

56.6313 Blast site security.

ELECTRIC BLASTING

56.6400 Compatibility of electric detonators.

56.6401 Shunting.

56.6402 Deenergized circuits near detonators.

56.6403 Branch circuits.

56.6404 Separation of blasting circuits from power source.

56.6405 Firing devices.

56.6406 Duration of current flow.

56.6407 Circuit testing.

NONELECTRIC BLASTING

56.6500 Damaged initiating material.

56.6501 Nonelectric initiation systems.

56.6502 Safety fuse.

EXTRANEOUS ELECTRICITY

56.6600 Loading practices.

56.6601 Grounding.

56.6602 Static electricity dissipation during loading.

56.6603 Air gap.

56.6604 Precautions during storms.

56.6605 Isolation of blasting circuits.

EQUIPMENT/TOOLS

56.6700 Nonsparking tools.

56.6701 Tamping and loading pole requirements.

MAINTENANCE

56.6800 Storage facilities.

56.6801 Vehicle repair.

56.6802 Bulk delivery vehicles.

56.6803 Blasting lines.

GENERAL REQUIREMENTS

56.6900 Damaged or deteriorated explosive material.

56.6901 Black powder.

56.6902 Excessive temperatures.

56.6903 Burning explosive material.

56.6904 Smoking and open flames.

Subpart F—Drilling and Rotary Jet Piercing

DRILLING

56.7002 Equipment defects.

56.7003 Drill area inspection.

56.7004 Drill mast.

56.7005 Augers and drill stems.

56.7008 Moving the drill.

56.7009 Drill helpers.

56.7010 Power failures.

56.7011 Straightening crossed cables.

56.7012 Tending drills in operation.

56.7013 Covering or guarding drill holes.

56.7018 Hand clearance.

56.7050 Tool and drill steel racks.

56.7051 Loose objects on the mast or drill platform.

56.7052 Drilling positions.

56.7053 Moving hand-held drills.

56.7055 Intersecting holes.

56.7056 Collaring in bootlegs.

Rotary Jet Piercing

56.7801 Jet drills.

56.7802 Oxygen hose lines.

56.7803 Lighting the burner.

56.7804 Refueling.

56.7805 Smoking and open flames.

56.7806 Oxygen intake coupling.

56.7807 Flushing the combustion chamber.

Subpart G—[Reserved]

Subpart H—Loading, Hauling, and Dumping

56.9000 Definitions.

TRAFFIC SAFETY

56.9100 Traffic control.

56.9101 Operating speeds and control of equipment.

56.9102 Movement of independently operating rail equipment.

56.9103 Clearance on adjacent tracks.

56.9104 Railroad crossings.

TRANSPORTATION OF PERSONS AND MATERIALS

56.9200 Transporting persons.

56.9201 Loading, hauling, and unloading of equipment or supplies.

56.9202 Loading and hauling large rocks.

SAFETY DEVICES, PROVISIONS, AND PROCEDURES FOR ROADWAYS, RAILROADS, AND LOADING AND DUMPING SITES

56.9300 Berms or guardrails.

56.9301 Dump site restraints.

56.9302 Protection against moving or runaway railroad equipment.

56.9303 Construction of ramps and dumping facilities.

56.9304 Unstable ground.

56.9305 Truck spotters.

56.9306 Warning devices for restricted clearances.

56.9307 Design, installation, and maintenance of railroads.

56.9308 Switch throws.

56.9309 Chute design.

56.9310 Chute hazards.

56.9311 Anchoring stationary sizing devices.

56.9312 Working around drawholes.

56.9313 Roadway maintenance.

56.9314 Trimming stockpile and muckpile faces.

56.9315 Dust control.

56.9316 Notifying the equipment operator.

56.9317 Suspended loads.

56.9318 Getting on or off moving equipment.

56.9319 Going over, under, or between railcars.

56.9330 Clearance for surface equipment.

Subpart I—Aerial Tramways

56.10001 Filling buckets.

56.10002 Inspection and maintenance.

56.10003 Correction of defects.

56.10004 Brakes.

56.10005 Track cable connections.

56.10006 Tower guards.

56.10007 Falling object protection.

56.10008 Riding tramways.

56.10009 Riding loaded buckets.

56.10010 Starting precautions.

Subpart J—Travelways 56.11001 Safe access.

56.11002 Handrails and toeboards.

56.11003 Construction and maintenance of ladders.

56.11004 Portable rigid ladders.

56.11005 Fixed ladder anchorage and toe clearance.

56.11006 Fixed ladder landings.

56.11007 Wooden components of ladders.

56.11008 Restricted clearance.

56.11009 Walkways along conveyors.

56.11010 Stairstep clearance.

56.11011 Use of ladders.

56.11012 Protection for openings around travelways.

56.11013 Conveyor crossovers.

56.11014 Crossing moving conveyors.

56.11016 Snow and ice on walkways and travelways.

56.11017 Inclined fixed ladders.

56.11025 Railed landings, backguards, and other protection for fixed ladders.

56.11026 Protection for inclined fixed ladders.

56.11027 Scaffolds and working platforms.

Subpart K—Electricity

56.12001 Circuit overload protection.

56.12002 Controls and switches.

56.12003 Trailing cable overload protection.

56.12004 Electrical conductors.

56.12005 Protection of power conductors from mobile equipment.

56.12006 Distribution boxes.

56.12007 Junction box connection procedures.

56.12008 Insulation and fittings for power wires and cables.

56.12010 Isolation or insulation of communication conductors.

56.12011 High-potential electrical conductors.

56.12012 Bare signal wires.

56.12013 Splices and repairs of power cables.

56.12014 Handling energized power cables.

56.12016 Work on electrically-powered equipment.

56.12017 Work on power circuits.

56.12018 Identification of power switches.

56.12019 Access to stationary electrical equipment or switchgear.

56.12020 Protection of persons at switchgear.

56.12021 Danger signs.

56.12022 Authorized persons at major electrical installations.

56.12023 Guarding electrical connections and resistor grids.

56.12025 Grounding circuit enclosures.

56.12026 Grounding transformer and switchgear enclosures.

56.12027 Grounding mobile equipment.

56.12028 Testing grounding systems.

56.12030 Correction of dangerous conditions.

56.12032 Inspection and cover plates.

56.12033 Hand-held electric tools.

56.12034 Guarding around lights.

56.12035 Weatherproof lamp sockets.

56.12036 Fuse removal or replacement.

56.12037 Fuses in high-potential circuits.

56.12038 Attachment of trailing cables.

56.12039 Protection of surplus trailing cables.

56.12040 Installation of operating controls.

56.12041 Design of switches and starting boxes.

56.12042 Track bonding.

56.12045 Overhead powerlines.

56.12047 Guy wires.

56.12048 Communication conductors on power poles.

56.12050 Installation of trolley wires.

56.12053 Circuits powered from trolley wires.

56.12065 Short circuit and lightning protection.

56.12066 Guarding trolley wires and bare powerlines.

56.12067 Installation of transformers.

56.12068 Locking transformer enclosures.

56.12069 Lightning protection for telephone wires and ungrounded conductors.

56.12071 Movement or operation of equipment nearhigh-voltage power lines.

Subpart L—Compressed Air and Boilers

56.13001 General requirements for boilers and pressure vessels.

56.13010 Reciprocating-type air compressors.

56.13011 Air receiver tanks.

56.13012 Compressor air intakes.

56.13015 Inspection of compressed-air receivers and other unfired pressure vessels.

56.13017 Compressor discharge pipes.

56.13019 Pressure system repairs.

56.13020 Use of compressed air.

56.13021 High-pressure hose connections.

56.13030 Boilers.

Subpart M—Machinery and Equipment

56.14000 Definitions.

Safety Devices and Maintenance Requirements

56.14100 Safety defects; examination, correction and records.

56.14101 Brakes.

56.14102 Brakes for rail equipment.

56.14103 Operators' stations.

56.14104 Tire repairs.

56.14105 Procedures during repairs or maintenance.

56.14106 Falling object protection.

56.14107 Moving machine parts.

56.14108 Overhead drive belts.

56.14109 Unguarded conveyors with adjacent travelways.

56.14110 Flying or falling materials.

56.14111 Slusher, backlash guards and securing.

56.14112 Construction and maintenance of guards.

56.14113 Inclined conveyors: backstops or brakes.

56.14114 Air valves for pneumatic equipment.

56.14115 Stationary grinding machines.

56.14116 Hand-held power tools.

56.14130 Roll-over protective structures (ROPS) and seat belts.

56.14131 Seat belts for haulage trucks.

56.14132 Horns and back-up alarms.

Safety Practices and Operational Procedures

56.14200 Warnings prior to starting or moving equipment.

56.14201 Conveyor start-up warning.

56.14202 Manual cleaning of conveyor pulleys.

56.14203 Application of belt dressing.

56.14204 Machinery lubrication.

56.14205 Machinery, equipment, and tools.

56.14206 Securing movable parts.

56.14207 Parking procedures for unattended equipment.

56.14208 Warning devices.

56.14209 Safety procedures for towing.

56.14210 Movement of dippers, buckets, loading booms, or suspended loads.

56.14211 Blocking equipment in a raised position.

56.14212 Chains, ropes, and drive belts.

56.14213 Ventilation and shielding for welding.

56.14214 Train warnings.

56.14215 Coupling or uncoupling cars.

56.14216 Backpoling.

56.14217 Securing parked railcars.

56.14218 Movement of equipment on adjacent tracks.

56.14219 Brakeman signals.

APPENDIX I TO SUBPART M—NATIONAL CONSENSUS STANDARDS

Subpart N—Personal Protection 56.15001 First aid materials.

56.15002 Hard hats.

56.15003 Protective footwear.

56.15004 Eye protection.

56.15005 Safety belts and lines.

56.15006 Protective equipment and clothing for hazards and irritants.

56.15007 Protective equipment or clothing for welding, cutting, or working with molten metal.

56.15014 Eye protection when operating grinding wheels.

56.15020 Life jackets and belts.

Subpart O—Materials Storage and Handling

56.16001 Stacking and storage of materials.

56.16002 Bins, hoppers, silos, tanks, and surge piles.

56.16003 Storage of hazardous materials.

56.16004 Containers for hazardous materials.

56.16005 Securing gas cylinders.

56.16006 Protection of gas cylinder valves.

56.16007 Taglines, hitches, and slings.

56.16009 Suspended loads.

56.16010 Dropping materials from overhead.

56.16011 Riding hoisted loads or on the hoist hook.

56.16012 Storage of incompatible substances.

56.16013 Working with molten metal.

56.16014 Operator-carrying overhead cranes.

56.16015 Work or travel on overhead crane bridges.

56.16016 Lift trucks.

Subpart P—Illumination

56.17001 Illumination of surface working areas.

Subpart Q—Safety Programs

56.18002 Examination of working places.

56.18006 New employees.

56.18009 Designation of person in charge.

56.18010 First aid training.

56.18012 Emergency telephone numbers.

56.18013 Emergency communications system.

56.18014 Emergency medical assistance and transportation.

56.18020 Working alone.

Subpart R—Personnel Hoisting

56.19000 Application.

HOISTS

56.19001 Rated capacities.

56.19002 Anchoring.

56.19003 Driving mechanism connections.

56.19004 Brakes.

56.19005 Locking mechanism for clutch.

56.19006 Automatic hoist braking devices.

56.19007 Overtravel and overspeed devices.

56.19008 Friction hoist synchronizing mechanisms.

56.19009 Position indicator.

56.19010 Location of hoist controls.

56.19011 Drum flanges.

56.19012 Grooved drums.

56.19013 Diesel- and other fuel-injection-powered hoists.

56.19014 Friction hoist overtravel protection.

56.19017 Emergency braking for electric hoists.

56.19018 Overtravel by-pass switches.

WIRE ROPES

56.19021 Minimum rope strength.

56.19022 Initial measurement.

56.19023 Examinations.

56.19024 Retirement criteria.

56.19025 Load end attachments.

56.19026 Drum end attachment.

56.19027 End attachment retermination.

56.19028 End attachment replacement.

56.19030 Safety device attachments.

HEADFRAMES AND SHEAVES

56.19035 Headframe design.

56.19036 Headframe height.

56.19037 Fleet angles.

56.19038 Platforms around elevated head sheaves.

CONVEYANCES

56.19045 Metal bonnets.

56.19049 Hoisting persons in buckets.

56.19050 Bucket requirements.

56.19054 Rope guides.

HOISTING PROCEDURES 56.19055 Availability of hoist operator for manual hoists.

56.19056 Availability of hoist operator for automatic hoists.

56.19057 Hoist operator's physical fitness.

56.19058 Experienced hoist operators.

56.19061 Maximum hoisting speeds.

56.19062 Maximum acceleration and deceleration.

56.19063 Persons allowed in hoist room.

56.19065 Lowering conveyances by the brakes.

56.19066 Maximum riders in a conveyance.

56.19067 Trips during shift changes.

56.19068 Orderly conduct in conveyances.

56.19069 Entering and leaving conveyances.

56.19070 Closing cage doors or gates.

56.19071 Riding in skips or buckets.

56.19072 Skips and cages in same compartment.

56.19073 Hoisting during shift changes.

56.19074 Riding the bail, rim, bonnet, or crosshead.

56.19075 Use of open hooks.

56.19076 Maximum speeds for hoisting persons in buckets.

56.19077 Lowering buckets.

56.19078 Hoisting buckets from the shaft bottom.

56.19079 Blocking mine cars.

56.19080 Hoisting tools, timbers, and other materials.

56.19081 Conveyances not in use.

56.19083 Overtravel backout device.

SIGNALING

56.19090 Dual signaling systems.

56.19091 Signaling instructions to hoist operator.

56.19092 Signaling from conveyances.

56.19093 Standard signal code.

56.19094 Posting signal code.

56.19095 Location of signal devices.

56.19096 Familiarity with signal code.

SHAFTS

56.19100 Shaft landing gates.

56.19101 Stopblocks and derail switches.

56.19102 Shaft guides.

56.19103 Dumping facilities and loading pockets.

56.19104 Clearance at shaft stations.

56.19105 Landings with more than one shaft entrance.

56.19106 Shaft sets.

56.19107 Precautions for work in compartment affected by hoisting operation.

56.19108 Posting warning signs during shaft work.

56.19109 Shaft inspection and repair.

56.19110 Overhead protection for shaft deepening work.

56.191111 Shaft-sinking ladders.

INSPECTION AND MAINTENANCE

56.19120 Procedures for inspection, testing, and maintenance.

56.19121 Recordkeeping.

56.19122 Replacement parts.

56.19129 Examinations and tests at beginning of shift.

56.19130 Conveyance shaft test.

56.19131 Hoist conveyance connections.

56.19132 Safety catches.

56.19133 Shaft.

56.19134 Sheaves.

56.19135 Rollers in inclined shafts.

Subpart S—Miscellaneous

56.20001 Intoxicating beverages and narcotics.

56.20002 Potable water.

56.20003 Housekeeping.

56.20005 Carbon tetrachloride.

56.20008 Toilet facilities.

56.20009 Tests for explosive dusts.

56.20010 Retaining dams.

56.20011 Barricades and warning signs.

56.20012 Labeling of toxic material.

56.20013 Waste receptacles.

56.20014 Prohibited areas for food and beverages.

Authority: 30 U.S.C. 811, 957, and 961.

Source: 50 FR 4054, Jan. 29, 1985, unless otherwise noted.

Subpart A—General

S 56.1 Purpose and scope.

This part 56 sets forth mandatory safety and health standards for each surface metal or nonmetal mine, including open pit mines, subject to the Federal Mine Safety and Health Act of 1977. The purpose of these standards is the protection of life, the promotion of health and safety, and the prevention of accidents.

S 56.2 Definitions.

The following definitions apply in this part, except in any subpart preceded by a separate set of definitions:

American Table of Distances means the current edition of "The American Table of Distances for Storage of Explosives" published by the Institute of Makers of Explosives.

Approved means tested and accepted for a specific purpose by a nationally recognized agency.

Authorized person means a person approved or assigned by mine management to perform a specific type of duty or duties or to be at a specific location or locations in the mine.

Barricaded means obstructed to prevent the passage of persons, vehicles, or flying materials.

Blasting agent means any substance classified as a blasting agent by the Department of Transpor- tation in 49 CFR 173.114a (44 FR 31182, May 31, 1979) which is incorporated by reference. This document is available for inspection at each Metal and Nonmetal Safety and Health Subdistrict Office of the Mine Safety and Health Administration, and may be obtained from the U.S. Government Printing Office, Washington, D.C. 20402.

Blasting area means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury.

Blasting cap means a detonator which is initiated by a safety fuse.

Blasting circuit means the electrical circuit used to fire one or more electric blasting caps.

Blasting switch means a switch used to connect a power source to a blasting circuit.

Booster means any unit of explosive or blasting agent used for the purpose of perpetuating or intensifying an initial detonation.

Capped fuse means a length of safety fuse to which a blasting cap has been attached.

Capped primer means a package or cartridge of explosives which is specifically designed to transmit detonation to other explosives and which contains a detonator.

Circuit breaker means a device designed to open and close a circuit by nonautomatic means and to open the circuit automatically on a predetermined overcurrent setting without injury to itself when properly applied within its rating.

Combustible means capable of being ignited and consumed by fire.

Company official means a member of the company supervisory or technical staff.

Competent person means a person having abilities and experience that fully qualify him to perform the duty to which he is assigned.

Conductor means a material, usually in the form of a wire, cable, or bus bar, capable of carrying an electric current.

Delay connector means a non-electric short interval delay device for use in delaying blasts which are initiated by detonating cord.

Detonating cord means a flexible cord containing a solid core of high explosives.

Detonator means any device containing a detonating charge that is used to initiate an explosive and includes but is not limited to blasting caps, electric blasting caps and non-electric instantaneous or delay blasting caps.

Distribution box means a portable apparatus with an enclosure through which an electric circuit is carried to one or more cables from a single incoming feed line, each cable circuit being connected through individual overcurrent protective devices.

Electric blasting cap means a detonator designed for and capable of being initiated by means of an electric current.

Electrical grounding means to connect with the ground to make the earth part of the circuit.

Employee means a person who works for wages or salary in the service of an employer.

Employer means a person or organization which hires one or more persons to work for wages or salary.

Explosive means any substance classified as an explosive by the Department of Transportation in 49 CFR 173.53, 173.88 and 173.100 which are incorporated by reference. title 49 CFR is available for inspection at each Metal and Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety and Health Administration, and may be obtained from the U.S. Government Printing Office, Washing- ton, DC 20402.

Face or bank means that part of any mine where excavating is progressing or was last done.

Flammable means capable of being easily ignited and of burning rapidly.

Flash point means the minimum temperature at which sufficient vapor is released by a liquid or solid to form a flammable vapor-air mixture at atmospheric pressure.

Highway means any public street, public alley, or public road.

High potential means more than 650 volts.

Hoist means a power driven windlass or drum used for raising ore, rock, or other material from a mine, and for lowering or raising persons and material. Igniter cord means a fuse, cordlike in appear- ance, which burns progressively along its length with an external flame at the zone of burning, and is used for lighting a series of safety fuses in the desired sequence.

Insulated means separated from other conducting surfaces by a dielectric substance permanently offering a high resistance to the passage of current and to disruptive discharge through the substance. When any substance is said to be insulated, it is understood to be insulated in a manner suitable for the conditions to which it is subjected. Otherwise, it is, within the purpose of this definition, uninsulated. Insulating covering is one means for making the conductor insulated.

Insulation means a dielectric substance offering a high resistance to the passage of current and to disruptive discharge through the substance.

Lay means the distance parallel to the axis of the rope in which a strand makes one complete turn about the axis of the rope.

Low potential means 650 volts or less.

Magazine means a facility for the storage of explosives, blasting agents, or detonators.

Major electrical installation means an assemblage of stationary electrical equipment for the generation, transmission, distribution, or conversion of electrical power.

Mantrip means a trip on which persons are transported to and from a work area.

Mill includes any ore mill, sampling works, concentrator, and any crushing, grinding, or screen- ing plant used at, and in connection with, an excavation or mine.

Misfire means the complete or partial failure of a blasting charge to explode as planned.

Multipurpose dry-chemical fire extinguisher means a listed or approved multipurpose dry- chemical fire extinguisher having a minimum rating of 2-A:10-B:C, by Underwriters Laboratories, Inc., and containing a minimum of 4.5 pounds of dry-chemical agent.

Non-electric delay blasting cap means a detonator with an integral delay element and capable of being initiated by miniaturized detonating cord.

Overburden means material of any nature, consolidated or unconsolidated, that overlies a deposit of useful materials or ores that are to be mined.

Overload means that current which will cause an excessive or dangerous temperature in the conductor or conductor insulation.

Permissible means a machine, material, apparatus, or device that has been investigated, tested, and approved by the Bureau of Mines or the Mine Safety and Health Administration and maintained in permissible condition.

Potable water means water which shall meet the applicable minimum health requirements for drinking water established by the State or community in which the mine is located or by the Environ- mental Protection Agency in 40 CFR part 141, pages 169-182 revised as of July 1, 1977. Where no such requirements are applicable, the drinking water provided shall conform with the Public Health Service Drinking Water Standards, 42 CFR part 72, subpart J, pages 527-533, revised as of October 1, 1976. Publications to which references are made in this definition are hereby made a part hereof. These incor- porated publications are available for inspection at each Metal and Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety and Health Administration.

Powder chest means a substantial, nonconductive portable container equipped with a lid and used at blasting sites for explosives other than blasting agents.

Primer means a unit, package, or cartridge of explosives used to initiate other explosives or blasting agents, and which contains a detonator.

Reverse-current protection means a method or device used on direct-current circuits or equip- ment to prevent the flow of current in the reverse direction.

Roll protection means a framework, safety canopy or similar protection for the operator when equipment overturns.

Safety can means an approved container, of not over five gallons capacity, having a spring- closing lid and spout cover.

Safety fuse means a flexible cord containing an internal burning medium by which fire is con- veyed at a continuous and uniform rate for the purpose of firing blasting caps or a black powder charge.

Safety switch means a sectionalizing switch that also provides shunt protection in blasting circuits between the blasting switch and the shot area.

Scaling means removal of insecure material from a face or high-wall.

Secondary safety connection means a second connection between a conveyance and rope, in- tended to prevent the conveyance from running away or falling in the event the primary connection fails.

Shaft means a vertical or inclined shaft, a slope, incline or winze.

Short circuit means an abnormal connection of relatively low resistance, whether made acciden- tally or intentionally, between two points of different potential in a circuit.

Slurry (as applied to blasting). See "Water gel."

State Mine Inspector means the State Mine Inspector of the state of Wyoming or any Deputy Mine Inspectors employed by the Inspector.

Stray current means that portion of a total electric current that flows through paths other than the intended circuit.

Substantial construction means construction of such strength, material, and workmanship that the object will withstand all reasonable shock, wear, and usage, to which it will be subjected.

Suitable means that which fits, and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.

Travelway means a passage, walk or way regularly used and designated for persons to go from one place to another.

Water gel or Slurry (as applied to blasting) means an explosive or blasting agent containing substantial portions of water.

Wet drilling means the continuous application of water through the central hole of hollow drill steel to the bottom of the drill hole.

Working place means any place in or about a mine where work is being performed.

[50 FR 4054, Jan. 29, 1985; as amended at 53 FR 32520, Aug. 25, 1988]

Procedures

S 56.1000 Notification of commencement of operations and closing of mines.

The owner, operator, or person in charge of any metal and nonmetal mine shall notify the nearest Mine Safety and Health Administration and Metal and Nonmetal Mine Safety and Health Subdistrict Office and the State Mine Inspector before starting operations, of the approximate or actual date mine operation will commence. The notification shall include the mine name, location, the company name, mailing address, person in charge, and whether operations will be continuous or intermittent.

When any mine is closed, the person in charge shall notify the nearest subdistrict office as pro- vided above and indicate whether the closure is temporary or permanent.

(Approved by the Office of Management and Budget under control number 1219-0092)

Subpart B-Ground Control

Authority: 30 U.S.C. 811

Source: 51 FR 36197, Oct. 8, 1986, unless otherwise noted.

S 56.3000 Definitions.

The following definitions apply in this subpart.

Rock fixture. Any tensioned or nontensioned device or material inserted into the ground to strengthen or support the ground.

Travelway. A passage, walk, or way regularly used or designated for persons to go from one place to another.

Mining Methods

S 56.3130 Wall, bank, and slope stability.

Mining methods shall be used that will maintain wall, bank, and slope stability in places where persons work or travel in performing their assigned tasks. When benching is necessary, the width and height shall be based on the type of equipment used for cleaning of benches or for scaling of walls, banks, and slopes.

S 56.3131 Pit or quarry wall perimeter.

In places where persons work or travel in performing their assigned tasks, loose or unconsoli- dated material shall be sloped to the angle of repose or stripped back for at least 10 feet from the top of the pit or quarry wall. Other conditions at or near the perimeter of the pit or quarry wall which create a fall-of-material hazard to persons shall be corrected.

Scaling and Support

S 56.3200 Correction of hazardous conditions.

Ground conditions that create a hazard to persons shall be taken down or supported before other work or travel is permitted in the affected area. Until corrective work is completed, the area shall be posted with a warning against entry and, when left unattended, a barrier shall be installed to impede unauthorized entry.

S 56.3201 Location for performing scaling.

Scaling shall be performed from a location which will not expose persons to injury from falling material, or other protection from falling material shall be provided.

S 56.3202 Scaling tools.

Where manual scaling is performed, a scaling bar shall be provided. This bar shall be of a length and design that will allow the removal of loose material without exposing the person performing this work to injury.

S 56.3203 Rock fixtures.

(a) When rock bolts and accessories addressed in ASTM F432-83, "Standard Specification for Roof and Rock Bolts and Accessories", are used for ground support the mine operator shall—

(1) Obtain a manufacturer's certification that the material was manufactured and tested in accor- dance with the specifications of ASTM F432-83; and,

(2) Make this certification available to an authorized representative of the Secretary and the State Mine Inspector.

(b) Fixtures and accessories not addressed in ASTM F432-83 may be used for ground support provided they—

(1) Have been successful in supporting the ground in an area with similar strata, opening dimen- sions and ground stresses in any mine; or

(2) Have been tested and shown to be effective in supporting ground in an area of the affected mine which has similar strata, opening dimensions, and ground stresses as the area where the fixtures are expected to be used. During the test process, access to the test area shall be limited to persons necessary to conduct the test.

(d) The diameter of finishing bits shall be within a tolerance of plus or minus 0.030 inch of the manufacturer's recommended hole diameter for the anchor used. When separate finishing bits are used, they shall be distinguishable from other bits.

(e) Damaged or deteriorated cartridges of grouting material shall not be used.

(f) When rock bolts tensioned by torquing are used as a means of ground support,

(1) Selected tension level shall be—

(i) At least 50 percent of either the yield point of the bolt or anchorage capacity of the rock, whichever is less; and

(ii) No greater than the yield point of the bolt or anchorage capacity of the rock.

(2) The torque of the first bolt, every tenth bolt, and the last bolt installed in each work area during the shift shall be accurately determined immediately after installation. If the torque of any fixture tested does not fall within the installation torque range, corrective action shall be taken.

(g) When grouted fixtures can be tested by applying torque, the first fixture installed in each work place shall be tested to withstand 150 foot-pounds of torque. Should it rotate in the hole, a second fixture shall be tested in the same manner. If the second fixture also turns, corrective action shall be taken.

(h) When other tensioned and nontensioned fixtures are used, test methods shall be established to verify their effectiveness.

(i) The mine operator shall certify that tests were conducted and make the certification available to an authorized representative of the Secretary and the State Mine Inspector.

[51 FR 36197, Oct. 8, 1986, as amended at 51 FR 36804, Oct. 16, 1986]

Precautions 56.3400 Secondary breakage.

Prior to secondary breakage operations, material to be broken, other than hanging material, shall be positioned or blocked to prevent movement which would endanger persons in the work area. Second- ary breakage shall be performed from a location which would not expose persons to danger.

S 56.3401 Examination of ground conditions.

Persons experienced in examining and testing for loose ground shall be designated by the mine operator. Appropriate supervisors or other designated persons shall examine and, where applicable, test ground conditions in areas where work is to be performed prior to work commencing, after blasting, and as ground conditions warrant during the work shift. Highwalls and banks adjoining travelways shall be examined weekly or more often if changing ground conditions warrant.

S 56.3430 Activity between machinery or equipment and the highwall or bank.

Persons shall not work or travel between machinery or equipment and the highwall or bank where the machinery or equipment may hinder escape from falls or slides of the highwall or bank. Travel is permitted when necessary for persons to dismount.

Subpart C—Fire Prevention and Control

Authority: Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).

S 56.4000 Definitions.

The following definitions apply in this subpart.

Combustible liquids. Liquids having a flash point at or above 100 oF (37.8 oC). They are divided into the following classes:

Class II liquids—those having flash points at or above 100 oF (37.8 oC) and below 140 oF (60 oC).

Class IIIA liquids—those having flash points at or above 140 oF (60 oC) and below 200 oF (93.4 oC).

Class IIIB liquids—those having flash points at or above 200 oF (93.4 oC).

Combustible material. A material that, in the form in which it is used and under the conditions anticipated, will ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat. Wood, paper, rubber, and plastics are examples of combustible materials.

Fire resistance rating. The time, in minutes or hours, that an assembly of materials will retain its protective characteristics or structural integrity upon exposure to fire.

Flammable gas. A gas that will burn in the normal concentrations of oxygen in the air.

Flammable liquid. A liquid that has a flash point below 100 oF (37.8 oC), a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 oF (37.8 oC), and is known as a Class I liquid.

Flash point. The minimum temperature at which sufficient vapor is released by a liquid to form a flammable vapor-air mixture near the surface of the liquid.

Multipurpose dry-chemical fire extinguisher. An extinguisher having a rating of at least 2-A:10- B:C and containing a nominal 4.5 pounds or more of dry-chemical agent.

Noncombustible material. A material that, in the form in which it is used and under the condi- tions anticipated, will not ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat. Concrete, masonry block, brick, and steel are examples of noncombustible materials.

Safety can. A container of not over five gallons capacity that is designed to safely relieve internal pressure when exposed to heat and has a spring-closing lid and spout cover.

Storage tank. A container exceeding 60 gallons in capacity used for the storage of flammable or combustible liquids.

S 56.4011 Abandoned electric circuits.

Abandoned electric circuits shall be deenergized and isolated so that they cannot become ener- gized inadvertently.

Prohibitions/Precautions/Housekeeping

S 56.4100 Smoking and use of open flames.

No person shall smoke or use an open flame where flammable or combustible liquids, including greases, or flammable gases are—

(a) Used or transported in a manner that could create a fire hazard; or

(b) Stored or handled.

S 56.4101 Warning signs.

Readily visible signs prohibiting smoking and open flames shall be posted where a fire or explo- sion hazard exists.

S 56.4102 Spillage and leakage.

Flammable or combustible liquid spillage or leakage shall be removed in a timely manner or controlled to prevent a fire hazard.

S 56.4103 Fueling internal combustion engines.

Internal combustion engines shall be switched off before refueling if the fuel tanks are integral parts of the equipment. This standard does not apply to diesel-powered equipment.

S 56.4104 Combustible waste.

(a) Waste materials, including liquids, shall not accumulate in quantities that could create a fire hazard.

(b) Until disposed of properly, waste or rags containing flammable or combustible liquids that could create a fire hazard shall be placed in covered metal containers or other equivalent containers with flame containment characteristics.

S 56.4130 Electric substations and liquid storage facilities.

(a) If a hazard to persons could be created, no combustible materials shall be stored or allowed to accumulate within 25 feet of the following:

(1) Electric substations.

(2) Unburied, flammable or combustible liquid storage tanks.

(3) Any group of containers used for storage of more than 60 gallons of flammable or combus- tible liquids.

(b) The area within the 25-foot perimeter shall be kept free of dry vegetation.

Firefighting Equipment

S 56.4200 General requirements.

(a) For fighting fires that could endanger persons, each mine shall have—

(1) Onsite firefighting equipment for fighting fires in their early stages; and

(2) Onsite firefighting equipment for fighting fires beyond their early stages, or the mine shall have made prior arrangements with a local fire department to fight such fires.

(b) This onsite firefighting equipment shall be—

(1) Of the type, size, and quantity that can extinguish fires of any class which could occur as a result of the hazards present; and

(2) Strategically located, readily accessible, plainly marked, and maintained in fire-ready condition.

[50 FR 4054, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]

S 56.4201 Inspection.

(a) Firefighting equipment shall be inspected according to the following schedules:

(1) Fire extinguishers shall be inspected visually at least once a month to determine that they are fully charged and operable.

(2) At least once every twelve months, maintenance checks shall be made of mechanical parts, the amount and condition of extinguishing agent and expellant, and the condition of the hose, nozzle, and vessel to determine that the fire extinguishers will operate effectively.

(3) Fire extinguishers shall be hydrostatically tested according to Table C-1 or a schedule based on the manufacturer's specifications to determine the integrity of extinguishing agent vessels.

(4) Water pipes, valves, outlets, hydrants, and hoses that are part of the mine's firefighting system shall be visually inspected at least once every three months for damage or deteriora- tion and use-tested at least once every twelve months to determine that they remain functional.

(5) Fire suppression systems shall be inspected at least once every twelve months. An inspection schedule based on the manufacturer's specifications or the equivalent shall be established for individual components of a system and followed to determine that the system remains functional. Sur- face fire suppression systems are exempt from these inspection requirements if the systems are used solely for the protection of property and no persons would be affected by a fire.

(b) At the completion of each inspection or test required by this standard, the person making the inspection or test shall certify that the inspection or test has been made and the date on which it was made. Certifications of hydrostatic testing shall be retained until the fire extinguisher is retested or permanently removed from service. Other certifications shall be retained for one year.

Table C-1—Hydrostatic Test Intervals for Fire Extinguishers

Extinguisher type Test interval (years)

Soda Acid 5

Cartridge-Operated Water

and/or Antifreeze 5

Stored-Pressure Water

and/or Antifreeze 5

Wetting Agent 5

Foam 5

AFFF (Aqueous Film Forming Foam) 5

Loaded Stream 5

Dry-Chemical with Stainless

Steel Shells 5

Carbon Dioxide 5

Dry-Chemical, Stored Pressure,

with Mild Steel Shells,Brazed

Brass Shells, or Aluminum Shells 12

Dry-Chemical, Cartridge or Cylinder

Operated, with Mild Steel Shells 12

Bromotrifluoromethane-Halon 1301 12

Bromochlorodifluoromethane-Halon 1211 12

Dry-Powder, Cartridge or Cylinder

Operated, with Mild Steel Shells/1 12

1/Except for stainless steel and steel used for compressed gas cylinders, all other steel shells are defined as "mild steel" shells.

S 56.4202 Fire hydrants.

If fire hydrants are part of the mine's firefighting system, the hydrants shall be provided with—

(a) Uniform fittings or readily available adapters for onsite firefighting equipment;

(b) Readily available wrenches or keys to open the valves; and

(c) Readily available adapters capable of connecting hydrant fittings to the hose equipment of any firefighting organization relied upon by the mine.

S 56.4203 Extinguisher recharging or replacement.

Fire extinguishers shall be recharged or replaced with a fully charged extinguisher promptly after any discharge.

S 56.4230 Self-propelled equipment.

(a) (1) Whenever a fire or its effects could impede escape from self-propelled equipment, a fire extinguisher shall be on the equipment.

(2) Whenever a fire or its effects would not impede escape from the equipment but could affect the escape of other persons in the area, a fire extinguisher shall be on the equipment or within 100 feet of the equipment.

(b) A fire suppression system may be used as an alternative to fire extinguishers if the system can be manually activated.

(c) Fire extinguishers or fire suppression systems shall be of a type and size that can extinguish fires of any class in their early stages which could originate from the equipment's inherent fire hazards.

Fire extinguishers or manual actuators for the suppression system shall be located to permit their use by persons whose escape could be impeded by fire.

Firefighting Procedures/Alarms/Drills

S 56.4330 Firefighting, evacuation, and rescue procedures.

(a) Mine operators shall establish emergency firefighting, evacuation, and rescue procedures.

These procedures shall be coordinated in advance with available firefighting organizations.

(b) Fire alarm procedures or systems shall be established to promptly warn every person who could be endangered by a fire.

S 56.4331 Firefighting drills.

Emergency firefighting drills shall be held at least once every six months for persons assigned firefighting responsibilities by the mine operator.

Flammable and Combustible Liquids and Gases

S 56.4400 Use restrictions.

(a) Flammable liquids shall not be used for cleaning.

(b) Solvents shall not be used near an open flame or other ignition source, near any source of heat, or in an atmosphere that can elevate the temperature of the solvent above the flash point.

S 56.4401 Storage tank foundations.

Fixed, unburied, flammable or combustible liquid storage tanks shall be securely mounted on firm foundations. Piping shall be provided with flexible connections or other special fittings where necessary to prevent leaks caused by tanks settling.

S 56.4402 Safety can use.

Small quantities of flammable liquids drawn from storage shall be kept in safety cans labeled to indicate the contents.

S 56.4430 Storage facilities.

(a) Storage tanks for flammable or combustible liquids shall be—

(1) Capable of withstanding working pressures and stresses and compatible with the type of liquid stored;

(2) Maintained in a manner that prevents leakage;

(3) Isolated or separated from ignition sources to prevent fire or explosion; and

(4) Vented or otherwise constructed to prevent development of pressure or vacuum as a result of filling, emptying, or atmospheric temperature changes. Vents for storage of Class I, II, or IIIA liquids shall be isolated or separated from ignition sources. These pressure relief requirements do not apply to tanks used for storage of Class IIIB liquids that are larger than 12,000 gallons in capacity.

(b) All piping, valves, and fittings shall be—

(1) Capable of withstanding working pressures and stresses;

(2) Compatible with the type of liquid stored; and

(3) Maintained in a manner that prevents leakage.

(1) Containment for the entire capacity of the largest tank; or

(2) Drainage of a remote impoundment area that does not endanger persons. However, storage of only Class IIIB liquids does not require containment or drainage to remote impoundment.

Installation/Construction/Maintenance

S 56.4500 Heat sources.

Heat sources capable of producing combustion shall be separated from combustible materials if a fire hazard could be created.

S 56.4501 Fuel lines.

Fuel lines shall be equipped with valves capable of stopping the flow of fuel at the source and shall be located and maintained to minimize fire hazards. This standard does not apply to fuel lines on self-propelled equipment.

S 56.4502 Battery-charging stations.

(a) Battery-charging stations shall be ventilated with a sufficient volume of air to prevent the accumulation of hydrogen gas.

(b) Smoking, use of open flames, or other activities that could create an ignition source shall be prohibited at the battery charging station during battery charging.

(c) Readily visible signs prohibiting smoking or open flames shall be posted at battery-charging stations during battery charging.

S 56.4503 Conveyor belt slippage.

Belt conveyors within confined areas where evacuation would be restricted in the event of a fire resulting from belt-slippage shall be equipped with a detection system capable of automatically stopping the drive pulley. A person shall attend the belt at the drive pulley when it is necessary to operate the conveyor while temporarily bypassing the automatic function.

S 56.4530 Exits.

Buildings or structures in which persons work shall have a sufficient number of exits to permit prompt escape in case of fire.

S 56.4531 Flammable or combustible liquid storage buildings or rooms.

(a) Storage buildings or storage rooms in which flammable or combustible liquids, including grease, are stored and that are within 100 feet of any person's work station shall be ventilated with a sufficient volume of air to prevent the accumulation of flammable vapors.

(b) In addition, the buildings or rooms shall be—

(1) Constructed to meet a fire resistance rating of at least one hour; or

(2) Equipped with an automatic fire suppression system; or

(3) Equipped with an early warning fire detection device that will alert any person who could be endangered by a fire, provided that no person's work station is in the building.

(c) Flammable or combustible liquids in use for day-to-day maintenance and operational activi- ties are not considered in storage under this standard.

Welding/Cutting/Compressed Gases

S 56.4600 Extinguishing equipment.

(a) When welding, cutting, soldering, thawing, or bending—

(1) With an electric arc or with an open flame where an electrically conductive extin- guishing agent could create an electrical hazard, a multipurpose dry-chemical fire extinguisher or other extinguisher with at least a 2-A:10-B:C rating shall be at the worksite.

(2) With an open flame in an area where no electrical hazard exists, a multipurpose dry- chemical fire extinguisher or equivalent fire extinguishing equipment for the class of fire hazard present shall be at the worksite.

(b) Use of halogenated fire extinguishing agents to meet the requirements of this standard shall be limited to Halon 1211 (CBrClF2) and Halon 1301 (CBrF3). When these agents are used in confined or unventilated areas, precautions based on the manufacturer's use instructions shall be taken so that the gases produced by thermal decomposition of the agents are not inhaled.

S 56.4601 Oxygen cylinder storage.

Oxygen cylinders shall not be stored in rooms or areas used or designated for storage of flam- mable or combustible liquids, including grease.

S 56.4602 Gauges and regulators.

Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease.

S 56.4603 Closure of valves.

To prevent accidental release of gases from hoses and torches attached to oxygen and acetylene cylinders or to manifold systems, cylinder or manifold system valves shall be closed when—

(a) The cylinders are moved;

(b) The torch and hoses are left unattended; or

S 56.4604 Preparation of pipelines or containers.

Before welding, cutting, or applying heat with an open flame to pipelines or containers that have contained flammable or combustible liquids, flammable gases, or explosive solids, the pipelines or containers shall be—

(a) Drained, ventilated, and thoroughly cleaned of any residue;

(b) Vented to prevent pressure build-up during the application of heat; and

(c)(1) Filled with an inert gas or water, where compatible; or

(2)Determined to be free of flammable gases by a flammable gas detection device prior to and at frequent intervals during the application of heat.

APPENDIX I TO SUBPART C—NATIONAL CONSENSUS STANDARDS

Mine operators seeking further information in the area of fire prevention and control may con- sult the following national consensus standards.

MSHA standard National consensus standard

SS 56.4200, 56.4201 NFPA No. 10-Portable Fire Extinguisher.

NFPA No. 11-Low Expansion Foam and

Combined Agent Systems.

NFPA No. 11A-High Expansion Foam Systems.

NFPA No. 12-Carbon Dioxide Extinguishing Systems.

NFPA No. 12A-Halon 1301 Extinguishing Systems.

NFPA No. 13-Water Sprinkler Systems.

NFPA No. 14-Standpipe and Hose Systems.

NFPA No. 15-Water Spray Fixed Systems.

NFPA No. 16-Foam Water Spray Systems.

NFPA No. 17-Dry-Chemical Extinguishing Systems.

NFPA No. 121-Mobile Surface Mining Equipment.

NFPA No. 291-Testing and Marketing Hydrants.

NFPA No. 1962-Care, Use, and Maintenance of Fire Hose,

Connections, and Nozzles.

S 56.4202 NFPA No. 14-Standpipe and Hose Systems.

NFPA No. 291-Testing and Marketing

Hydrants.

S 56.4203 NFPA No. 10-Portable Fire Extinguishers.

S 56.4230 NFPA No. 10-Portable Fire Extinguishers.

NFPA No. 121-Mobile Surface Mining

Equipment.

Subpart D—Air Quality and Physical Agents

Air Quality

S 56.5001 Exposure limits for airborne contaminants.

Except as permitted by S 56.5005—

(a) Except as provided in paragraph (b) of this section, the exposure to airborne contaminants shall not exceed, on the basis of a time weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists, as set forth and explained in the 1973 edition of the Conference's publication, entitled "TLV's Threshold Limit Values for Chemical Sub- stances in Workroom Air Adopted by ACGIH for 1973," pages 1 through 54, which are hereby incorpo- rated by reference and made a part hereof. This publication may be obtained from the American Confer- ence of Governmental industrial Hygienists by writing to the Secretary-Treasurer, P.O Box 1937, Cin- cinnati, Ohio 45201, or may be examined in any Metal and Nonmetal Mine Safety and Health District or Subdistrict Office of the Mine Safety and Health Administration. Excursions above the listed thresholds shall not be of a greater magnitude than is characterized as permissible by the Conference.

(b) The 8-hour time weighted average airborne concentration of asbestos dust to which employ- ees are exposed shall not exceed 2 fibers per milliliter greater than 5 microns in length, as determined by the membrane filter method at 400-450 magnification (4 millimeter objective) phase contrast illumina- tion. No employees shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers longer than 5 micrometers, per milliliter of air, as determined by the membrane filter method over a minimum sampling time of 15 minutes. "Asbestos" is a generic term for a number of hydrated silicates that, when crushed or processed, separate into flexible fibers made up of fibrils. Although there are many asbestos minerals, the term "asbestos" as used herein is limited to the following minerals: chrysotile, amosite, crocidolite, anthophylite asbestos, tremolite asbestos, and actinolite asbestos.

(c) Employees shall be withdrawn from areas where there is present an airborne contaminant given a "C" designation by the Conference and the concentration exceeds the threshold limit value listed for that contaminant.

S 56.5002 Exposure monitoring.

Dust, gas, mist, and fume surveys shall be conducted as frequently as necessary to determine the adequacy of control measures.

S 56.5005 Control of exposure to airborne contaminants.

Control of employee exposure to harmful airborne contaminants shall be, insofar as feasible, by prevention of contamination, removal by exhaust ventilation, or by dilution with uncontaminated air.

However, where accepted, engineering control measures have not been developed or when necessary by the nature of work involved (for example, while establishing controls or occasional entry into hazardous atmospheres to perform maintenance or investigation), employees may work for reasonable periods of time in concentrations of airborne contaminants exceeding permissible levels if they are protected by appropriate respiratory protective equipment. Whenever respiratory protective equipment is used a program for selection, maintenance, training, fitting, supervision, cleaning, and use shall meet the fol- lowing minimum requirements:

(a) Mine Safety and Health Administration approved respirators which are applicable and suit- able for the purpose intended shall be furnished, and employees shall use the protective equipment in accordance with training and instruction.

(b) A respirator program consistent with the requirements of ANSI Z88.2-1969, published by the American National Standards Institute and entitled "American National Standards Practices for Respira- tory Protection ANSI Z88.2-1969," approved August 11, 1969, which is hereby incorporated by refer- ence and made a part hereof. This publication may be obtained from the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018, or may be examined in any Metal and Nonmetal Mine Safety and Health District or Subdistrict Office of the Mine Safety and Health Adminis- tration.

(c) When respiratory protection is used in atmospheres immediately harmful to life, the presence of at least one other person with backup equipment and rescue capability shall be required in the event of failure of the respiratory equipment.

(Approved by the Office of Management and Budget under control number 1219-0048)

S 56.5006 Restricted use of chemicals.

The following chemical substances shall not be used or stored except by competent persons under laboratory conditions approved by a nationally recognized agency acceptable to the Secretary.

(a) Carbon tetrachloride.

(b) Phenol,

(d) Alpha-naphthylamine,

(e) 4,4-Methylene Bis (2-chloroaniline),

(f) Methyl-chloromethyl ether,

(g) 3,3 Dichlorobenzidine,

(h) Bis (chloromethyl) ether,

(i) Beta-napthylamine,

(j) Benzidine,

(k) 4-Aminodiphenyl,

(l) Ethyleneimine,

(m) Beta-propiolactone,

(n) 2-Acetylaminofluorene,

(o) 4-Dimethylaminobenzene, and

(p) N-Nitrosodimethylamine.

Physical Agents

S 56.5050 Exposure limits for noise.

(a) No employee shall be permitted an exposure to noise in excess of that specified in the table below. Noise level measurements shall be made using a sound level meter meeting specifications for type 2 meters contained in American National Standards Institute (ANSI) Standard S1.4-1971, "General Purpose Sound Level Meters," approved April 27, 1971, which is hereby incorporated by reference and made a part hereof, or by a dosimeter with similar accuracy. This publication may be obtained from the American National Standards Institute, Inc. 1430 Broadway, New York, New York 10018, or may be examined in any Metal and Nonmetal Mine Safety and Health District or Subdistrict Office of the Mine Safety and Health Administration.

PERMISSIBLE NOISE EXPOSURES

| Duration per day, hours of exposure | Sound level dBA, slow response | | --- | --- | | 8 | 90 | | 6 | 92 | | 4 | 95 | | 3 | 97 | | 2 | 100 | | 1 1/2 | 102 | | 1 | 105 | | 1/2 | 110 | | 1/4 or less | 115 |

No exposure shall exceed 115 dBA. Impact or impulsive noises shall not exceed 140 dB, peak sound pressure level.

Note: When the daily noise exposure is composed of two or more periods of noise exposure at different levels, their combined effect shall be considered rather than the individual effect on each.

If the sum

(C1/T1)+(C2/T2)+ . . . (Cn/Tn)

exceeds unity, then the mixed exposure shall be considered to exceed the permissible exposure. Cn indicates the total time of exposure at a specified noise level, and Tn indicates the total time of exposure permitted at that level. Interpolation between tabulated values may be determined by the following formula:

Log T = 6.322-0.0602 SL

Where T is the time in hours and SL is the sound level in dBA.

(b) When employees' exposure exceeds that listed in the above table, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce exposure to within permissible levels, personal protection equipment shall be provided and used to reduce sound levels to within the levels of the table.

Subpart E—Explosives

Source: 58 FR 69596 Dec. 30, 1993.

S 56.6000 Definitions.

The following definitions apply in this subpart.

Attended. Presence of an individual or continuous monitoring to prevent unauthorized entry or access.

Barrier. A material object, or objects that separates, keeps apart, or demarcates in a conspicuous manner such as cones, a warning sign, or tape.

Blast area. The area in which concussion (shock wave), flying material, or gases from an explo- sion may cause injury to persons. In determining the blast area, the following factors shall be considered:

(1) Geology or material to be blasted.

(2) Blast pattern.

(3) Burden, depth, diameter, and angle of the holes.

(4) Blasting experience of the mine.

(5) Delay system, powder factor, and pounds per delay.

(6) Type and amount of explosive material.

(7) Type and amount of stemming.

Blasting agent. Any substance classified as a blasting agent by the Department of Transportation in 49 CFR 173.114(a). This document is available at any MSHA Metal and Nonmetal Safety and Health district office.

Detonating cord. A flexible cord containing a center core of high explosives which may be used to initiate other explosives.

Detonator. Any device containing a detonating charge used to initiate an explosive. These de- vices include electric or nonelectric instantaneous or delay blasting caps, and delay connectors. The term "detonator" does not include detonating cord. Detonators may be either "Class A" detonators or "Class C" detonators, as classified by the Department of Transportation in 49 CFR 173.53, and 173.100. This document is available at any MSHA Metal and Nonmetal Safety and Health district office.

Emulsion. An explosive material containing substantial amounts of oxidizers dissolved in water droplets, surrounded by an immiscible fuel.

Explosive. Any substance classified as an explosive by the Department of Transportation in 49 CFR 173.53, 173.88, and 173.100. This document is available at any MSHA Metal and Nonmetal Safety and Health district office.

Explosive material. Explosives, blasting agents, and detonators.

Flash point. The minimum temperature at which sufficient vapor is released by a liquid to form a flammable vapor-air mixture near the surface of the liquid.

Igniter cord. A fuse that burns progressively along its length with an external flame at the zone of burning, used for lighting a series of safety fuses in a desired sequence.

Laminated partition. A partition composed of the following material and minimum nominal dimensions: 1/2-inch thick plywood, 1/2-inch thick gypsum wallboard, 1/8-inch thick low carbon steel, and 1/4-inch thick plywood, bonded together in that order. Other combinations of material may be used, such as plywood, wood, or gypsum wallboard as insulators, and steel or wood as structural elements, provided that the partition is equivalent to a laminated partition for both insulation and structural pur- poses as determined by appropriate testing. The Institute of Makers of Explosives (IME) 22 container or compartment, described in IME Safety Library Publication 22 (Jan. 1985), meets the criteria of a lami- nated partition. This document is available at any MSHA Metal and Nonmetal Safety and Health district office.

Loading. Placing explosive material either in a blasthole or against the material to be blasted.

Magazine. A bullet-resistant, theft-resistant, fire-resistant, weather-resistant, ventilated facility for the storage of explosives and detonators (BATF Type 1 or Type 2 facility).

Misfire. The complete or partial failure of explosive material to detonate as planned. The term also is used to describe the explosive material itself that has failed to detonate.

Multipurpose dry-chemical fire extinguisher. An extinguisher having a rating of at least 2-A:10- B:C and containing a nominal 4.5 pounds or more of dry-chemical agent.

Primer. A unit, package, or cartridge of explosives which contains a detonator and is used to initiate other explosives or blasting agents.

Safety switch. A switch that provides shunt protection in blasting circuits between the blast site and the switch used to connect a power source to the blasting circuit.

Slurry. An explosive material containing substantial portions of a liquid, oxidizers, and fuel, plus thickener.

Storage facility. The entire class of structures used to store explosive materials. A "storage facility" used to store blasting agents corresponds to a BATF Type 4 or 5 storage facility.

Water gel. An explosive material containing substantial portions of water, oxidizers, and fuel, plus a cross-linking agent.

STORAGE

S 56.6100 Separation of stored explosive material.

(a) Detonators shall not be stored in the same magazine with other explosive material.

(b) When stored in the same magazine, blasting agents shall be separated from explosives, safety fuse, and detonating cord to prevent contamination.

S 56.6101 Areas around explosive material storage facilities.

(a) Areas surrounding storage facilities for explosive material shall be clear of rubbish, brush, dry grass, and trees for 25 feet in all directions, except that live trees 10 feet or taller need not be removed.

(b) Other combustibles shall not be stored or allowed to accumulate within 50 feet of explosive material. Combustible liquids shall be stored in a manner that ensures drainage will occur away from the explosive material storage facility in case of tank rupture.

S 56.6102 Explosive material storage practices.

(a) Explosive material shall be—

(1) Stored in a manner to facilitate use of oldest stocks first;

(2) Stored according to brand and grade in such a manner as to facilitate identification; and

(3) Stacked in a stable manner but not more than 8 feet high.

(b) Explosives and detonators shall be stored in closed nonconductive containers except that nonelectric detonating devices may be stored on nonconductive racks provided the case-insert instruc- tions and the date-plant-shift code are maintained with the product.

S 56.6130 Explosive material storage facilities.

(a) Detonators and explosives shall be stored in magazines.

(b) Packaged blasting agents shall be stored in a magazine or other facility which is ventilated to prevent dampness and excessive heating, weather-resistant, and locked or attended. Drop trailers do not have to be ventilated if they are currently licensed by the Federal, State, or local authorities for over-the- road use. Facilities other than magazines used to store blasting agents shall contain only blasting agents.

(c) Bulk blasting agents shall be stored in weather-resistant bins or tanks which are locked, attended, or otherwise inaccessible to unauthorized entry.

(d) Facilities, bins or tanks shall be posted with the appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach.

S 56.6131 Location of explosive material storage facilities.

(a) Storage facilities for any explosive material shall be—

(1) Located so that the forces generated by a storage facility explosion will not create a hazard to occupants in mine buildings and will not damage dams or electric substations; and

(2) Detached structures located outside the blast area and a sufficient distance from powerlines so that the powerlines, if damaged, would not contact the magazines.

(b) Operators should also be aware of regulations affecting storage facilities in 27 CFR part 55, in particular, SS 55.218 and 55.220. This document is available at any MSHA Metal and Nonmetal Safety and Health district office..

S 56.6132 Magazine requirements.

(a) Magazines shall be—

(1) Structurally sound;

(2) Noncombustible or the exterior covered with fire-resistant material;

(3) Bullet resistant;

(4) Made of nonsparking material on the inside;

(5) Ventilated to control dampness and excessive heating within the magazine;

(6) Posted with the appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach, so located that a bullet passing through any of the signs will not strike the magazine;

(7) Kept clean and dry inside;

(8) Unlighted or lighted by devices that are specifically designed for use in magazines and which do not create a fire or explosion hazard;

(9) Unheated or heated only with devices that do not create a fire or explosion hazard;

(10) Locked when unattended; and

(11) Used exclusively for the storage of explosive material except for essential nonsparking equipment used for the operation of the magazine.

(b) Metal magazines shall be equipped with electrical bonding connections between all conduc- tive portions so the entire structure is at the same electrical potential. Suitable electrical bonding meth- ods include welding, riveting, or the use of securely tightened bolts where individual metal portions are joined. Conductive portions of nonmetal magazines shall be grounded.

S 56.6133 Powder chests.

(a) Powder chests (day boxes) shall be—

(1) Structurally sound, weather-resistant, equipped with a lid or cover, and with only nonsparking material on the inside;

(2) Posted with the appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach;

(3) Located out of the blast area once loading has been completed;

(4) Locked or attended when containing explosive material; and

(5) Emptied at the end of each shift with the contents returned to a magazine or other storage facility, or attended.

(b) Detonators shall be kept in separate chests from explosives or blasting agents, except if separated by 4 inches of hardwood, laminated partition, or equivalent.

TRANSPORTATION

S 56.6200 Delivery to storage or blast site areas.

Explosive material shall be transported without undue delay to the storage area or blast site.

S 56.6201 Separation of transported explosive material.

Detonators shall not be transported on the same vehicle or conveyance with other explosives except as follows:

(a) Detonators in quantities of more than 1000 may be transported in a vehicle or conveyance with explosives or blasting agents provided the detonators

are—

(1) Maintained in the original packaging as shipped from the manufacturer; and

(2) Separated from the explosives or blasting agents by 4 inches of hardwood, laminated parti- tion, or equivalent. The hardwood, laminated partition, or the equivalent shall be fastened to the vehicle or conveyance.

(b) Detonators in quantities of 1000 or fewer may be transported with explosives or blasting agents provided the detonators are—

(1) Kept in closed containers; and

(2) Separated from the explosives or blasting agents by 4 inches of hardwood, laminated parti- tion, or equivalent. The hardwood, laminated partition, or equivalent shall be fastened to the vehicle or conveyance.

S 56.6202 Vehicles.

(a) Vehicles containing explosive material shall be—

(1) Maintained in good condition and shall comply with the requirements of subpart M of this part;

(2) Equipped with sides and enclosures higher than the explosive material being transported or have the explosive material secured to a nonconductive pallet;

(3) Equipped with a cargo space that shall contain the explosive material (passenger areas shall not be considered cargo space);

(4) Equipped with at least two multipurpose dry-chemical fire extinguishers or one such extin- guisher and an automatic fire suppression system;

(5) Posted with warning signs that indicate the contents and are visible from each approach;

(6) Occupied only by persons necessary for handling the explosive material;

(7) Attended or the cargo compartment locked, except when parked at the blast site and loading is in progress; and

(8) Secured while parked by having—

(i) The brakes set;

(ii) The wheels chocked if movement could occur; and

(iii) The engine shut off unless powering a device being used in the loading operation.

(b) Vehicles containing explosives shall have—

(1) No sparking material exposed in the cargo space; and

(2) Only properly secured nonsparking equipment in the cargo space with the explosives.

(1) Have no zinc or copper exposed in the cargo space; and

(2) Provide any enclosed screw-type conveyors with protection against internal pressure and frictional heat.

S 56.6203 Locomotives.

Explosive material shall not be transported on a locomotive. When explosive material is hauled by trolley locomotive, covered, electrically insulated cars shall be used.

S 56.6204 Hoists.

(a) Before explosive material is transported in hoist conveyances, the hoist operator shall be notified.

(b) Explosive material transported in hoist conveyances shall be placed within a container which prevents shifting of the cargo that could cause detonation of the container by impact or by sparks. The manufacturer's container may be used if secured to a nonconductive pallet. When explosives are trans- ported, they shall be secured so as not to contact any sparking material.

S 56.6205 Conveying explosives by hand.

Closed, nonconductive containers shall be used to carry explosives and detonators to and from blast sites. Separate containers shall be used for explosives and detonators.

USE

S 56.6300 Control of blasting operations.

(a) Only persons trained and experienced in the handling and used of explosive material shall direct blasting operations and related activities.

(b) Trainees and inexperienced persons shall work only in the immediate presence of persons trained and experienced in the handling and use of explosive material.

S 56.6301 Blasthole obstruction check.

Before loading, blastholes shall be checked and, wherever possible, cleared of obstructions.

S 56.6302 Explosive material protection.

(a) Explosives and blasting agents shall be kept separated from detonators until loading begins.

(b) Explosive material shall be protected from impact and temperatures in excess of 150 oF when taken to the blast site.

S 56.6303 Initiation preparation.

(a) Primers shall be made up only at the time of use and as close to the blast site as conditions allow.

(b) Primers shall be prepared with the detonator contained securely and completely within the explosive or contained securely and appropriately for its design in the tunnel or cap well.

(c) When using detonating cord to initiate another explosive, a connection shall be prepared with the detonating cord threaded through, attached securely to, or otherwise in contact with the explosive.

S 56.6304 Primer protection.

(a) Tamping shall not be done directly on a primer.

(b) Rigid cartridges of explosives or blasting agents that are 4 inches (100 millimeters) in diam- eter or larger shall not be dropped on the primer except where the blasthole contains sufficient depth of water to protect the primer from impact. Slit packages of prill, water gel, or emulsions are not considered rigid cartridges and may be drop loaded.

S 56.6305 Unused explosive material.

Unused explosive material shall be moved to a protected location as soon as practical after loading operations are completed.

S 56.6306 Loading and blasting.

(a) Vehicles and equipment shall not be driven over explosive material or initiating systems in a manner which could contact the material or system, or create other hazards.

(b) Once loading begins, the only activities permitted within the blast site shall be those activities directly related to the blasting operation and the activities of surveying, stemming, sampling of geology, and reopening of holes provided that reasonable care is exercised. Haulage activity is permitted near the base of the highwall being loaded provided no other haulage access exists.

(c) Loading shall be continuous except where adverse circumstances such as unfavorable atmo- spheric conditions, large equipment failure, or circumstances beyond the operator's control necessitate an interruption in loading.

(d) In electric blasting prior to connecting to the power source and in nonelectric blasting prior to attaching an initiating device, all persons shall leave the blast area except persons in a blasting shelter or other location that protects them from concussion (shock wave), flying material, and gases.

(e) When loading is completed and circuits are connected, the blasts shall be fired without undue delay unless adverse circumstances such as unfavorable atmospheric conditions, large equipment failure, or circumstances beyond the operator's control necessitate delay. If the time between the connection of circuits and the firing of the blast will exceed 72 hours, the operator shall notify the appropriate MSHA District Office and the State Mine Inspector before the 72 hours have elapsed.

(f) Before firing a blast—

(1) Ample warning shall be given to allow all persons to be evacuated;

(2) Clear exit routes shall be provided for persons firing the round; and

(3) All access routes to the blast area shall be guarded or barricaded to prevent the passage of persons or vehicles.

(g) No work shall resume in the blast area until a post-blast examination addressing potential blast-related hazards has been conducted by a person with the ability and experience to perform the examination.

S 56.6307 Drill stem loading.

Explosive material shall not be loaded into blastholes with drill stem equipment or other devices that could be extracted while containing explosive material. The use of loading hose, collar sleeves, or collar pipes is permitted.

S 56.6308 Initiation systems.

Initiation systems shall be used in accordance with the manufacturer's instructions.

S 56.6309 Fuel oil requirements for ANFO.

(a) Liquid hydrocarbon fuels with flash points lower than that of No. 2 diesel oil (125 oF) shall not be used to prepare ammonium nitrate-fuel oil, except that diesel fuels with flash points no lower than 100 oF may be used at ambient air temperatures below 45 oF.

(b) Waste oil, including crankcase oil, shall not be used to prepare ammonium nitrate-fuel oil.

S 56.6310 Misfire waiting period.

When a misfire is suspected, persons shall not enter the blast area—

(a) For 30 minutes if safety fuse and blasting caps are used; or

(b) For 15 minutes if any other type detonators are used.

S 56.6311 Handling of misfires.

(a) Faces and muck piles shall be examined for misfires after each blasting operation.

(b) Only work necessary to remove a misfire and protect the safety of miners engaged in the removal shall be permitted in the affected area until the misfire is disposed of in a safe manner.

(c) When a misfire cannot be disposed of safely, each approach to the area affected by the misfire shall be posted with a warning sign at a conspicuous location to prohibit entry, and the condition shall be reported immediately to mine management.

(d) Misfires occurring during the shift shall be reported to mine management not later than the end of the shift.

S 56.6312 Secondary blasting.

Secondary blasts fired at the same time in the same work area shall be initiated from one source.

S 56.6313 Blast site security

Areas in which loading is suspended or loaded holes are awaiting firing shall be attended, barri- caded and posted, or flagged against unauthorized entry.

ELECTRIC BLASTING

S 56.6400 Compatibility of electric detonators.

All electric detonators to be fired in a round shall be from the same manufacturer and shall have similar electrical firing characteristics.

S 56.6401 Shunting.

Except during testing—

(a) Electric detonators shall be kept shunted until connected to the blasting line or wired into a blasting round;

(b) Wired rounds shall be kept shunted until connected to the blasting line; and

S 56.6402 Deenergized circuits near detonators.

Electrical distribution circuits within 50 feet of electric detonators at the blast site shall be deenergized. Such circuits need not be deenergized between 25 to 50 feet of the electric detonators if stray current tests, conducted as frequently as necessary, indicate a maximum stray current of less than 0.05 amperes through a 1-ohm resistor as measured at the blast site.

S 56.6403 Branch circuits.

(a) If electric blasting includes the use of branch circuits, each branch shall be equipped with a safety switch or equivalent method to isolate the circuits to be used.

(b) At least one safety switch or equivalent method of protection shall be located outside the blast area and shall be in the open position until persons are withdrawn.

S 56.6404 Separation of blasting circuits from power source.

(a) Switches used to connect the power source to a blasting circuit shall be locked in the open position except when closed to fire the blast.

(b) Lead wires shall not be connected to the blasting switch until the shot is ready to be fired.

S 56.6405 Firing devices.

(a) Power sources shall be capable of delivering sufficient current to energize all electric detona- tors to be fired with the type of circuits used. Storage or dry cell batteries are not permitted as power sources.

(b) Blasting machines shall be tested, repaired, and maintained in accordance with manufacturer's instructions.

S 56.6406 Duration of current flow.

If any part of a blast is connected in parallel and is to be initiated from powerlines or lighting circuits, the time of current flow shall be limited to a maximum of 25 milliseconds. This can be accom- plished by incorporating an arcing control device in the blasting circuit or by interrupting the circuit with an explosive device attached to one or both lead lines and initiated by a 25-millisecond delay electric detonator.

S 56.6407 Circuit testing.

A blasting galvanometer or other instrument designed for testing blasting circuits shall be used to test each of the following:

(a) Continuity of each electric detonator in the blasthole prior to stemming and connection to the blasting line.

(b) Resistance of individual series or the resistance of multiple balanced series to be connected in parallel prior to their connection to the blasting line.

(d) Total blasting circuit resistance prior to connection to the power source.

NONELECTRIC BLASTING

S 56.6500 Damaged initiating material.

A visual check of the completed circuit shall be made to ensure that the components are properly aligned and connected. Safety fuse, igniter cord, detonating cord, shock or gas tubing, and similar mate- rial which is kinked, bent sharply, or damaged shall not be used.

S 56.6501 Nonelectric initiation systems.

(a) When the nonelectric initiation system uses shock tube—

(1) Connections with other initiation devices shall be secured in a manner which provides for uninterrupted propagation;

(2) Factory-made units shall be used as assembled and shall not be cut except that a single splice is permitted on the lead-in trunkline during dry conditions; and

(3) Connections between blastholes shall not be made until immediately prior to clearing the blast site when surface delay detonators are used.

(b) When the nonelectric initiation system uses detonating cord—

(1) The line of detonating cord extending out of a blasthole shall be cut from the supply spool immediately after the attached explosive is correctly positioned in the hole;

(2) In multiple row blasts, the trunkline layout shall be designed so that the detonation can reach each blasthole from at least two directions;

(3) Connections shall be tight and kept at right angles to the trunkline;

(4) Detonators shall be attached securely to the side of the detonating cord and pointed in the direction in which detonation is to proceed;

(5) Connections between blastholes shall not be made until immediately prior to clearing the blast site when surface delay detonators are used; and

(6) Lead-in lines shall be manually unreeled if connected to the trunklines at the blast site.

S 56.6502 Safety fuse.

(a) The burning rate of each spool of safety fuse to be used shall be measured, posted in locations which will be conspicuous to safety fuse users, and brought to the attention of all persons involved with the blasting operation.

(b) When firing with safety fuse ignited individually using handheld lighters, the safety fuse shall be of lengths which provide at least the minimum burning time for a particular size round, as specified in the following table.

TABLE E-1—SAFETY FUSE—MINIMUM BURNING TIME

Number of holes Minimum burning

in a round time

1......................................2 minutes/1

2-5....................................2 minutes 40 seconds

6-10...................................3 minutes 20 seconds

11 to 15 ..............................5 minutes.

1/For example, at least a 36-inch length of 40-second-per-foot safety fuse or at least a 48-inch length of 30-second-per-foot safety fuse would have to be used to allow sufficient time to evacuate the area.

(c) Where flyrock might damage exposed safety fuse, the blast shall be timed so that all safety fuses are burning within the blastholes before any blasthole detonates.

(d) Fuse shall be cut and capped in dry locations.

(e) Blasting caps shall be crimped to fuse only with implements designed for that purpose.

(f) Safety fuse shall be ignited only after the primer and the explosive material are securely in place.

(g) Safety fuse shall be ignited only with devices designed for that purpose. Carbide lights, liquefied petroleum gas torches, and cigarette lighters shall not be used to light safety fuse.

(h) At least two persons shall be present when lighting safety fuse, and no one shall light more than 15 individual fuses. If more than 15 holes per person are to be fired, electric initiation systems, igniter cord and connectors, or other nonelectric initiation systems shall be used.

EXTRANEOUS ELECTRICITY

S 56.6600 Loading practices.

If extraneous electricity is suspected in an area where electric detonators are used, loading shall be suspended until tests determine that stray current does not exceed 0.05 amperes through a 1-ohm resister when measured at the location of the electric detonators. If greater levels of extraneous electric- ity are found, the source shall be determined and no loading shall take place until the condition is cor- rected.

S 56.6601 Grounding.

Electric blasting circuits, including powerline sources when used, shall not be grounded.

S 56.6602 Static electricity dissipation during loading.

When explosive material is loaded pneumatically or dropped into a blasthole in a manner that could generate static electricity—

(a) An evaluation of the potential static electricity hazard shall be made and any hazard shall be eliminated before loading begins;

(b) The loading hose shall be of a semiconductive type, have a total of not more than 2 megohms of resistance over its entire length and not less than 1000 ohms of resistance per foot;

(d) Conductive parts of the loading equipment shall be bonded and grounded and grounds shall not be made to other potential sources of extraneous electricity; and

(e) Plastic tubes shall not be used as hole liners if the hole contains an electric detonator.

S 56.6603 Air gap.

At least a 15-foot air gap shall be provided between the blasting circuit and the electric power source.

S 56.6604 Precautions during storms.

During the approach and progress of an electrical storm, blasting operations shall be suspended and persons withdrawn from the blast area or to a safe location.

S 56.6605 Isolation of blasting circuits.

Lead wires and blasting lines shall be isolated and insulated from power conductors, pipelines, and railroad tracks, and shall be protected from sources of stray or static electricity. Blasting circuits shall be protected from any contact between firing lines and overhead powerlines which could result from the force of a blast.

EQUIPMENT/TOOLS

S 56.6700 Nonsparking tools.

Only nonsparking tools shall be used to open containers of explosive material or to punch holes in explosive cartridges.

S 56.6701 Tamping and loading pole requirements.

Tamping and loading poles shall be of wood or other nonconductive, nonsparking material. Couplings for poles shall be nonsparking.

MAINTENANCE

S 56.6800 Storage facilities.

When repair work which could produce a spark or flame is to be performed on a storage facil- ity—

(a) The explosive material shall be moved to another facility, or moved at least 50 feet from the repair activity and monitored; and

(b) The facility shall be cleaned to prevent accidental detonation.

S 56.6801 Vehicle repair.

Vehicles containing explosive material and oxidizers shall not be taken into a repair garage or shop.

S 56.6802 Bulk delivery vehicles.

No welding or cutting shall be performed on a bulk delivery vehicle until the vehicle has been washed down and all explosive material has been removed. Before welding or cutting on a hollow shaft, the shaft shall be thoroughly cleaned inside and out and vented with a minimum 1/2 inch diameter opening to allow for sufficient ventilation.

S 56.6803 Blasting lines.

Permanent blasting lines shall be properly supported. All blasting lines shall be insulated and kept in good repair.

GENERAL REQUIREMENTS

S 56.6900 Damaged or deteriorated explosive material.

Damaged or deteriorated explosive material shall be disposed of in a safe manner in accordance with the instructions of the manufacturer.

S 56.6901 Black powder.

(a) Black powder shall be used for blasting only when a desired result cannot be obtained with another type of explosive, such as in quarrying certain types of dimension stone.

(b) Containers of black powder shall be—

(1) Nonsparking;

(2) Kept in a totally enclosed cargo space while being transported by a vehicle;

(3) Securely closed at all times when—

(i) Within 50 feet of any magazine or open flame,

(ii) Within any building in which a fuel-fired or exposed-element electric heater is operating, or

(iii) In an area where electrical or incandescent-particle sparks could result in powder ignition; and

(4) Opened only when the powder is being transferred to a blasthole or another container and only in locations not listed in paragraph (b)(3) of this section.

(d) Spills shall be cleaned up promptly with nonsparking equipment. Contaminated powder shall be put into a container of water and shall be disposed of promptly after the granules have disintegrated, or the spill area shall be flushed promptly with water until the granules have disintegrated completely.

(e) Misfires shall be disposed of by washing the stemming and powder charge from the blasthole, and removing and disposing of the initiator in accordance with the requirement for damaged explosives.

(f) Holes shall not be reloaded for at least 12 hours when the blastholes have failed to break as planned.

S 56.6902 Excessive temperatures.

(a) Where heat could cause premature detonation, explosive material shall not be loaded into hot areas, such as kilns or sprung holes.

(b) When blasting sulfide ores where hot holes occur that may react with explosive material in blastholes, operators shall—

(1) Measure an appropriate number of blasthole temperatures in order to assess the specific mine conditions prior to the introduction of explosive material;

(2) Limit the time between the completion of loading and the initiation of the blast to no more than 12 hours; and

(3) Take other special precautions to address the specific conditions at the mine to prevent premature detonation.

S 56.6903 Burning explosive material.

If explosive material is suspected of burning at the blast site, persons shall be evacuated from the endangered area and shall not return for at least one hour after the burning or suspected burning has stopped.

S 56.6904 Smoking and open flames.

Smoking and use of open flames shall not be permitted within 50 feet of explosive material except when separated by permanent noncombustible barriers. This standard does not apply to devices designed to ignite safety fuse or to heating devices which do not create a fire or explosion hazard.

Subpart F—Drilling and Rotary Jet Piercing

Drilling

S 56.7002 Equipment defects.

Equipment defects affecting safety shall be corrected before the equipment is used.

S 56.7003 Drill area inspection.

The drilling area shall be inspected for hazards before starting the drilling operations.

S 56.7004 Drill mast.

Persons shall not be on a mast while the drill-bit is in operation unless they are provided with a safe platform from which to work and they are required to use safety belts to avoid falling.

S 56.7005 Augers and drill stems.

Drill crews and others shall stay clear of augers or drill stems that are in motion. Persons shall not pass under or step over a moving stem or auger.

S 56.7008 Moving the drill.

When a drill is being moved from one drilling area to another, drill steel, tools, and other equip- ment shall be secured and the mast placed in a safe position.

S 56.7009 Drill helpers.

If a drill helper assists the drill operator during movement of a drill to a new location, the helper shall be in sight of, or in communication with, the operator at all times.

S 56.7010 Power failures.

In the event of power failure, drill controls shall be placed in the neutral position until power is restored.

S 56.7011 Straightening crossed cables.

The drill stem shall be resting on the bottom of the hole or on the platform with the stem secured to the mast before attempts are made to straighten a crossed cable on a reel.

S 56.7012 Tending drills in operation.

While in operation, drills shall be attended at all times.

S 56.7013 Covering or guarding drill holes.

Drill holes large enough to constitute a hazard shall be covered or guarded.

S 56.7018 Hand clearance.

Persons shall not hold the drill steel while collaring holes, or rest their hands on the chuck or centralizer while drilling.

S 56.7050 Tool and drill steel racks.

Receptacles or racks shall be provided for drill steel and tools stored or carried on drills.

S 56.7051 Loose objects on the mast or drill platform.

To prevent injury to personnel, tools and other objects shall not be left loose on the mast or drill platform.

S 56.7052 Drilling positions.

Persons shall not drill from—

(a) Positions which hinder their access to the control levers;

(b) Insecure footing or insecure staging; or

S 56.7053 Moving hand-held drills.

Before hand-held drills are moved from one working area to another, air shall be turned off and bled from the hose.

S 56.7055 Intersecting holes.

Holes shall not be drilled where there is a danger of intersecting a misfired hole or a hole con- taining explosives, blasting agents, or detonators.

[56 FR 46508, Sept. 12, 1991]

S 56.7056 Collaring in bootlegs.

Holes shall not be collared in bootlegs.

[56 FR 46508, Sept. 12, 1991]

Rotary Jet Piercing

S 56.7801 Jet drills.

Jet piercing drills shall be provided with—

(a) A system to pressurize the equipment operator's cab, when a cab is provided; and

(b) A protective cover over the oxygen flow indicator.

S 56.7802 Oxygen hose lines.

Safety chains or other suitable locking devices shall be provided across connections to and between high pressure oxygen hose lines of 1-inch inside diameter or larger.

S 56.7803 Lighting the burner.

A suitable means of protection shall be provided for the employee when lighting the burner.

S 56.7804 Refueling.

When rotary jet piercing equipment requires refueling at locations other than fueling stations, a system for fueling without spillage shall be provided.

S 56.7805 Smoking and open flames.

Persons shall not smoke and open flames shall not be used in the vicinity of the oxygen storage and supply lines. Signs warning against smoking and open flames shall be posted in these areas.

S 56.7806 Oxygen intake coupling.

The oxygen intake coupling on jet-piercing drills shall be constructed so that only the oxygen hose can be coupled to it.

S 56.7807 Flushing the combustion chamber.

The combustion chamber of a jet drill stem which has been sitting unoperated in a drill hole shall be flushed with a suitable solvent after the stem is pulled up.

Subpart G—[Reserved]

Subpart H—Loading, Hauling, and Dumping

Source: 53 FR 32520, Aug. 25, 1988, unless otherwise noted.

S 56.9000 Definitions.

The following definitions apply in this subpart:

Berm. A pile or mound of material along an elevated roadway capable of moderating or limiting the force of a vehicle in order to impede the vehicle's passage over the bank of the roadway.

Mobile equipment. Wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved.

Traffic Safety

S 56.9100 Traffic control.

To provide for the safe movement of self-propelled mobile equipment—

(a) Rules governing speed, right-of-way, direction of movement, and the use of headlights to assure appropriate visibility, shall be established and followed at each mine; and

(b) Signs or signals that warn of hazardous conditions shall be placed at appropriate locations at each mine.

S 56.9101 Operating speeds and control of equipment.

Operators of self-propelled mobile equipment shall maintain control of the equipment while it is in motion. Operating speeds shall be consistent with conditions of roadways, tracks, grades, clearance, visibility, and traffic, and the type of equipment used.

S 56.9102 Movement of independently operating rail equipment.

Movement of two or more pieces of rail equipment operating independently on the same track shall be controlled for safe operation.

S 56.9103 Clearance on adjacent tracks.

Railcars shall not be left on side tracks unless clearance is provided for traffic on adjacent tracks.

S 56.9104 Railroad crossings.

Designated railroad crossings shall be posted with warning signs or signals, or shall be guarded when trains are passing. These crossings shall also be planked or filled between the rails.

Transportation of Persons and Materials

S 56.9200 Transporting persons.

Persons shall not be transported—

(a) In or on dippers, forks, clamshells, or buckets except shaft buckets during shaft-sinking operations or during inspection, maintenance and repair of shafts.

(b) In beds of mobile equipment or railcars, unless—

(1) Provisions are made for secure travel, and

(2) Means are taken to prevent accidental unloading if the equipment is provided with unloading devices;

(d) Outside cabs, equipment operators' stations, and beds of mobile equipment, except when necessary for maintenance, testing, or training purposes, and provisions are made for secure travel. This provision does not apply to rail equipment.

(e) Between cars of trains, on the leading end of trains, on the leading end of a single railcar, or in other locations on trains that expose persons to hazards from train movement.

(1) This paragraph does not apply to car droppers if they are secured with safety belts and lines which prevent them from falling off the work platform.

(2) Brakemen and trainmen are prohibited from riding between cars of moving trains, but may ride on the leading end of trains or other locations when necessary to perform their duties;

(f) To and from work areas in overcrowded mobile equipment;

(g) In mobile equipment with materials or equipment unless the items are secured or are small and can be carried safely by hand without creating a hazard to persons; or

(h) On conveyors unless the conveyors are designed to provide for their safe transportation.

S 56.9201 Loading, hauling, and unloading of equipment or supplies.

Equipment and supplies shall be loaded, transported, and unloaded in a manner which does not create a hazard to persons from falling or shifting equipment or supplies.

S 56.9202 Loading and hauling large rocks.

Large rocks shall be broken before loading if they could endanger persons or affect the stability of mobile equipment. Mobile equipment used for haulage of mined material shall be loaded to minimize spillage where a hazard to persons could be created.

Safety Devices, Provisions, and Procedures for Roadways, Railroads, and Loading and Dumping Sites

S 56.9300 Berms or guardrails.

(a) Berms or guardrails shall be provided and maintained on the banks of roadways where a drop- off exists of sufficient grade or depth to cause a vehicle to overturn or endanger persons in equipment.

(b) Berms or guardrails shall be at least mid-axle height of the largest self-propelled mobile equipment which usually travels the roadway.

(d) Where elevated roadways are infrequently traveled and used only by service or maintenance vehicles, berms or guardrails are not required when all of the following are met:

(1) Locked gates are installed at the entrance points to the roadway.

(2) Signs are posted warning that the roadway is not bermed.

(3) Delineators are installed along the perimeter of the elevated roadway so that, for both direc- tions of travel, the reflective surfaces of at least three delineators along each elevated shoulder are always visible to the driver and spaced at intervals sufficient to indicate the edges and attitude of the roadway.

(4) A maximum speed limit is posted and observed for the elevated unbermed portions of the roadway. Factors to consider when establishing the maximum speed limit shall include the width, slope and alignment of the road, the type of equipment using the road, the road material, and any hazardous conditions which may exist.

(5) Road surface traction is not impaired by weather conditions, such as sleet and snow, unless corrective measures are taken to improve traction.

(e) This standard is not applicable to rail beds.

[53 FR 32520, Aug. 25, 1988, as amended at 55 FR 37218, Sept. 7, 1990]

S 56.9301 Dump site restraints.

Berms, bumper blocks, safety hooks, or similar impeding devices shall be provided at dumping locations where there is a hazard of overtravel or overturning.

S 56.9302 Protection against moving or runaway railroad equipment.

Stopblocks, derail devices, or other devices that protect against moving or runaway rail equip- ment shall be installed wherever necessary to protect persons.

S 56.9303 Construction of ramps and dumping facilities.

Ramps and dumping facilities shall be designed and constructed of materials capable of support- ing the loads to which they will be subjected. The ramps and dumping facilities shall provide width, clearance, and headroom to safely accommodate the mobile equipment using the facilities.

S 56.9304 Unstable ground.

(a) Dumping locations shall be visually inspected prior to work commencing and as ground conditions warrant.

(b) Where there is evidence that the ground at a dumping location may fail to support the mobile equipment, loads shall be dumped a safe distance back from the edge of the unstable area of the bank.

S 56.9305 Truck spotters.

(a) If truck spotters are used, they shall be in the clear while trucks are backing into dumping position or dumping.

(b) Spotters shall use signal lights to direct trucks where visibility is limited.

S 56.9306 Warning devices for restricted clearances.

Where restricted clearance creates a hazard to persons on mobile equipment, warning devices shall be installed in advance of the restricted area and the restricted area shall be conspicuously marked.

S 56.9307 Design, installation, and maintenance of railroads.

Roadbeds and all elements of the railroad tracks shall be designed, installed, and maintained to provide safe operation consistent with the speed and type of haulage used.

S 56.9308 Switch throws.

Switch throws shall be installed to provide clearance to protect switchmen from contact with moving trains.

S 56.9309 Chute design.

Chute-loading installations shall be designed to provide a safe location for persons pulling chutes.

S 56.9310 Chute hazards.

(a) Prior to chute-pulling, persons who could be affected by the draw or otherwise exposed to danger shall be warned and given time to clear the hazardous area.

(b) Persons attempting to free chute hangups shall be experienced and familiar with the task, know the hazards involved, and use the proper tools to free material.

(c) When broken rock or material is dumped into an empty chute, the chute shall be equipped with a guard or all persons shall be isolated from the hazard of flying rock or material.

S 56.9311 Anchoring stationary sizing devices.

Grizzlies and other stationary sizing devices shall be securely anchored.

S 56.9312 Working around drawholes.

Unless platforms or safety lines are used, persons shall not position themselves over drawholes if there is danger that broken rock or material may be withdrawn or bridged.

S 56.9313 Roadway maintenance.

Water, debris, or spilled material on roadways which creates hazards to the operation of mobile equipment shall be removed.

S 56.9314 Trimming stockpile and muckpile faces.

Stockpile and muckpile faces shall be trimmed to prevent hazards to persons.

S 56.9315 Dust control.

Dust shall be controlled at muck piles, material transfer points, crushers, and on haulage roads where hazards to persons would be created as a result of impaired visibility.

S 56.9316 Notifying the equipment operator.

When an operator of self-propelled mobile equipment is present, persons shall notify the equip- ment operator before getting on or off that equipment.

S 56.9317 Suspended loads.

Persons shall not work or pass under the buckets or booms of loaders in operation.

S 56.9318 Getting on or off moving equipment.

Persons shall not get on or off moving mobile equipment. This provision does not apply to trainmen, brakemen, and car droppers who are required to get on or off slowly moving trains in the performance of their work duties.

S 56.9319 Going over, under, or between railcars.

Persons shall not go over, under, or between railcars unless:

(a) The train is stopped; and

(b) The train operator, when present, is notified and the notice acknowledged.

S 56.9330 Clearance for surface equipment.

Continuous clearance of at least 30 inches from the farthest projection of moving railroad equip- ment shall be provided on at least one side of the tracks at all locations where possible or the area shall be marked conspicuously.

Subpart I—Aerial Tramways

S 56.10001 Filling buckets.

Buckets shall not be overloaded, and feed shall be regulated to prevent spillage.

S 56.10002 Inspection and maintenance.

Inspection and maintenance of carriers (including loading and unloading mechanisms), ropes and supports, and brakes shall be performed by competent persons according to the recommendations of the manufacturer.

S 56.10003 Correction of defects.

Any hazardous defects shall be corrected before the equipment is used.

S 56.10004 Brakes.

Positive-action-type brakes and devices which apply the brakes automatically in the event of a power failure shall be provided on aerial tramways.

S 56.10005 Track cable connections.

Track cable connections shall not obstruct the passage of carriage wheels.

S 56.10006 Tower guards.

Towers shall be suitably protected from swaying buckets.

S 56.10007 Falling object protection.

Guard nets or other suitable protection shall be provided where tramways pass over roadways, walkways, or buildings.

S 56.10008 Riding tramways.

Persons other than maintenance persons shall not ride aerial tramways unless the following features are provided:

(a) Two independent brakes, each capable of holding the maximum load;

(b) Direct communication between terminals;

(d) Buckets equipped with positive locks to prevent accidental tripping or dumping.

S 56.10009 Riding loaded buckets.

Persons shall not ride loaded buckets.

S 56.10010 Starting precautions.

Where possible, aerial tramways shall not be started until the operator has ascertained that every- one is in the clear.

Subpart J—Travelways

S 56.11001 Safe access.

Safe means of access shall be provided and maintained to all working places.

S 56.11002 Handrails and toeboards.

Crossovers, elevated walkways, elevated ramps, and stairways shall be of substantial construc- tion provided with handrails, and maintained in good condition. Where necessary, toeboards shall be provided.

S 56.11003 Construction and maintenance of ladders.

Ladders shall be of substantial construction and maintained in good condition.

S 56.11004 Portable rigid ladders.

Portable rigid ladders shall be provided with suitable bases and placed securely when used.

S 56.11005 Fixed ladder anchorage and toe clearance.

Fixed ladders shall be anchored securely and installed to provide at least 3 inches of toe clear- ance.

S 56.11006 Fixed ladder landings.

Fixed ladders shall project at least 3 feet above landings, or substantial handholds shall be pro- vided above the landings.

S 56.11007 Wooden components of ladders.

Wooden components of ladders shall not be painted except with a transparent finish.

S 56.11008 Restricted clearance.

Where restricted clearance creates a hazard to persons, the restricted clearance shall be conspicu- ously marked.

[53 FR 32521, Aug. 25, 1988]

S 56.11009 Walkways along conveyors.

Walkways with outboard railings shall be provided wherever persons are required to walk along- side elevated conveyor belts. Inclined railed walkways shall be nonskid or provided with cleats.

S 56.11010 Stairstep clearance.

Vertical clearance above stair steps shall be a minimum of seven feet, or suitable warning signs or similar devices shall be provided to indicate an impaired clearance.

S 56.11011 Use of ladders.

Persons using ladders shall face the ladders and have both hands free for climbing and descend- ing.

S 56.11012 Protection for openings around travelways.

Openings above, below, or near travelways through which persons or materials may fall shall be protected by railings, barriers, or covers. Where it is impractical to install such protective devices, adequate warning signals shall be installed.

S 56.11013 Conveyor crossovers.

Crossovers shall be provided where it is necessary to cross conveyors.

S 56.11014 Crossing moving conveyors.

Moving conveyors shall be crossed only at designated crossover points.

S 56.11016 Snow and ice on walkways and travelways.

Regularly used walkways and travelways shall be sanded, salted, or cleared of snow and ice as soon as practicable.

S 56.11017 Inclined fixed ladders.

Fixed ladders shall not incline backwards.

S 56.11025 Railed landings, backguards, and other protection for fixed ladders.

Fixed ladders, except on mobile equipment, shall be offset and have substantial railed landings at least every 30 feet unless backguards or equivalent protection, such as safety belts and safety lines, are provided.

S 56.11026 Protection for inclined fixed ladders.

Fixed ladders 70 degrees to 90 degrees from the horizontal and 30 feet or more in length shall have backguards, cages or equivalent protection, starting at a point not more than seven feet from the bottom of the ladders.

S 56.11027 Scaffolds and working platforms.

Scaffolds and working platforms shall be of substantial construction and provided with handrails and maintained in good condition. Floor boards shall be laid properly and the scaffolds and working platforms shall not be overloaded. Working platforms shall be provided with toeboards when necessary.

Subpart K—Electricity

S 56.12001 Circuit overload protection.

Circuits shall be protected against excessive overload by fuses or circuit breakers of the correct type and capacity.

S 56.12002 Controls and switches.

Electric equipment and circuits shall be provided with switches or other controls. Such switches or controls shall be of approved design and construction and shall be properly installed.

S 56.12003 Trailing cable overload protection.

Individual overload protection or short circuit protection shall be provided for the trailing cables of mobile equipment.

S 56.12004 Electrical conductors.

Electrical conductors shall be of a sufficient size and current-carrying capacity to ensure that a rise in temperature resulting from normal operations will not damage the insulating materials. Electrical conductors exposed to mechanical damage shall be protected.

S 56.12005 Protection of power conductors from mobile equipment.

Mobile equipment shall not run over power conductors, nor shall loads be dragged over power conductors, unless the conductors are properly bridged or protected.

S 56.12006 Distribution boxes.

Distribution boxes shall be provided with a disconnecting device for each branch circuit. Such disconnecting devices shall be equipped or designed in such a manner that it can be determined by visual observation when such a device is open and that the circuit is deenergized, the distribution box shall be labeled to show which circuit each device controls.

S 56.12007 Junction box connection procedures.

Trailing cable and power-cable connections to junction boxes shall not be made or broken under load.

S 56.12008 Insulation and fittings for power wires and cables.

Power wires and cables shall be insulated adequately where they pass into or out of electrical compartments. Cables shall enter metal frames of motors, splice boxes, and electrical compartments only through proper fittings. When insulated wires, other than cables, pass through metal frames, the holes shall be substantially bushed with insulated bushings.

S 56.12010 Isolation or insulation of communication conductors.

Telephone and low-potential signal wire shall be protected, by isolation or suitable insulation, or both, from contacting energized power conductors or any other power source.

S 56.12011 High-potential electrical conductors.

High-potential electrical conductors shall be covered, insulated, or placed to prevent contact with low potential conductors.

S 56.12012 Bare signal wires.

The potential on bare signal wires accessible to contact by persons shall not exceed 48 volts.

S 56.12013 Splices and repairs of power cables.

Permanent splices and repairs made in power cables, including the ground conductor where provided, shall be:

(a) Mechanically strong with electrical conductivity as near as possible to that of the original;

(b) Insulated to a degree at least equal to that of the original, and sealed to exclude moisture; and

(c) Provided with damage protection as near as possible to that of the original, including good bonding to the outer jacket.

S 56.12014 Handling energized power cables.

Power cables energized to potentials in excess of 150 volts, phase-to-ground, shall not be moved with equipment unless sleds or slings, insulated from such equipment, are used. When such energized cables are moved manually, insulated hooks, tongs, ropes, or slings shall be used unless suitable protec- tion for persons is provided by other means. This does not prohibit pulling or dragging of cable by the equipment it powers when the cable is physically attached to the equipment by suitable mechanical devices, and the cable is insulated from the equipment in conformance with other standards in this part.

S 56.12016 Work on electrically-powered equipment.

Electrically powered equipment shall be deenergized before mechanical work is done on such equipment. Power switches shall be locked out or other measures taken which shall prevent the equip- ment from being energized without the knowledge of the individuals working on it. Suitable warning notices shall be posted at the power switch and signed by the individuals who are to do the work. Such locks or preventive devices shall be removed only by the persons who installed them or by authorized personnel.

S 56.12017 Work on power circuits.

Power circuits shall be deenergized before work is done on such circuits unless hot-line tools are used. Suitable warning signs shall be posted by the individuals who are to do the work. Switches shall be locked out or other measures taken which shall prevent the power circuits from being energized without the knowledge of the individuals working on them. Such locks, signs, or preventative devices shall be removed only by the person who installed them or by authorized personnel.

S 56.12018 Identification of power switches.

Principal power switches shall be labeled to show which units they control, unless identification can be made readily by location.

S 56.12019 Access to stationary electrical equipment or switchgear.

Where access is necessary, suitable clearance shall be provided at stationary electrical equipment or switchgear.

S 56.12020 Protection of persons at switchgear.

Dry wooden platforms, insulating mats, or other electrically nonconductive material shall be kept in place at all switchboards and power-control switches where shock hazards exist. However, metal plates on which a person normally would stand and which are kept at the same potential as the grounded, metal, non-current-carrying parts of the power switches to be operated may be used.

S 56.12021 Danger signs.

Suitable danger signs shall be posted at all major electrical installations.

S 56.12022 Authorized persons at major electrical installations.

Areas containing major electrical installations shall be entered only by authorized persons.

S 56.12023 Guarding electrical connections and resistor grids.

Electrical connections and resistor grids that are difficult or impractical to insulate shall be guarded, unless protection is provided by location.

S 56.12025 Grounding circuit enclosures.

All metal enclosing or encasing electrical circuits shall be grounded or provided with equivalent protection. This requirement does not apply to battery-operated equipment.

S 56.12026 Grounding transformer and switchgear enclosures.

Metal fencing and metal buildings enclosing transformers and switchgear shall be grounded.

S 56.12027 Grounding mobile equipment.

Frame grounding or equivalent protection shall be provided for mobile equipment powered through trailing cables.

S 56.12028 Testing grounding systems.

Continuity and resistance of grounding systems shall be tested immediately after installation, repair, and modification; and annually thereafter. A record of the resistance measured during the most recent tests shall be made available on a request by the Secretary or his duly authorized representative and the State Mine Inspector.

S 56.12030 Correction of dangerous conditions.

When a potentially dangerous condition is found it shall be corrected before equipment or wiring is energized.

S 56.12032 Inspection and cover plates.

Inspection and cover plates on electrical equipment and junction boxes shall be kept in place at all times except during testing or repairs.

S 56.12033 Hand-held electric tools.

Hand-held electric tools shall not be operated at high potential voltages.

S 56.12034 Guarding around lights.

Portable extension lights, and other lights that by their location present a shock or burn hazard, shall be guarded.

S 56.12035 Weatherproof lamp sockets.

Lamp sockets shall be of a weatherproof type where they are exposed to weather or wet condi- tions that may interfere with illumination or create a shock hazard.

S 56.12036 Fuse removal or replacement.

Fuses shall not be removed or replaced by hand in an energized circuit, and they shall not other- wise be removed or replaced in an energized circuit unless equipment and techniques especially de- signed to prevent electrical shock are provided and used for such purpose.

S 56.12037 Fuses in high-potential circuits.

Fuse tongs or hot line tools shall be used when fuses are removed or replaced in high-potential circuits.

S 56.12038 Attachment of trailing cables.

Trailing cables shall be attached to machines in a suitable manner to protect the cable from damage and to prevent strain on the electrical connections.

S 56.12039 Protection of surplus trailing cables.

Surplus trailing cables to shovels, cranes and similar equipment shall be—

(a) Stored in cable boats;

(b) Stored on reels mounted on the equipment; or

S 56.12040 Installation of operating controls.

Operating controls shall be installed so that they can be operated without danger of contact with energized conductors.

S 56.12041 Design of switches and starting boxes.

Switches and starting boxes shall be of safe design and capacity.

S 56.12042 Track bonding.

Both rails shall be bonded or welded at every joint and rails shall be crossbonded at least every 200 feet if the track serves as the return trolley circuit. When rails are moved, replaced, or broken bonds are discovered, they shall be rebonded within three working shifts.

S 56.12045 Overhead powerlines.

Overhead high-potential powerlines shall be installed as specified by the National Electrical Code.

S 56.12047 Guy wires.

Guy wires of poles supporting high-voltage transmission lines shall meet the requirements for grounding or insulator protection of the National Electrical Safety Code, part 2, entitled "Safety Rules for the Installation and Maintenance of Electric Supply and Communication Lines" (also referred to as National Bureau of Standards Handbook 81, November 1, 1961) and Supplement 2 thereof issued March 1968, which are hereby incorporated by reference and made a part hereof. These publications and docu- ments may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or may be examined in any Metal and Nonmetal Mine Safety and Health District or Subdistrict Office of the Mine Safety and Health Administration.

S 56.12048 Communication conductors on power poles.

Telegraph, telephone, or signal wires shall not be installed on the same crossarm with power conductors. When carried on poles supporting powerlines, they shall be installed as specified by the National Electrical Code.

S 56.12050 Installation of trolley wires.

Trolley wires shall be installed at least seven feet above rails where height permits, and aligned and supported to suitably control sway and sag.

S 56.12053 Circuits powered from trolley wires.

Ground wires for lighting circuits powered from trolley wires shall be connected securely to the ground-return circuit.

S 56.12065 Short circuit and lightning protection.

Powerlines, including trolley wires, and telephone circuits shall be protected against short cir- cuits and lightning.

S 56.12066 Guarding trolley wires and bare powerlines.

Where metallic tools or equipment can come in contact with trolley wires or bare powerlines, the lines shall be guarded or deenergized.

S 56.12067 Installation of transformers.

Transformers shall be totally enclosed, or shall be placed at least 8 feet above the ground, or installed in a transformer house, or surrounded by a substantial fence at least 6 feet high and at least 3 feet from any energized parts, casings, or wiring.

S 56.12068 Locking transformer enclosures.

Transformer enclosures shall be kept locked against unauthorized entry.

S 56.12069 Lightning protection for telephone wires and ungrounded conductors.

Each ungrounded power conductor or telephone wire that leads underground and is directly exposed to lightning shall be equipped with suitable lightning arrestors of approved type within 100 feet of the point where the circuit enters the mine. Lightning arrestors shall be connected to a low resistance grounding medium on the surface and shall be separated from neutral grounds by a distance of not less than 25 feet.

S 56.12071 Movement or operation of equipment near high-voltage power lines.

When equipment must be moved or operated near energized high-voltage powerlines (other than trolley lines) and the clearance is less than 10 feet, the lines shall be deenergized or other precautionary measures shall be taken.

Subpart L—Compressed Air and Boilers

S 56.13001 General requirements for boilers and pressure vessels.

All boilers and pressure vessels shall be constructed, installed, and maintained in accordance with the standards and specifications of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.

S 56.13010 Reciprocating-type air compressors.

(a) Reciprocating-type air compressors rated over 10 horsepower shall be equipped with auto- matic temperature-actuated shutoff mechanisms which shall be set or adjusted to the compressor when the normal operating temperature is exceeded by more than 25 percent.

(b) However, this standard does not apply to reciprocating-type air compressors rated over 10 horsepower if equipped with fusible plugs that were installed in the compressor discharge lines before November 15, 1979, and designed to melt at temperatures at least 50 degrees below the flash point of the compressors' lubricating oil.

S 56.13011 Air receiver tanks.

Air receiver tanks shall be equipped with one or more automatic pressure-relief valves. The total relieving capacity of the relief valves shall prevent pressure from exceeding the maximum allowable working pressure in a receiver tank by not more than 10 percent. Air receiver tanks also shall be equipped with indicating pressure gauges which accurately measure the pressure within the air receiver tanks.

S 56.13012 Compressor air intakes.

Compressor air intakes shall be installed to ensure that only clean, uncontaminated air enters the compressors.

S 56.13015 Inspection of compressed-air receivers and other unfired pressure vessels.

(a) Compressed-air receivers and other unfired pressure vessels shall be inspected by inspectors holding a valid National Board Commission and in accordance with the applicable chapters of the National Board Inspection Code, a Manual for Boiler and Pressure Vessel Inspectors, 1979. This code is incorporated by reference and made a part of this standard. It may be examined at any Metal and Non- metal Mine Safety and Health District Office of the Mine Safety and Health Administration, and may be obtained from the publisher, the National Board of Boiler and Pressure Vessel Inspector, 1055 Crupper Avenue, Columbus, Ohio 43229.

(b) Records of inspections shall be kept in accordance with requirements of the National Board Inspection Code, and the records shall be made available to the Secretary or his authorized representative and the State Mine Inspector.

S 56.13017 Compressor discharge pipes.

Compressor discharge pipes where carbon build-up may occur shall be cleaned periodically as recommended by the manufacturer, but no less frequently than once every two years.

S 56.13019 Pressure system repairs.

Repairs involving the pressure system of compressors, receivers, or compressed-air-powered equipment shall not be attempted until the pressure has been bled off.

S 56.13020 Use of compressed air.

At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury.

S 56.13021 High-pressure hose connections.

Except where automatic shutoff valves are used, safety chains or other suitable locking devices shall be used at connections to machines of high-pressure hose lines of 3/4-inch inside diameter or larger, and between high-pressure hose lines of 3/4-inch inside diameter or larger, where a connection failure would create a hazard.

S 56.13030 Boilers.

(a) Fired pressure vessels (boilers) shall be equipped with water level gauges, pressure gauges, automatic pressure-relief valves, blowdown piping, and other safety devices approved by the American Society of Mechanical Engineers to protect against hazards from overpressure, flameouts, fuel interrup- tions and low water level, all as required by the appropriate sections, chapters and appendices listed in paragraphs (b)(1) and (2) of this section.

(b) These gauges, devices and piping shall be designed, installed, operated, maintained, repaired, altered, inspected, and tested by inspectors holding a valid National Board Commission and in accor- dance with the following listed sections, chapters and appendices:

(1) The ASME Boiler and Pressure Vessel Code, 1977, Published by the American Society of Mechanical Engineers.

Section and Title

I Power Boilers.

II Material Specifications—Part A—Ferrous.

II Material Specifications—Part B—Non-ferrous.

II Material Specifications—Part C—Welding Rods, Electrodes, and Filler Metals.

IV Heating Boilers

V Nondestructive Examination

VI Recommended Rules for Care and Operation of Heating Boilers

VII Recommended Rules for Care of Power Boilers

(2) The National Board Inspection Code, a Manual for Boiler and Pressure Vessel Inspectors, 1979, published by the National Board of Boiler and Pressure Vessel Inspectors.

Chapter and Title

I Glossary of Terms

II Inspection of Boilers and Pressure Vessels

III Repairs and Alterations to Boiler and Pressure Vessels by Welding

IV Shop Inspection of Boilers and Pressure Vessels

V Inservice Inspection of Pressure Vessels by Authorized Owner-User Inspection Agencies

Appendix and Title

A Safety and Safety Relief Valves

B Non-ASME Code Boilers and Pressure Vessels

C Storage of Mild Steel Covered Arc Welding Electrodes

D-R National Board "R" (Repair) Symbol Stamp

D-VR National Board "VR" (Repair of Safety and Safety Relief Valve) Symbol Stamp

D-VR1 Certificate of Authorization for Repair Symbol Stamp for Safety and Safety Relief Valves

D-VR2 Outline of Basic Elements of Written Quality Control System for Repairers of ASME Safety and Safety Relief Valves

D-VR3 Nameplate Stamping for "VR" E Owner-user Inspection Agencies F Inspection Forms

(c) Records of inspections and repairs shall be kept in accordance with the requirements of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code. The records shall be made available to the Secretary or his authorized representative and the State Mine Inspector.

(d) Sections of the ASME Boiler and Pressure Vessel Code, 1977, listed in paragraph (b)(1) of this section, and chapters and appendices of the National Board Inspection Code, 1979, listed in para- graph (b)(2) of this section, are incorporated by reference and made a part of this standard. These publi- cations may be obtained from the publishers, the American Society of Mechanical Engineers, 345 East Forty-seventh Street, New York, N.Y. 10017, and the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229. The publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administra- tion or the State Mine Inspectors office.

Subpart M—Machinery and Equipment

Source: 53 FR 32521, Aug. 25, 1988, unless otherwise noted.

S 56.14000 Definitions.

The following definitions apply in this subpart.

Mobile equipment. Wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved.

Travelway. A passage, walk, or way regularly used or designated for persons to go from one place to another.

Safety Devices and Maintenance Requirements

S 56.14100 Safety defects; examination, correction and records.

(a) Self-propelled mobile equipment to be used during a shift shall be inspected by the equipment operator before being placed in operation on that shift.

(b) Defects on any equipment, machinery, and tools that affect safety shall be corrected in a timely manner to prevent the creation of a hazard to persons.

(c) When defects make continued operation hazardous to persons, the defective items including self-propelled mobile equipment shall be taken out of service and placed in a designated area posted for that purpose, or a tag or other effective method of marking the defective items shall be used to prohibit further use until the defects are corrected.

(d) Defects on self-propelled mobile equipment affecting safety, which are not corrected immedi- ately, shall be reported to and recorded by the mine operator. The records shall be kept at the mine or nearest mine office from the date the defects are recorded, until the defects are corrected. Such records shall be made available for inspection by an authorized representative of the Secretary and the State Mine Inspector.

S 56.14101 Brakes.

(a) Minimum requirements. (1) Self-propelled mobile equipment shall be equipped with a service brake system capable of stopping and holding the equipment with its typical load on the maximum grade it travels. This standard does not apply to equipment which is not originally equipped with brakes unless the manner in which the equipment is being operated requires the use of brakes for safe operation. This standard does not apply to rail equipment.

(2) If equipped on self-propelled mobile equipment, parking brakes shall be capable of holding the equipment with its typical load on the maximum grade it travels.

(3) All braking systems installed on the equipment shall be maintained in functional condition.

(b) Testing. (1) Service brake tests shall be conducted when an MSHA inspector or State Mine Inspector has reasonable cause to believe that the service brake system does not function as required, unless the mine operator removes the equipment from service for the appropriate repair;

(2) The performance of the service brakes shall be evaluated according to Table M-1.

Table M-1

Gross

vehicle

weight Equipment speed, MPH

lbs. 10 11 12 13 14 15 16 17 18 19 20

Service Brake Maximum Stopping Distance-Feet

36000 34 38 43 48 53 59 64 70 76 83 89

36000-

70000 41 46 52 58 62 70 76 83 90 97 104

70000-

140000 48 54 61 67 74 81 88 95 103 111 119

140000-

250000 56 62 69 77 84 92 100 108 116 125 133

250000 -

400000 59 66 74 81 89 97 105 114 123 132 141

Over

400000 63 71 78 86 94 103 111 120 129 139 148

Stopping distances are computed using a constant deceleration of 9.66 FPS2[S-squared] and system response times of .5.1, 1.5, 2, 2.25 and 2.5 seconds for each increasing weight category respectively. Stopping distance values include a one-second operator response time.

Table M-2.—The Speed of a Vehicle Can be Determined by Clocking it Through a 100-Foot Measured Course at Constant Velocity Using Table M-2. When the Service Brakes are Applied at the End of the Course, Stopping Distance Can be Measured and Compared to Table M-1.

Miles per

hour 10 11 12 13 14 15 16 17 18 19 20

Seconds

Required

Travel

100 Feet 6.8 6.2 5.7 5.2 4.9 4.5 4.3 4.0 3.8 3.6 3.4

(3) Service brake tests shall be conducted under the direction of the mine operator in cooperation with an according to the instructions provided by the MSHA inspector or State Mine Inspector as fol- lows:

(i) Equipment capable of traveling at least 10 miles per hour shall be tested with a typical load for that particular piece of equipment. Front-end loaders shall be tested with the loader bucket empty. Equipment shall not be tested when carrying hazardous loads, such as explosives.

(ii) The approach shall be sufficient length to allow the equipment operator to reach and maintain constant speed between 10 and 20 miles per hour prior to entering the 100 foot measured area. The constant speed shall be maintained up to the point when the equipment operator receives the signal to apply the brakes. The roadway shall be wide enough to accommodate the size of the equipment being tested. The ground shall be generally level, packed, and dry in the braking portion of the test course. Ground moisture may be present to the extent that it does not adversely affect the braking surface.

(iii) Braking is to be performed using only those braking systems, including auxiliary retarders, which are designed to bring the equipment to a stop under normal operating conditions. Parking or emergency (secondary) brakes are not to be actuated during the test.

(iv) The tests shall be conducted with the transmission in the gear appropriate for the speed the equipment is traveling except for equipment which is designed for the power train to be disengaged during braking.

(v) Testing speeds shall be a minimum of 10 miles per hour and a maximum of 20 miles per hour.

(vi) Stopping distances shall be measured from the point at which the equipment operator re- ceives the signal to apply the service brakes to the final stopped position.

(4) Test results shall be evaluated as follows:

(i) If the initial test run is valid and the stopping distance does not exceed the corresponding stopping distance listed in Table 1, the performance of the service brakes shall be considered acceptable.

For tests to be considered valid, the equipment shall not slide sideways or exhibit other lateral motion during the braking portion of the test.

(ii) If the equipment exceeds the maximum stopping distance in the initial test run, the mine operator may request from the inspector up to four additional test runs with two runs to be conducted in each direction. The performance of the service brakes shall be considered acceptable if the equipment does not exceed the maximum stopping distance on at least three of the additional tests.

(5) Where there is not an appropriate test site at the mine or the equipment is not capable or traveling at least 10 miles per hour, service brake tests will not be conducted. In such cases, the inspector will rely upon other available evidence to determine whether the service brake system meets the perfor- mance requirement of this standard.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

S 56.14102 Brakes for rail equipment.

Braking systems on railroad cars and locomotives shall be maintained in functional condition.

S 56.14103 Operators stations.

(a) If windows are provided on operators' stations of self-propelled mobile equipment, the windows shall be made of safety glass or material with equivalent safety characteristics. The windows shall be maintained to provide visibility for safe operation.

(b) If damaged windows obscure visibility necessary for safe operation, or create a hazard to the equipment operator, the windows shall be replaced or removed. Damaged windows shall be replaced if absence of a window would expose the equipment operator to hazardous environmental conditions which would affect the ability of the equipment operator to safely operate the equipment.

(1) Be free of materials that could create a hazard to persons by impairing the safe operation of the equipment; and

(2) Not be modified, in a manner that obscures visibility necessary for safe operation.

S 56.14104 Tire repairs.

(a) Before a tire is removed from a vehicle for tire repair, the valve core shall be partially re- moved to allow for gradual deflation and then removed. During deflation, to the extent possible, persons shall stand outside of the potential trajectory of the lock ring of a multi-piece wheel rim.

(b) To prevent injury from wheel rims during tire inflation, one of the following shall be used:

(1) A wheel cage or other restraining device that will constrain all wheel rim components during an explosive separation of a multi-piece wheel rim, or during the sudden release of contained air in a single piece rim wheel; or

(2) A stand-off inflation device which permits persons to stand outside of the potential trajectory of wheel components.

S 56.14105 Procedures during repairs or maintenance.

Repairs or maintenance of machinery or equipment shall be performed only after the power is off, and the machinery or equipment blocked against hazardous motion. Machinery or equipment motion or activation is permitted to the extent that adjustments or testing cannot be performed without motion or activation, provided that persons are effectively protected from hazardous motion.

S 56.14106 Falling object protection.

(a) Fork-lift trucks, front-end loaders, and bulldozers shall be provided with falling object protec- tive structures if used in an area where falling objects could create a hazard to the equipment operator.

(b) The protective structure shall be capable of withstanding the falling object loads to which it would be subjected.

S 56.14107 Moving machine parts.

(a) Moving machine parts shall be guarded to protect persons from contacting gears, sprockets, chains, drive, head, tail, and takeup pulleys, flywheels, couplings, shafts, fan blades, and similar moving parts that can cause injury.

(b) Guards shall not be required where the exposed moving parts are at least seven feet away from walking or working surfaces.

S 56.14108 Overhead drive belts.

Overhead drive belts shall be guarded to contain the whipping action of a broken belt if that action could be hazardous to persons.

S 56.14109 Unguarded conveyors with adjacent travelways.

Unguarded conveyors next to the travelways shall be equipped with—

(a) Emergency stop devices which are located so that a person falling on or against the conveyor can readily deactivate the conveyor drive motor; or

(b) Railings which—

(1) Are positioned to prevent persons from falling on or against the conveyor;

(2) Will be able to withstand the vibration, shock, and wear to which they will be subjected during normal operation; and

(3) Are constructed and maintained so that they will not create a hazard.

S 56.14110 Flying or falling materials.

In areas where flying or falling materials generated from the operation of screens, crushers, or conveyors present a hazard, guards, shields, or other devices that provide protection against such flying or falling materials shall be provided to protect persons.

S 56.14111 Slusher, backlash guards and securing.

(a) When persons are exposed to slushing operations, the slushers shall be equipped with rollers and drum covers and anchored securely before slushing operations are started.

(b) Slushers rated over 10 horsepower shall be equipped with backlash guards, unless the equip- ment operator is otherwise protected.

S 56.14112 Construction and maintenance of guards.

(a) Guards shall be constructed and maintained to—

(1) Withstand the vibration, shock, and wear to which they will be subjected during normal operation; and

(2) Not create a hazard by their use.

(b) Guards shall be securely in place while machinery is being operated, except when testing or making adjustments which cannot be performed without removal of the guard.

S 56.14113 Inclined conveyors: backstops or brakes.

Backstops or brakes shall be installed on drive units of inclined conveyors to prevent the convey- ors from running in reverse, creating a hazard to persons.

S 56.14114 Air valves for pneumatic equipment.

A manual master quick-close type air valve shall be installed on all pneumatic-powered equip- ment if there is a hazard of uncontrolled movement when the air supply is activated. The valve shall be closed except when the equipment is being operated.

S 56.14115 Stationary grinding machines.

Stationary grinding machines, other than special bit grinders, shall be equipped with—

(a) Peripheral hoods capable of withstanding the force of a bursting wheel and enclosing not less than 270o of the periphery of the wheel;

(b) Adjustable tool rests set so that the distance between the grinding surface of the wheel and the tool rest in not greater than 1/8 inch; and

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

S 56.14116 Hand-held power tools.

(a) Power drills, disc sanders, grinders and circular and chain saws, when used in the hand-held mode shall be operated with controls which require constant hand or finger pressure.

(b) Circular saws and chain saws shall not be equipped with devices which lock-on the operating controls.

S 56.14130 Roll-over protective structures (ROPS) and seat belts.

(a) Equipment included. Roll-over protective structures (ROPS) and seat belts shall be installed on—

(1) Crawler tractors and crawler loaders;

(2) Graders;

(3) Wheel loaders and wheel tractors;

(4) The tractor portion of semi-mounted scrapers, dumpers, water wagons, bottom-dump wagons, rear-dump wagons, and towed fifth wheel attachments;

(5) Skid-steer loaders; and

(6) Agricultural tractors.

(b) ROPS construction. ROPS shall meet the requirements of the following Society of Automo- tive Engineers (SAE) publications, as applicable, which are incorporated by reference:

(1) SAE J1040, "Performance Criteria for Roll-Over Protective Structures (ROPS) for Construc- tion, Earthmoving, Forestry, and Mining Machines", 1986; or

(2) SAE J1194, "Roll-Over Protective Structures (ROPS) for Wheeled Agricultural Tractors", 1983.

(1) The manufacturer's name and address;

(2) The ROPS model number; and

(3) The make and model number of the equipment for which the ROPS is designed.

(d) ROPS installation. ROPS shall be installed on the equipment in accordance with the recom- mendations of the ROPS manufacturer.

(e) ROPS maintenance. (1) ROPS shall be maintained in a condition that meets the performance requirements applicable to the equipment. It the ROPS is subjected to roll-over a abnormal structural loading, the equipment manufacturer or a registered professional engineer with knowledge and experi- ence in ROPS design shall recertify that the ROPS meets the applicable performance requirements before it is returned to service.

(2) Alterations or repairs on ROPS shall be performed only with approval from the ROPS manu- facturer or under the instructions of a registered professional engineer with knowledge and experience in ROPS design. The manufacturer or engineer shall certify that the ROPS meets the applicable perfor- mance requirements.

(f) Exemptions. (1) This standard does not apply to-

(i) Self-propelled mobile equipment manufactured prior to July 1, 1969;

(ii) Over-the-road type tractors that pull trailers or vans on highways;

(iii) Equipment that is only operated by remote control; and

(2) Self-propelled mobile equipment manufactured prior to October 24, 1988, that is equipped with ROPS and seat belts that meet the installation and performance requirements of 30 CFR 56.9088 (1986 edition) shall be considered in compliance with paragraphs (b) and (h) of this section.

(g) Wearing seat belts. Seat belts shall be worn by the equipment operator except that when operating graders from a standing position, the grader operator shall wear safety lines and a harness in place of a seat belt.

(h) Seat belts construction. Seat belts shall meet the requirements of SAE J386, "Operator Re- straint Systems for Off-Road Work Machines", 1985; or SAE J1194, "Roll-Over Protective Structures (ROPS) For Wheeled Agricultural Tractors", 1983, as applicable, which are incorporated by reference.

(i) Seat belt maintenance. Seat belts shall be maintained in functional condition, and replaced when necessary to assure proper performance.

(j) Publications. Publications incorporated by reference in this section have been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a). Copies are available from the Administrator for Metal and Nonmetal Mine Safety and Health, MSHA, 4015 Wilson Blvd., Arlington, Virginia 22203, and may be examined at any Metal and Nonmetal District Office. Copies may also be obtained from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096.

(Approved by the Office of Management and Budget under control number 1219-0089)

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

S 56.14131 Seat belts for haulage trucks.

(a) Seat belts shall be provided and worn in haulage trucks.

(b) Seat belts shall be maintained in functional condition, and replaced when necessary to assure proper performance.

(c) Seat belts required under this section shall meet the requirements of SAE J386, "Operator Restraint Systems for Off-Road Work Machines", 1985, which is incorporated by reference in accor- dance with 5 U.S.C. 552(a).

(d) Publications incorporated by reference in this section have been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a). Copies are available from the Administrator for Metal and Nonmetal Mine Safety and Health, (MSHA), 4015 Wilson Blvd., Arlington, VA 22203, and may be examined at any Metal and Nonmetal District Office. Copies may also be obtained from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096.

S 56.14132 Horns and backup alarms.

(a) Manually-operated horns or other audible warning devices provided on self-propelled mobile equipment as a safety feature shall be maintained in functional condition.

(b)(1) When the operator has an obstructed view to the rear, self-propelled mobile equipment shall have-

(i) An automatic reverse-activated signal alarm;

(ii) A wheel-mounted bell alarm which sounds at least once for each three feet of reverse move- ment;

(iii) A discriminating backup alarm that covers the area of obstructed view; or

(iv) An observer to signal when it is safe to back up.

(2) Alarms shall be audible above the surrounding noise level.

(3) An automatic reverse-activated strobe light may be used at night in lieu of an audible reverse alarm.

Safety Practices and Operational Procedures

S 56.14200 Warnings prior to starting or moving equipment.

Before starting crushers or moving self-propelled mobile equipment, equipment operators shall sound a warning that is audible above the surrounding noise level or use other effective means to warn all persons who could be exposed to a hazard from the equipment.

S 56.14201 Conveyor start-up warnings.

(a) When the entire length of a conveyor is visible from the starting switch, the conveyor opera- tor shall visually check to make certain that all persons are in the clear before starting the conveyor.

(b) When the entire length of the conveyor is not visible from the starting switch, a system which provides visible or audible warning shall be installed and operated to warn persons that the conveyor will be started. Within 30 seconds after the warning is given, the conveyor shall be started or a second warning shall be given.

S 56.14202 Manual cleaning of conveyor pulleys.

Pulleys of conveyors shall not be cleaned manually while the conveyor is in motion.

S 56.14203 Application of belt dressing.

Belt dressings shall not be applied manually while belts are in motion unless a pressurized-type applicator is used that allows the dressing to be applied from outside the guards.

S 56.14204 Machinery lubrication.

Machinery or equipment shall not be lubricated manually while it is in motion where application of the lubricant may expose persons to injury.

S 56.14205 Machinery, equipment, and tools.

Machinery, equipment, and tools shall not be used beyond the design capacity intended by the manufacturer where such use may create a hazard to persons.

S 56.14206 Securing movable parts.

(a) When moving mobile equipment between workplaces, booms, forks, buckets, beds, and similar movable parts of the equipment shall be positioned in the travel mode and, if required for safe travel, mechanically secured.

(b) When mobile equipment is unattended or not in use, dippers, buckets and scraper blades shall be lowered to the ground. Other movable parts, such as booms, shall be mechanically secured or posi- tioned to prevent movement which would create a hazard to persons.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

S 56.14207 Parking procedures for unattended equipment.

Mobile equipment shall not be left unattended unless the controls are placed in the park position and the parking brake, if provided, is set. When parked on a grade, the wheels or tracks of mobile equip- ment shall be either chocked or turned into a bank.

S 56.14208 Warning devices.

(a) Visible warning devices shall be used when parked mobile equipment creates a hazard to persons in other mobile equipment.

(b) Mobile equipment, other than forklifts, carrying loads that project beyond the sides or more than four feet beyond the rear of the equipment shall have a warning flag at the end of the projection.

Under conditions of limited visibility these loads shall have a warning light at the end of the projection.

Such flag or lights shall be attached to the end of the projection or be carried by persons walking beside or behind the projection.

S 56.14209 Safety procedures for towing.

(a) A properly sized tow bar or other effective means of control shall be used to tow mobile equipment.

(b) Unless steering and braking are under the control of the equipment operator on the towed equipment, a safety chain or wire rope capable of withstanding the loads to which it could be subjected shall be used in conjunction with any primary rigging.

S 56.14210 Movement of dippers, buckets, loading booms, or suspended loads.

(a) Dippers, buckets, loading booms, or suspended loads shall not be swung over the operators' stations of self-propelled mobile equipment until the equipment operator is out of the operator's station and in a safe location.

(b) This section does not apply when the equipment is specifically designed to protect the equip- ment operator from falling objects.

S 56.14211 Blocking equipment in a raised position.

(a) Persons shall not work on top of, under, or work from mobile equipment in a raised position until the equipment has been blocked or mechanically secured to prevent it from rolling or falling acci- dentally.

(b) Persons shall not work on top of, under, or work from a raised component of mobile equip- ment until the component has been blocked or mechanically secured to prevent accidental lowering. The equipment must also be blocked or secured to prevent rolling.

(c) A raised component must be secured to prevent accidental lowering when persons are work- ing on or around mobile equipment and are exposed to the hazard of accidental lowering of the compo- nent.

(d) Under this section, a raised component of mobile equipment is considered to be blocked or mechanically secured if provided with a functional load-locking device or a device which prevents free and uncontrolled descent.

(e) Blocking or mechanical securing of the raised component is required during repair or mainte- nance of elevated mobile work platforms.

S 56.14212 Chains, ropes, and drive belts.

Chains, ropes, and drive belts shall be guided mechanically onto moving pulleys, sprockets, or drums except where equipment is designed specifically for hand feeding.

S 56.14213 Ventilation and shielding for welding.

(a) Welding operations shall be shielded when performed at locations where arc flash could be hazardous to persons.

(b) All welding operations shall be well-ventilated.

S 56.14214 Train warnings.

A warning that is audible above the surrounding noise level shall be sounded—

(a) Immediately prior to moving trains;

(b) When trains approach persons, crossings, other trains on adjacent tracks; and

S 56.14215 Coupling or uncoupling cars.

Prior to coupling or uncoupling cars manually, trains shall be brought to a complete stop, and then moved at minimum tram speed until the coupling or uncoupling activity is completed. Coupling or uncoupling shall not be attempted from the inside of curves unless the railroad and cars are designed to eliminate hazards to persons.

S 56.14216 Backpoling.

Backpoling of trolleys is prohibited except where there is inadequate clearance to reverse the trolley pole. Where backpoling is required, it shall be done only at the minimum tram speed of the trolley.

S 56.14217 Securing parked railcars.

Parked railcars shall be blocked securely unless held effectively by brakes.

S 56.14218 Movement of equipment on adjacent tracks.

When a locomotive on one track is used to move rail equipment on adjacent tracks, a chain, cable, or drawbar shall be used which is capable of meeting the loads to which it could be subjected.

S 56.14219 Brakeman signals.

When a train is under the direction of a brakeman and the train operator cannot clearly recognize the brakeman's signals, the train operator shall bring the train to a stop.

Appendix I for Subpart M—National Consensus Standards

Mine operators seeking further information regarding the construction and installation of falling object protective structures (FOPS) may consult the following national consensus standards, as appli- cable.

MSHA Standard 56.14106, Falling Object Protection.

Equipment National consensus standard

Front-end loaders

and bulldozers Society of Automotive Engineers

(SAE) minimum performance criteria

for falling object protective structures (FOPS) SAE J231-January,

Fork-lift trucks American National Standards

Institute (ANSI) safety standard for low lift and high lift trucks,

B 56.1, section 7.27-1983; or,

American National Standards

Institute (ANSI) standard, rough

terrain fork lift trucks, B56.6-1987.

Subpart N—Personal Protection

S 56.15001 First-aid materials.

Adequate first-aid materials, including stretchers and blankets, shall be provided at places conve- nient to all working areas. Water or neutralizing agents shall be available where corrosive chemicals or other harmful substances are stored, handled, or used.

S 56.15002 Hard hats.

All persons shall wear suitable hard hats when in or around a mine or plant where falling objects may create a hazard.

S 56.15003 Protective footwear.

All persons shall wear suitable protective footwear when in or around an area of a mine or plant where a hazard exists which could cause an injury to the feet.

S 56.15004 Eye protection.

All persons shall wear safety glasses, goggles, or face shields or other suitable protective devices when in or around an area of a mine or plant where a hazard exists which could cause injury to unpro- tected eyes.

S 56.15005 Safety belts and lines.

Safety belts and lines shall be worn when persons work where there is danger of falling; a second person shall tend the lifeline when bins, tanks, or other dangerous areas are entered.

S 56.15006 Protective equipment and clothing for hazards and irritants.

Special protective equipment and special protective clothing shall be provided, maintained in a sanitary and reliable condition and used whenever hazards of process or environment, chemical hazards, radiological hazards, or mechanical irritants are encountered in a manner capable of causing injury or impairment.

S 56.15007 Protective equipment or clothing for welding, cutting, or working with molten metal.

Protective clothing or equipment and face shields, or goggles shall be worn when welding, cutting, or working with molten metal.

S 56.15014 Eye protection when operating grinding wheels.

Face shields or goggles in good condition shall be worn when operating a grinding wheel.

[53 FR 32526, Aug. 25, 1988]

S 56.15020 Life jackets and belts.

Life jackets or belts shall be worn where there is danger from falling into water.

Subpart O—Materials Storage and Handling

S 56.16001 Stacking and storage of materials.

Supplies shall not be stacked or stored in a manner which creates tripping or fall-of-material hazards.

S 56.16002 Bins, hoppers, silos, tanks, and surge piles.

(a) Bins, hoppers, silos, tanks, and surge piles, where loose unconsolidated materials are stored, handled or transferred shall be—

(1) Equipped with mechanical devices or other effective means of handling materials so that during normal operations persons are not required to enter or work where they are exposed to entrapment by the caving or sliding of materials; and

(2) Equipped with supply and discharge operating controls. The controls shall be located so that spills or overruns will not endanger persons.

(b) Where persons are required to move around or over any facility listed in this standard, suit- able walkways or passageways shall be provided.

(c) Where persons are required to enter any facility listed in this standard for maintenance or inspection purposes, ladders, platforms, or staging shall be provided. No person shall enter the facility until the supply and discharge of materials have ceased and the supply and discharge equipment is locked out. Persons entering the facility shall wear a safety belt or harness equipped with a lifeline suitably fastened. A second person, similarly equipped, shall be stationed near where the lifeline is fastened and shall constantly adjust it or keep it tight as needed, with minimum slack.

S 56.16003 Storage of hazardous materials.

Materials that can create hazards if accidentally liberated from their containers shall be stored in manner that minimizes the dangers.

S 56.16004 Containers for hazardous materials.

Hazardous materials shall be stored in containers of a type approved for such use by recognized agencies; such containers shall be labeled appropriately.

S 56.16005 Securing gas cylinders.

Compressed and liquid gas cylinders shall be secured in a safe manner.

S 56.16006 Protection of gas cylinder valves.

Valves on compressed gas cylinders shall be protected by covers when being transported or stored, and by a safe location when the cylinders are in use.

S 56.16007 Taglines, hitches, and slings.

(a) Taglines shall be attached to loads that may require steadying or guidance while suspended.

(b) Hitches and slings used to hoist materials shall be suitable for the particular material handled.

S 56.16009 Suspended loads.

Persons shall stay clear of suspended loads.

S 56.16010 Dropping materials from overhead.

To protect personnel, material shall not be dropped from an overhead elevation until the drop area is first cleared of personnel and the area is then either guarded or a suitable warning is given.

S 56.16011 Riding hoisted loads or on the hoist hook.

Persons shall not ride on loads being moved by cranes or derricks, nor shall they ride the hoisting hooks unless such method eliminates a greater hazard.

S 56.16012 Storage of incompatible substances.

Chemical substances, including concentrated acids and alkalies, shall be stored to prevent inad- vertent contact with each other or with other substances, where such contact could cause a violent reaction or the liberation of harmful fumes or gases.

S 56.16013 Working with molten metal.

Suitable warning shall be given before molten metal is poured and before a container of molten metal is moved.

S 56.16014 Operator-carrying overhead cranes.

Operator-carrying overhead cranes shall be provided with-

(a) Bumpers at each end of each rail;

(b) Automatic switches to halt uptravel of the blocks before they strike the hoist;

(d) A means to lock out the disconnect switch.

S 56.16015 Work or travel on overhead crane bridges.

No person shall work from or travel on the bridge of an overhead crane unless the bridge is provided with substantial footwalks with toeboards and railings the length of the bridge.

S 56.16016 Lift trucks.

Fork and other similar types of lift trucks shall be operated with the—

(a) Upright tilted back to steady and secure the load;

(b) Load in the upgrade position when ascending or descending grades in excess of 10 percent;

(d) Load-engaging device downgrade when traveling unloaded on all grades.

Subpart P—Illumination

S 56.17001 Illumination of surface working areas.

Illumination sufficient to provide safe working conditions shall be provided in and on all surface structures, paths, walkways, stairways, switch panels, loading and dumping sites, and work areas.

Subpart Q—Safety Programs

S 56.18002 Examination of working places.

(a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions.

(b) A record that such examinations were conducted shall be kept by the operator for a period of one year, and shall be made available for review by the Secretary or his authorized representative and the State Mine Inspector.

(c) In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall with- draw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.

S 56.18006 New employees.

New employees shall be indoctrinated in safety rules and safe work procedures.

S 56.18009 Designation of person in charge.

When persons are working at the mine, a competent person designated by the mine operator shall be in attendance to take charge in case of an emergency.

S 56.18010 First aid training.

Selected supervisors shall be trained in first aid. First aid training shall be made available to all interested employees.

S 56.18012 Emergency telephone numbers.

Emergency telephone numbers shall be posted at appropriate telephones.

S 56.18013 Emergency communications system.

A suitable communication system shall be provided at the mine to obtain assistance in the event of an emergency.

S 56.18014 Emergency medical assistance and transportation.

Arrangements shall be made in advance for obtaining emergency medical assistance and trans- portation for injured persons.

S 56.18020 Working alone.

No employee shall be assigned, or allowed, or be required to perform work alone in any area where hazardous conditions exist that would endanger his safety unless he can communicate with others, can be heard, or can be seen.

Subpart R—Personnel Hoisting

S 56.19000 Application.

(a) The hoisting standards in this subpart apply to those hoists and appurtenances used for hoising persons. However, where persons may be endangered by hoists and appurtenances used solely for handling ore, rock, and materials, the appropriate standards should be applied.

(b) Standards 56.19021 through 56.19028 apply to wire ropes in service used to hoist persons with an incline hoist on the surface.

(c) Emergency hoisting facilities should conform to the extent possible to safety requirements for other hoists, and should be adequate to remove the persons from the mine with a minimum of delay. Hoists 56.19001 Rated capacities.

Hoists shall have rated capacities consistent with the loads handled and the recommended safety factors of the ropes used.

S 56.19002 Anchoring.

Hoists shall be anchored securely.

S 56.19003 Driving mechanism connections.

Belt, rope, or chains shall not be used to connect driving mechanisms to man hoists.

S 56.19004 Brakes.

Any hoist used to hoist persons shall be equipped with a brake or brakes which shall be capable of holding its fully loaded cage, skip, or bucket at any point in the shaft.

S 56.19005 Locking mechanism for clutch.

The operating mechanism of the clutch of every man-hoist drum shall be provided with a locking mechanism, or interlocked electrically or mechanically with the brake to prevent accidental withdrawal of the clutch.

S 56.19006 Automatic hoist braking devices.

Automatic hoists shall be provided with devices that automatically apply the brakes in the event of power failure.

S 56.19007 Overtravel and overspeed devices.

All man hoists shall be provided with devices to prevent overtravel. When utilized in shafts exceeding 100 feet in depth, such hoists shall also be provided with overspeed devices.

S 56.19008 Friction hoist synchronizing mechanisms.

Where creep or slip may alter the effective position of safety devices, friction hoists shall be equipped with synchronizing mechanisms that recalibrate the overtravel devices and position indicators.

S 56.19009 Position indicator.

An accurate and reliable indicator of the position of the cage, skip, bucket, or cars in the shaft shall be provided.

S 56.19010 Location of hoist controls.

Hoist controls shall be placed or housed so that the noise from machinery or other sources will not prevent hoistmen from hearing signals.

S 56.19011 Drum flanges.

Flanges on drums shall extend radially a minimum of 4 inches or three rope diameters beyond the last wrap, whichever is the lesser.

S 56.19012 Grooved drums.

Where grooved drums are used, the grooves shall be of suitable size and pitch for the ropes used.

S 56.19013 Diesel- and other fuel-injection-powered hoists.

Where any diesel or similar fuel-injection engine is used to power a hoist, the engine shall be equipped with a damper or other cutoff in its air intake system. The control handle shall be clearly labeled to indicate that its intended function is for emergency stopping only.

S 56.19014 Friction hoist overtravel protection.

In a friction hoist installation, tapered guides or other approved devices shall be installed above and below the limits of regular travel of the conveyance and arranged to prevent overtravel in the event of failure of other devices.

S 56.19017 Emergency braking for electric hoists.

Each electric hoist shall be equipped with a manually-operable switch that will initiate emer- gency braking action to bring the conveyance and the counterbalance safely to rest. This switch shall be located within reach of the hoistman in case the manual controls of the hoist fail.

S 56.19018 Overtravel by-pass switches.

When an overtravel by-pass switch is installed, the switch shall function so as to allow the conveyance to be moved through the overtravel position when the switch is held in the closed position by the hoistman. The overtravel by-pass switch shall return automatically to the open position when released by the hoistman.

[50 FR 4054, Jan. 29, 1985; 50 FR 20100, May 14, 1985]

Wire Ropes

Authority: Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).

S 56.19021 Minimum rope strength.

At installation, the nominal strength (manufacturer's published catalog strength) of wire ropes used for hoisting shall meet the minimum rope strength values obtained by the following formulas in which "L" equals the maximum suspended rope length in feet:

(a) Winding drum ropes (all constructions, including rotation resistant). For rope lengths less than 3,000 feet:

Minimum Value = Static Load X (7.0-0.001L)

For rope lengths 3,000 feet or greater:

Minimum Value = Static Load X 4.0

(b) Friction drum ropes. For rope lengths less than 4,000 feet:

Minimum Value = Static Load X (7.0-0.0005L)

For rope lengths 4,000 feet or greater:

Minimum Value = Static Load X 5.0

Minimum Value = Weight of Rope X 7.0

S 56.19022 Initial measurement.

After initial rope stretch but before visible wear occurs, the rope diameter of newly installed wire ropes shall be measured at least once in every third interval of active length and the measurements averaged to establish a baseline for subsequent measurements. A record of the measurements and the date shall be made by the person taking the measurements. This record shall be retained until the rope is retired from service.

(Approved by the Office of Management and Budget under control number 1219-0034)

S 56.19023 Examinations.

(a) At least once every fourteen calendar days, each wire rope in service shall be visually exam- ined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change-of-layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be examined on a daily basis.

(b) Before any person is hoisted with a newly installed wire rope or any wire rope that has not been examined in the previous fourteen calendar days, the wire rope shall be examined in accordance with paragraph (a) of this section.

(c) At least once every six months, nondestructive tests shall be conducted of the active length of the rope, or rope diameter measurements shall be made—

(1) Wherever wear is evident;

(2) Where the hoist rope rests on sheaves at regular stopping points;

(3) Where the hoist rope leaves the drum at regular stopping points; and

(4) At drum crossover and change-of-layer regions.

(d) At the completion of each examination required by paragraph (a) of this section, the person making the examination shall certify, by signature and date, that the examination has been made. If any condition listed in paragraph (a) of this section is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one year.

(e) The person making the measurements or nondestructive tests as required by paragraph (c) of this section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.

(Approved by the Office of Management and Budget under control number 1219-0034)

S 56.19024 Retirement criteria.

Unless damage or deterioration is removed by cutoff, wire ropes shall be removed from service when any of the following conditions occurs:

(a) The number of broken wires within a rope lay length, excluding filler wires, exceeds either—

(1) Five percent of the total number of wires; or

(2) Fifteen percent of the total number of wires within any strand.

(b) On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length.

(d) Rope deterioration from corrosion.

(e) Distortion of the rope structure.

(f) Heat damage from any source.

(g) Diameter reduction due to wear that exceeds six percent of the baseline diameter measure- ment.

(h) Loss of more than ten percent of rope strength as determined by nondestructive testing.

S 56.19025 Load end attachments.

(a) Wire rope shall be attached to the load by a method that develops at least 80 percent of the nominal strength of the rope.

(b) Except for terminations where use of other materials is a design feature, zinc (spelter) shall be used for socketing wire ropes. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.

S 56.19026 Drum end attachment.

(a) For drum end attachment, wire rope shall be attached—

(1) Securely by clips after making one full turn around the drum spoke;

(2) Securely by clips after making one full turn around the shaft, if the drum is fixed to the shaft; or

(3) By properly assembled anchor bolts, clamps, or wedges, provided that the attachment is a design feature of the hoist drum. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.

(b) A minimum of three full turns of wire rope shall be on the drum when the rope is extended to its maximum working length.

S 56.19027 End attachment retermination.

Damaged or deteriorated wire rope shall be removed by cutoff and the rope reterminated where there is—

(a) More than one broken wire at an attachment;

(b) Improper installation of an attachment;

(d) Evidence of deterioration from corrosion at an attachment.

S 56.19028 End attachment replacement.

Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.

S 56.19030 Safety device attachments.

Safety device attachments to hoist ropes shall be selected, installed, and maintained according to manufacturers' specifications to minimize internal corrosion and weakening of the hoist rope.

Headframes and Sheaves

S 56.19035 Headframe design.

All headframes shall be constructed with suitable design considerations to allow for all dead loads, live loads, and wind loads.

S 56.19036 Headframe height.

Headframes shall be high enough to provide clearance for overtravel and safe stopping of the conveyance. S 56.19037 Fleet angles.

Fleet angles on hoists installed after November 15, 1979, shall not be greater than one and one- half degrees for smooth drums or two degrees for grooved drums.

S 56.19038 Platforms around elevated head sheaves.

Platforms with toeboards and handrails shall be provided around elevated head sheaves.

Conveyances

S 56.19045 Metal bonnets.

Man cages and skips used for hoisting or lowering employees or other persons in any vertical shaft or any incline-shaft with an angle of inclination of forty-five degrees from the horizontal, shall be covered with a metal bonnet.

S 56.19049 Hoisting persons in buckets.

Buckets shall not be used to hoist persons except during shaft sinking operations, inspection, maintenance, and repairs.

S 56.19050 Bucket requirements.

Buckets used to hoist persons during vertical shaft sinking operations shall—

(a) Be securely attached to a crosshead when traveling in either direction between the lower and upper crosshead parking locations;

(b) Have overhead protection when the shaft depth exceeds 50 feet;

(d) Have devices to prevent accidental dumping where the bucket is supported by a bail attached to its lower half.

S 56.19054 Rope guides.

Where rope guides are used in shafts other than in shaft sinking operations, the rope guides shall be a type of lock coil construction.

Hoisting Procedures

S 56.19055 Availability of hoist operator for manual hoists.

When a manually operated hoist is used, a qualified hoistman shall remain within hearing of the telephone or signal device at all times while any person is underground.

S 56.19056 Availability of hoist operator for automatic hoists.

When automatic hoisting is used, a competent operator of the hoist shall be readily available at or near the hoisting device while any person is underground.

S 56.19057 Hoist operator's physical fitness.

No person shall operate a hoist unless within the preceding 12 months he has had a medical examination by a qualified, licensed physician who shall certify his fitness to perform this duty. Such certification shall be available at the mine.

S 56.19058 Experienced hoist operators.

Only experienced hoistmen shall operate the hoist except in cases of emergency and in the training of new hoistmen.

S 56.19061 Maximum hoisting speeds.

The safe speed for hoisting persons shall be determined for each shaft, and this speed shall not be exceeded. Persons should not be hoisted at a speed faster than 2,500 feet per minute, except in an emer- gency.

S 56.19062 Maximum acceleration and deceleration.

Maximum normal operating acceleration and deceleration shall not exceed 6 feet per second per second. During emergency braking, the deceleration shall not exceed 16 feet per second per second.

S 56.19063 Persons allowed in hoist room.

Only authorized persons shall be in hoist rooms.

S 56.19065 Lowering conveyances by the brakes.

Conveyances shall not be lowered by the brakes alone except during emergencies.

S 56.19066 Maximum riders in a conveyance.

In shafts inclined over 45 degrees, the operator shall determine and post in the conveyance or at each shaft station the maximum number of persons permitted to ride in a hoisting conveyance at any one time. Each person shall be provided a minimum of 1.5 square feet of floor space.

S 56.19067 Trips during shift changes.

During shift changes, an authorized person shall be in charge of each trip in which persons are hoisted.

S 56.19068 Orderly conduct in conveyances.

Persons shall enter, ride, and leave conveyances in an orderly manner.

S 56.19069 Entering and leaving conveyances.

Persons shall not enter or leave conveyances which are in motion or after a signal to move the conveyance has been given to the hoistman.

S 56.19070 Closing cage doors or gates.

Cage doors or gates shall be closed while persons are being hoisted; they shall not be opened until the cage has come to a stop.

S 56.19071 Riding in skips or buckets.

Persons shall not ride in skips or buckets with muck, supplies, materials, or tools other than small hand tools.

S 56.19072 Skips and cages in same compartment.

When combinations of cages and skips are used in the same compartment, the cages shall be enclosed to protect personnel from flying material and the hoist speed reduced to man-speed as defined in standard 56.19061, but not to exceed 1,000 feet per minute. Muck shall not be hoisted with personnel during shift changes.

S 56.19073 Hoisting during shift changes.

Rock or supplies shall not be hoisted in the same shaft as persons during shift changes, unless the compartments and dumping bins are partitioned to prevent spillage into the cage compartment.

S 56.19074 Riding the bail, rim, bonnet, or crosshead.

Persons shall not ride the bail, rim, bonnet, or crosshead of any shaft conveyance except when necessary for inspection and maintenance, and then only when suitable protection for persons is pro- vided.

S 56.19075 Use of open hooks.

Open hooks shall not be used to hoist buckets or other conveyances.

S 56.19076 Maximum speeds for hoisting persons in buckets.

When persons are hoisted in buckets, speeds shall not exceed 500 feet per minute and shall not exceed 200 feet per minute when within 100 feet of the intended station.

S 56.19077 Lowering buckets.

Buckets shall be stopped about 15 feet from the shaft bottom to await a signal from one of the crew on the bottom for further lowering.

S 56.19078 Hoisting buckets from the shaft bottom.

All buckets shall be stopped after being raised about 3 feet above the shaft bottom. A bucket shall be stabilized before a hoisting signal is given to continue hoisting the bucket to the crosshead.

After a hoisting signal is given, hoisting to the crosshead shall be at a minimum speed. The signaling device shall be attended constantly until a bucket reaches the guides. When persons are hoisted, the signaling devices shall be attended until the crosshead has been engaged.

S 56.19079 Blocking mine cars.

Where mine cars are hoisted by cage or skip, means for blocking cars shall be provided at all landings and also on the cage.

S 56.19080 Hoisting tools, timbers, and other materials.

When tools, timbers, or other materials are being lowered or raised in a shaft by means of a bucket, skip, or cage, they shall be secured or so placed that they will not strike the sides of the shaft.

S 56.19081 Conveyances not in use.

When conveyances controlled by a hoist operator are not in use, they shall be released and the conveyances shall be raised or lowered a suitable distance to prevent persons from boarding or loading the conveyances.

S 56.19083 Overtravel backout device.

A manually operated device shall be installed on each electric hoist that will allow the convey- ance or counterbalance to be removed from an over-travel position. Such device shall not release the brake, or brakes, holding the overtravelled conveyance or counterbalance until sufficient drive motor torque has been developed to assure movement of the conveyance or counterbalance in the correct direction only.

Signaling

S 56.19090 Dual signaling systems.

There shall be at least two effective approved methods of signaling between each of the shaft stations and the hoist room, one of which shall be a telephone or speaking tube.

S 56.19091 Signaling instructions to hoist operator.

Hoist operators shall accept hoisting instructions only by the regular signaling system unless it is out of order. In such an event, and during other emergencies, the hoist operator shall accept instructions to direct movement of the conveyances only from authorized persons.

S 56.19092 Signaling from conveyances.

A method shall be provided to signal the hoist operator from cages or other conveyances at any point in the shaft.

S 56.19093 Standard signal code.

A standard code of hoisting signals shall be adopted and used at each mine. The movement of a shaft conveyance on a "one bell" signal is prohibited.

S 56.19094 Posting signal code.

A legible signal code shall be posted prominently in the hoist house within easy view of the hoistman, and at each place where signals are given or received.

S 56.19095 Location of signal devices.

Hoisting signal devices shall be positioned within easy reach of persons on the shaft bottom or constantly attended by a person stationed on the lower deck of the sinking platform.

S 56.19096 Familiarity with signal code.

Any person responsible for receiving or giving signals for cages, skips, and mantrips when persons or materials are being transported shall be familiar with the posted signaling code.

Shafts

S 56.19100 Shaft landing gates.

Shaft landings shall be equipped with substantial safety gates so constructed that materials will not go through or under them; gates shall be closed except when loading or unloading shaft convey- ances.

S 56.19101 Stopblocks and derail switches.

Positive stopblocks or a derail switch shall be installed on all tracks leading to a shaft collar or landing.

S 56.19102 Shaft guides.

A means shall be provided to guide the movement of a shaft conveyance.

S 56.19103 Dumping facilities and loading pockets.

Dumping facilities and loading pockets shall be constructed so as to minimize spillage into the shaft.

S 56.19104 Clearance at shaft stations.

Suitable clearance at shaft stations shall be provided to allow safe movement of persons, equip- ment, and materials.

S 56.19105 Landings with more than one shaft entrance.

A safe means of passage around open shaft compartments shall be provided on landings with more than one entrance to the shaft.

S 56.19106 Shaft sets.

Shaft sets shall be kept in good repair and clean of hazardous material.

S 56.19107 Precautions for work in compartment affected by hoisting operation.

Hoistmen shall be informed when persons are working in a compartment affected by that hoist- ing operation and a "Men Working in Shaft" sign shall be posted at the hoist.

S 56.19108 Posting warning signs during shaft work.

When persons are working in a shaft "Men Working in Shaft" signs shall be posted at all devices controlling hoisting operations that may endanger such persons.

S 56.19109 Shaft inspection and repair.

Shaft inspection and repair work in vertical shafts shall be performed from substantial platforms equipped with bonnets or equivalent overhead protection.

S 56.19110 Overhead protection for shaft deepening work.

A substantial bulkhead or equivalent protection shall be provided above persons at work deepen- ing a shaft.

S 56.19111 Shaft-sinking ladders.

Substantial fixed ladders shall be provided from the collar to as near the shaft bottom as practical during shaft-sinking operations, or an escape hoist powered by an emergency power source shall be provided. When persons are on the shaft bottom, a chain ladder, wire rope ladder, or other extension ladders shall be used from the fixed ladder or lower limit of the escape hoist to the shaft bottom.

Inspection and Maintenance

S 56.19120 Procedures for inspection, testing, and maintenance.

A systematic procedure of inspection, testing, and maintenance of shafts and hoisting equipment shall be developed and followed. If it is found or suspected that any part is not functioning properly, the hoist shall not be used until the malfunction has been located and repaired or adjustments have been made.

S 56.19121 Recordkeeping.

At the time of completion, the person performing inspections, tests, and maintenance of hoisting equipment required in standard 56.19120 shall certify, by signature and date, that they have been done.

A record of any part that is not functioning properly shall be made and dated. Certifications and records shall be retained for one year.

(Approved by the Office of Management and Budget under control number 1219-0034)

(Sec. 101, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

S 56.19122 Replacement parts.

Parts used to repair hoists shall have properties that will ensure the proper and safe function of the hoist.

S 56.19129 Examinations and tests at beginning of shift.

Hoistmen shall examine their hoists and shall test overtravel, deadman controls, position indica- tors, and braking mechanisms at the beginning of each shift.

S 56.19130 Conveyance shaft test.

Before hoisting persons and to assure that the hoisting compartments are clear of obstructions, empty hoist conveyances shall be operated at least one round trip after:

(a) Any hoist or shaft repairs or related equipment repairs that might restrict or obstruct convey- ance clearance;

(b) Any oversize or overweight material or equipment trips that might restrict or obstruct convey- ance clearance;

(d) Remaining idle for one shift or longer.

S 56.19131 Hoist conveyance connections.

Hoist conveyance connections shall be inspected at least once during any 24-hour period that the conveyance is used for hoisting persons.

S 56.19132 Safety catches.

(a) A performance drop test of hoist conveyance safety catches shall be made at the time of installation, or prior to installation, in a mockup of the actual installation. The test shall be certified to in writing by the manufacturer or by a registered professional engineer performing the test.

(b) After installation and before use, and at the beginning of any seven day period during which the conveyance is to be used, the conveyance shall be suitably rested and the hoist rope slackened to test for the unrestricted functioning of the safety catches and their activating mechanisms.

(c) The safety catches shall be inspected by a competent person at the beginning of any 24-hour period that the conveyance is to be used.

S 56.19133 Shaft.

Shafts that have not been inspected within the past 7 days shall not be used until an inspection has been conducted by a competent person.

S 56.19134 Sheaves.

Sheaves in operating shafts shall be inspected weekly and kept properly lubricated.

S 56.19135 Rollers in inclined shafts.

Rollers used in operating inclined shafts shall be lubricated, properly aligned, and kept in good repair.

Subpart S—Miscellaneous

S 56.20001 Intoxicating beverages and narcotics.

Intoxicating beverages and narcotics shall not be permitted or used in or around mines. Persons under the influence of alcohol or narcotics shall not be permitted on the job.

S 56.20002 Potable water.

(a) An adequate supply of potable drinking water shall be provided at all active working areas.

(b) The common drinking cup and containers from which drinking water must be dipped or poured are prohibited.

(c) Where single service cups are supplied, a sanitary container for unused cups and a receptacle for used cups shall be provided.

(d) When water is cooled by ice, the ice shall either be of potable water or shall not come in contact with the water.

(e) Potable water outlets shall be posted.

(f) Potable water systems shall be constructed to prevent backflow or backsiphonage of non- potable water.

S 56.20003 Housekeeping.

At all mining operations—

(a) Workplaces, passageways, storerooms, and service rooms shall be kept clean and orderly;

(b) The floor of every workplace shall be maintained in a clean and, so far as possible, dry condition. Where wet processes are used, drainage shall be maintained, and false floors, platforms, mats, or other dry standing places shall be provided where practicable; and

(c) Every floor, working place, and passageway shall be kept free from protruding nails, splin- ters, holes, or loose boards, as practicable.

S 56.20005 Carbon tetrachloride.

Carbon tetrachloride shall not be used.

S 56.20008 Toilet facilities.

(a) Toilet facilities shall be provided at locations that are compatible with the mine operations and that are readily accessible to mine personnel. (b) The facilities shall be kept clean and sanitary.

Separate toilet facilities shall be provided for each sex except where toilet rooms will be occupied by no more than one person at a time and can be locked from the inside.

S 56.20009 Tests for explosive dusts.

Dusts suspected of being explosive shall be tested for explosibility. If tests prove positive, appro- priate control measures shall be taken.

S 56.20010 Retaining dams.

If failure of a water or silt retaining dam will create a hazard, it shall be of substantial construc- tion and inspected at regular intervals.

S 56.20011 Barricades and warning signs.

Areas where health or safety hazards exist that are not immediately obvious to employees shall be barricaded, or warning signs shall be posted at all approaches. Warning signs shall be readily visible, legible, and display the nature of the hazard and any protective action required.

S 56.20012 Labeling of toxic materials.

Toxic materials used in conjunction with or discarded from mining or milling of a product shall be plainly marked or labeled so as to positively identify the nature of the hazard and the protective action required.

S 56.20013 Waste receptacles.

Receptacles with covers shall be provided at suitable locations and used for the disposal of waste food and associated materials. They shall be emptied frequently and shall be maintained in a clean and sanitary condition.

S 56.20014 Prohibited areas for food and beverages.

No person shall be allowed to consume or store food or beverages in a toilet room or in any area exposed to a toxic material.

History

Effective 1996-10-15

Chapter 3 Underground Metal/Nonmetal Mines

Wyo. Code R. 053.0004.3.10151996 Underground Metal/Nonmetal Mines

CHAPTER THREE

GENERAL MINE SAFETY RULES FOR UNDERGROUND METAL AND NONMETAL MINES

Subpart A—General

Sec.

57.1 Purpose and scope.

57.2 Definitions.

PROCEDURES

57.1000 Notification of commencement of operations and closing of mines.

Subpart B—Ground Control

57.3000 Definitions.

SCALING AND SUPPORT—SURFACE AND UNDERGROUND

57.3200 Correction of hazardous conditions.

57.3201 Location for performing scaling.

57.3202 Scaling tools.

57.3203 Rock fixtures.

SCALING AND SUPPORT—UNDERGROUND ONLY

57.3360 Ground support use.

PRECAUTIONS—SURFACE AND UNDERGROUND

57.3400 Secondary breakage.

57.3401 Examination of ground conditions.

PRECAUTIONS—SURFACE ONLY

57.3430 Activity between machinery or equipment and the highwall or bank.

PRECAUTIONS—UNDERGROUND ONLY

57.3460 Maintenance between machinery or equipment and ribs.

57.3461 Rock bursts.

Subpart C—Fire Prevention and Control 57.4000 Definitions.

57.4011 Abandoned electric circuits.

57.4057 Underground trailing cables.

PROHIBITIONS/PRECAUTIONS/HOUSEKEEPING

57.4100 Smoking and use of open flames.

57.4101 Warning signs.

57.4102 Spillage and leakage.

57.4103 Fueling internal combustion engines.

57.4104 Combustible waste.

57.4130 Surface electric substations and liquid storage facilities.

57.4131 Surface fan installations and mine openings.

57.4160 Underground electric substations and liquid storage facilities.

57.4161 Use of fire underground.

FIREFIGHTING EQUIPMENT

57.4200 General requirements.

57.4201 Inspection.

57.4202 Fire hydrants.

57.4203 Extinguisher recharging or replacement.

57.4230 Surface self-propelled equipment.

57.4260 Underground self-propelled equipment.

57.4261 Shaft-station waterlines.

57.4262 Underground transformer stations, combustible liquid

storage and dispensing areas, pump rooms, compressor

rooms, and hoist rooms.

57.4263 Underground belt conveyors.

FIREFIGHTING PROCEDURES/ALARMS/DRILLS

57.4330 Surface firefighting, evacuation, and rescue procedures.

57.4331 Surface firefighting drills.

57.4360 Underground alarm systems.

57.4361 Underground evacuation drills.

57.4362 Underground rescue and firefighting operations.

57.4363 Underground evacuation instruction.

FLAMMABLE AND COMBUSTIBLE LIQUIDS AND GASES

57.4400 Use restrictions.

57.4401 Storage tank foundations.

57.4402 Safety can use.

57.4430 Surface storage facilities.

57.4431 Surface storage restrictions.

57.4460 Storage of flammable liquids underground.

57.4461 Gasoline use restrictions underground.

57.4462 Storage of combustible liquids underground.

57.4463 Liquefied petroleum gas use underground.

INSTALLATION/CONSTRUCTION/MAINTENANCE

57.4500 Heat sources.

57.4501 Fuel lines.

57.4502 Battery-charging stations.

57.4503 Conveyor belt slippage.

57.4504 Fan installations.

57.4505 Fuel lines to underground areas.

57.4530 Exits for surface buildings and structures.

57.4531 Surface flammable or combustible liquid storage buildings or rooms.

57.4532 Blacksmith shops.

57.4533 Mine opening vicinity.

57.4560 Mine entrances.

57.4561 Stationary diesel equipment underground.

WELDING/CUTTING/COMPRESSED GASES

57.4600 Extinguishing equipment.

57.4601 Oxygen cylinder storage.

57.4602 Gauges and regulators.

57.4603 Closure of valves.

57.4604 Preparation of pipelines or containers.

57.4660 Work in shafts, raises, or winzes and other activities involving hazard areas.

VENTILATION CONTROL MEASURES

57.4760 Shaft mines.

57.4761 Underground shops.

APPENDIX I TO SUBPART C-NATIONAL CONSENSUS STANDARDS

Subpart D—Air Quality, Radiation, and Physical Agents

AIR QUALITY—SURFACE AND UNDERGROUND

57.5001 Exposure limits for airborne contaminants.

57.5002 Exposure monitoring.

57.5005 Control of exposure to airborne contaminants.

57.5006 Restricted use of chemicals.

AIR QUALITY—UNDERGROUND ONLY

57.5015 Oxygen deficiency.

RADIATION—UNDERGROUND ONLY

57.5037 Radon daughter exposure monitoring.

57.5038 Annual exposure limits.

57.5039 Maximum permissible concentration.

57.5040 Exposure records.

57.5041 Smoking prohibition.

57.5042 Revised exposure levels.

57.5044 Respirators.

57.5045 Posting of inactive workings.

57.5046 Protection against radon gas.

57.5047 Gamma radiation surveys.

PHYSICAL AGENTS—SURFACE AND UNDERGROUND

57.5050 Exposure limits for noise.

Subpart E—Explosives

57.6000 Definitions.

STORAGE—SURFACE AND UNDERGROUND

57.6100 Separation of stored explosive material.

57.6101 Areas around explosive material storage facilities.

57.6102 Explosive material storage practices.

STORAGE—SURFACE ONLY

57.6130 Explosive material storage facilities.

57.6131 Location of explosive material storage facilities.

57.6132 Magazine requirements.

57.6133 Powder chests.

STORAGE—UNDERGROUND ONLY

57.6160 Main facilities.

57.6161 Auxiliary facilities.

TRANSPORTATION—SURFACE AND UNDERGROUND 57.6200 Delivery to storage or blast site areas.

57.6201 Separation of transported explosive material.

57.6202 Vehicles.

57.6203 Locomotives.

57.6204 Hoists.

57.6205 Conveying explosives by hand.

USE—SURFACE AND UNDERGROUND

57.6300 Control of blasting operations.

57.6301 Blasthole obstruction check.

57.6302 Explosive material protection.

57.6303 Initiation preparation.

57.6304 Primer protection.

57.6305 Unused explosive material.

57.6306 Loading and blasting.

57.6307 Drill stem loading.

57.6308 Initiation systems.

57.6309 Fuel oil requirements for ANFO.

57.6310 Misfire waiting period.

57.6311 Handling of misfires.

57.6312 Secondary blasting.

57.6313 Blast site security.

ELECTRIC BLASTING—SURFACE AND UNDERGROUND

57.6400 Compatibility of electric detonators.

57.6401 Shunting.

57.6402 Deenergized circuits near detonators.

57.6403 Branch circuits.

57.6404 Separation of blasting circuits from power source.

57.6405 Firing devices.

57.6406 Duration of current flow.

57.6407 Circuit testing.

NONELECTRIC BLASTING—SURFACE AND UNDERGROUND

57.6500 Damaged initiating material.

57.6501 Nonelectric initiation systems.

57.6502 Safety fuse.

EXTRANEOUS ELECTRICITY—SURFACE AND UNDERGROUND

57.6600 Loading practices.

57.6601 Grounding.

57.6602 Static electricity dissipation during loading.

57.6603 Air gap.

57.6604 Precautions during storms.

57.6605 Isolation of blasting circuits.

EQUIPMENT/TOOLS—SURFACE AND UNDERGROUND

57.6700 Nonsparking tools.

57.6701 Tamping and loading pole requirements.

MAINTENANCE—SURFACE AND UNDERGROUND

57.6800 Storage facilities.

57.6801 Vehicle repair.

57.6802 Bulk delivery vehicles.

57.6803 Blasting lines.

GENERAL REQUIREMENTS—SURFACE AND UNDERGROUND

57.6900 Damaged or deteriorated explosive material.

57.6901 Black powder.

57.6902 Excessive temperatures.

57.6903 Burning explosive material.

57.6904 Smoking and open flames.

GENERAL REQUIREMENTS—UNDERGROUND ONLY

57.6960 Mixing of explosive material.

Subpart F—Drilling and Rotary Jet Piercing

DRILLING—SURFACE ONLY

57.7002 Equipment defects.

57.7003 Drill area inspection.

57.7004 Drill mast.

57.7005 Augers and drill stems.

57.7008 Moving the drill.

57.7009 Drill helpers.

57.7010 Power failures.

57.7011 Straightening crossed cables.

57.7012 Tending drills in operation.

57.7013 Covering or guarding drill holes.

57.7018 Hand clearance.

DRILLING—UNDERGROUND ONLY

57.7028 Hand clearance.

57.7032 Anchoring.

DRILLING—SURFACE AND UNDERGROUND

57.7050 Tool and drill steel racks.

57.7051 Loose objects on the mast or drill platform.

57.7052 Drilling positions.

57.7053 Moving hand-held drills.

57.7054 Starting or moving drill equipment.

57.7055 Intersecting holes.

57.7056 Collaring in bootlegs.

ROTARY JET PIERCING—SURFACE ONLY

57.7801 Jet drills.

57.7802 Oxygen hose lines.

57.7803 Lighting the burner.

57.7804 Refueling.

57.7805 Smoking and open flames.

57.7806 Oxygen intake coupling.

57.7807 Flushing the combustion chamber.

Subpart G—Ventilation

SURFACE AND UNDERGROUND

57.8518 Main and booster fans.

57.8519 Underground main fan controls.

UNDERGROUND ONLY

57.8520 Ventilation plan.

57.8525 Main fan maintenance.

57.8527 Oxygen-deficiency testing.

57.8528 Unventilated areas.

57.8529 Auxiliary fan systems.

57.8531 Construction and maintenance of ventilation doors.

57.8532 Opening and closing ventilation doors.

57.8534 Shutdown or failure of auxiliary fans.

57.8535 Seals.

Subpart H—Loading, Hauling, and Dumping

57.9000 Definitions.

TRAFFIC SAFETY

57.9100 Traffic control.

57.9101 Operating speeds and control of equipment.

57.9102 Movement of independently operating rail equipment.

57.9103 Clearance on adjacent tracks.

57.9104 Railroad crossings.

TRANSPORTATION OF PERSONS AND MATERIALS

57.9200 Transporting persons.

57.9201 Loading, hauling, and unloading of equipment or supplies.

57.9202 Loading and hauling large rocks.

57.9260 Supplies, materials, and tools on mantrips.

57.9261 Transporting tools and materials on locomotives.

SAFETY DEVICES, PROVISIONS, AND PROCEDURES FOR ROADWAYS,

RAILROADS, AND LOADING AND DUMPING SITES

57.9300 Berms or guardrails.

57.9301 Dump site restraints.

57.9302 Protection against moving or runaway railroad equipment.

57.9303 Construction of ramps and dumping facilities.

57.9304 Unstable ground.

57.9305 Truck spotters.

57.9306 Warning devices for restricted clearances.

57.9307 Design, installation, and maintenance of railroads.

57.9308 Switch throws.

57.9309 Chute design.

57.9310 Chute hazards.

57.9311 Anchoring stationary sizing devices.

57.9312 Working around drawholes.

57.9313 Roadway maintenance.

57.9314 Trimming stockpile and muckpile faces.

57.9315 Dust control.

57.9316 Notifying the equipment operator.

57.9317 Suspended loads.

57.9318 Getting on or off moving equipment.

57.9319 Going over, under, or between railcars.

57.9330 Clearance for surface equipment.

57.9360 Shelter holes.

57.9361 Drawholes.

57.9362 Protection of signalmen.

Subpart I—Aerial Tramways

57.10001 Filling buckets.

57.10002 Inspection and maintenance.

57.10003 Correction of defects.

57.10004 Brakes.

57.10005 Track cable connections.

57.10006 Tower guards.

57.10007 Falling object protection.

57.10008 Riding tramways.

57.10009 Riding loaded buckets.

57.10010 Starting precautions.

Subpart J—Travelways and Escapeways

TRAVELWAYS—SURFACE AND UNDERGROUND

57.11001 Safe access.

57.11002 Handrails and toeboards.

57.11003 Construction and maintenance of ladders.

57.11004 Portable rigid ladders.

57.11005 Fixed ladder anchorage and toe clearance.

57.11006 Fixed ladder landings.

57.11007 Wooden components of ladders.

57.11008 Restricted clearance.

57.11009 Walkways along conveyors.

57.11010 Stairstep clearance.

57.11011 Use of ladders.

57.11012 Protection for openings around travelways.

57.11013 Conveyor crossovers.

57.11014 Crossing moving conveyors.

57.11016 Snow and ice on walkways and travelways.

57.11017 Inclined fixed ladders.

TRAVELWAYS—SURFACE ONLY

57.11025 Railed landings, backguards, and other protection for fixed ladders.

57.11026 Protection for inclined fixed ladders.

57.11027 Scaffolds and working platforms.

TRAVELWAYS—UNDERGROUND ONLY

57.11036 Ladderway trap doors and guards.

57.11037 Ladderway openings.

57.11038 Entering a manway.

57.11040 Inclined travelways.

57.11041 Landings for inclined ladderways.

ESCAPEWAYS—UNDERGROUND ONLY

57.11050 Escapeways and refuges.

57.11051 Escape routes.

57.11052 Refuge areas.

57.11053 Escape and evacuation plans.

57.11054 Communication with refuge chambers.

57.11055 Inclined escapeways.

57.11056 Emergency hoists.

57.11058 Check-in, check-out system.

57.11059 Respirable atmosphere for hoist operators underground.

Subpart K—Electricity

SURFACE AND UNDERGROUND

57.12001 Circuit overload protection.

57.12002 Controls and switches.

57.12003 Trailing cable overload protection.

57.12004 Electrical conductors.

57.12005 Protection of power conductors from mobile equipment.

57.12006 Distribution boxes.

57.12007 Junction box connection procedures.

57.12008 Insulation and fittings for power wires and cables.

57.12010 Isolation or insulation of communication conductors.

57.12011 High-potential electrical conductors.

57.12012 Bare signal wires.

57.12013 Splices and repairs of power cables.

57.12014 Handling energized power cables.

57.12016 Work on electrically-powered equipment.

57.12017 Work on power circuits.

57.12018 Identification of power switches.

57.12019 Access to stationary electrical equipment or switchgear.

57.12020 Protection of persons at switchgear.

57.12021 Danger signs.

57.12022 Authorized persons at major electrical installations.

57.12023 Guarding electrical connections and resistor grids.

57.12025 Grounding circuit enclosures.

57.12026 Grounding transformer and switchgear enclosures.

57.12027 Grounding mobile equipment.

57.12028 Testing grounding systems.

57.12030 Correction of dangerous conditions.

57.12032 Inspection and cover plates.

57.12033 Hand-held electric tools.

57.12034 Guarding around lights.

57.12035 Weatherproof lamp sockets.

57.12036 Fuse removal or replacement.

57.12037 Fuses in high-potential circuits.

57.12038 Attachment of trailing cables.

57.12039 Protection of surplus trailing cables.

57.12040 Installation of operating controls.

57.12041 Design of switches and starting boxes.

57.12042 Track bonding.

57.12045 Overhead powerlines.

57.12047 Guy wires.

57.12048 Communication conductors on power poles.

57.12050 Installation of trolley wires.

57.12053 Circuits powered from trolley wires.

SURFACE ONLY

57.12065 Short circuit and lightning protection.

57.12066 Guarding trolley wires and bare powerlines.

57.12067 Installation of transformers.

57.12068 Locking transformer enclosures.

57.12069 Lightning protection for telephone wires and ungrounded conductors.

57.12071 Movement or operation of equipment near high-voltage powerlines.

UNDERGROUND ONLY

57.12080 Bare conductor guards.

57.12081 Bonding metal pipelines to ground return circuits.

57.12082 Isolation of powerlines.

57.12083 Support of power cables in shafts and boreholes.

57.12084 Branch circuit disconnecting devices.

57.12085 Transformer stations.

57.12086 Location of trolley wire.

57.12088 Splicing trailing cables.

Subpart L—Compressed Air and Boilers

57.13001 General requirements for boilers and pressure vessels.

57.13010 Reciprocating-type air compressors.

57.13011 Air receiver tanks.

57.13012 Compressor air intakes.

57.13015 Inspection of compressed-air receivers and other unfired pressure vessels.

57.13017 Compressor discharge pipes.

57.13019 Pressure system repairs.

57.13020 Use of compressed air.

57.13021 High-pressure hose connections.

57.13030 Boilers.

Subpart M—Machinery and Equipment

57.14000 Definitions.

SAFETY DEVICES AND MAINTENANCE REQUIREMENTS

57.14100 Safety defects; examination, correction and records.

57.14101 Brakes.

57.14102 Brakes for rail equipment.

57.14103 Operators' stations.

57.14104 Tire repairs.

57.14105 Procedures during repairs or maintenance.

57.14106 Falling object protection.

57.14107 Moving machine parts.

57.14108 Overhead drive belts.

57.14109 Unguarded conveyors with adjacent travelways.

57.14110 Flying or falling materials.

57.14111 Slusher, backlash guards and securing.

57.14112 Construction and maintenance of guards.

57.14113 Inclined conveyors: backstops or brakes.

57.14114 Air valves for pneumatic equipment.

57.14115 Stationary grinding machines.

57.14116 Hand-held power tools.

57.14130 Roll-over protective structures (ROPS) and seat belts for surface equipment.

57.14131 Seat belts for surface haulage trucks.

57.14132 Horns and back-up alarms for surface equipment.

57.14160 Mantrip trolley wire hazards underground.

57.14161 Makeshift couplings.

57.14162 Trip lights.

SAFETY PRACTICES AND OPERATIONAL PROCEDURES

57.14200 Warnings prior to starting or moving equipment.

57.14201 Conveyor start-up warning.

57.14202 Manual cleaning of conveyor pulleys.

57.14203 Application of belt dressing.

57.14204 Machinery lubrication.

57.14205 Machinery, equipment, and tools.

57.14206 Securing movable parts.

57.14207 Parking procedures for unattended equipment.

57.14208 Warning devices.

57.14209 Safety procedures for towing.

57.14210 Movement of dippers, buckets, loading booms, or suspended loads.

57.14211 Blocking equipment in a raised position.

57.14212 Chains, ropes, and drive belts.

57.14213 Ventilation and shielding for welding.

57.14214 Train warnings.

57.14215 Coupling or uncoupling cars.

57.14216 Backpoling.

57.14217 Securing parked railcars.

57.14218 Movement of equipment on adjacent tracks.

57.14219 Brakeman signals.

APPENDIX I FOR SUBPART M—NATIONAL CONSENSUS STANDARDS

Subpart N—Personal Protection

SURFACE AND UNDERGROUND.

57.15001 First aid materials.

57.15002 Hard hats.

57.15003 Protective footwear.

57.15004 Eye protection.

57.15005 Safety belts and lines.

57.15006 Protective equipment and clothing for hazards and irritants.

57.15007 Protective equipment or clothing for welding, cutting, or working with molten metal.

57.15014 Eye protection when operating grinding wheels.

SURFACE ONLY

57.15020 Life jackets and belts.

UNDERGROUND ONLY

57.15030 Provision and maintenance of self-rescue devices.

57.15031 Location of self-rescue devices.

Subpart O—Materials Storage and Handling.

57.16001 Stacking and storage of materials.

57.16002 Bins, hoppers, silos, tanks, and surge piles.

57.16003 Storage of hazardous materials.

57.16004 Containers for hazardous materials.

57.16005 Securing gas cylinders.

57.16006 Protection of gas cylinder valves.

57.16007 Taglines, hitches, and slings.

57.16009 Suspended loads.

57.16010 Dropping materials from overhead.

57.16011 Riding hoisted loads or on the hoist hook.

57.16012 Storage of incompatible substances.

57.16013 Working with molten metal.

57.16014 Operator-carrying overhead cranes.

57.16015 Work or travel on overhead crane bridges.

57.16016 Lift trucks.

57.16017 Hoisting heavy equipment or material.

Subpart P—Illumination

57.17001 Illumination of surface working areas.

57.17010 Electric lamps.

Subpart Q—Safety Programs

SURFACE AND UNDERGROUND

57.18002 Examination of working places.

57.18006 New employees.

57.18009 Designation of person in charge.

57.18010 First aid training.

57.18012 Emergency telephone numbers.

57.18013 Emergency communications system.

57.18014 Emergency medical assistance and transportation.

SURFACE ONLY

57.18020 Working alone.

UNDERGROUND ONLY

57.18025 Working alone.

57.18028 Mine emergency and self-rescuer training

Subpart R—Personnel Hoisting.

57.19000 Application.

HOISTS

57.19001 Rated capacities.

57.19002 Anchoring.

57.19003 Driving mechanism connections.

57.19004 Brakes.

57.19005 Locking mechanism for clutch.

57.19006 Automatic hoist braking devices.

57.19007 Overtravel and overspeed devices.

57.19008 Friction hoist synchronizing mechanisms.

57.19009 Position indicator.

57.19010 Location of hoist controls.

57.19011 Drum flanges.

57.19012 Grooved drums.

57.19013 Diesel-and other fuel-injection-powered hoists.

57.19014 Friction hoist overtravel protection.

57.19017 Emergency braking for electric hoist.

57.19018 Overtravel by-pass switches.

WIRE ROPES

57.19019 Guide ropes.

57.19021 Minimum rope strength.

57.19022 Initial measurement.

57.19023 Examinations.

57.19024 Retirement criteria.

57.19025 Load end attachments.

57.19026 Drum end attachment.

57.19027 End attachment retermination.

57.19028 End attachment replacement.

57.19030 Safety device attachments.

HEADFRAMES AND SHEAVES

57.19035 Headframe design.

57.19036 Headframe height.

57.19037 Fleet angles.

57.19038 Platforms around elevated head sheaves.

CONVEYANCES

57.19045 Metal bonnets.

57.19049 Hoisting persons in buckets.

57.19050 Bucket requirements.

57.19054 Rope guides.

HOISTING PROCEDURES

57.19055 Availability of hoist operator for manual hoists.

57.19056 Availability of hoist operator for automatic hoists.

57.19057 Hoist operator's physical fitness.

57.19058 Experienced hoist operators.

57.19061 Maximum hoisting speeds.

57.19062 Maximum acceleration and deceleration.

57.19063 Persons allowed in hoist room.

57.19065 Lowering conveyances by the brakes.

57.19066 Maximum riders in a conveyance.

57.19067 Trips during shift changes.

57.19068 Orderly conduct in conveyances.

57.19069 Entering and leaving conveyances.

57.19070 Closing cage doors or gates.

57.19071 Riding in skips or buckets.

57.19072 Skips and cages in same compartment.

57.19073 Hoisting during shift changes.

57.19074 Riding the bail, rim, bonnet, or crosshead.

57.19075 Use of open hooks.

57.19076 Maximum speeds for hoisting persons in buckets.

57.19077 Lowering buckets.

57.19078 Hoisting buckets from the shaft bottom.

57.19079 Blocking mine cars.

57.19080 Hoisting tools, timbers, and other materials.

57.19081 Conveyances not in use.

57.19083 Overtravel backout device.

SIGNALING

57.19090 Dual signaling systems.

57.19091 Signaling instructions to hoist operator.

57.19092 Signaling from conveyances.

57.19093 Standard signal code.

57.19094 Posting signal code.

57.19095 Location of signal devices.

57.19096 Familiarity with signal code.

SHAFTS

57.19100 Shaft landing gates.

57.19101 Stopblocks and derail switches.

57.19102 Shaft guides.

57.19103 Dumping facilities and loading pockets.

57.19104 Clearance at shaft stations.

57.19105 Landings with more than one shaft entrance.

57.19106 Shaft sets.

57.19107 Precautions for work in compartment affected by hoisting operation.

57.19108 Posting warning signs during shaft work.

57.19109 Shaft inspection and repair.

57.19110 Overhead protection for shaft deepening work.

57.19111 Shaft-sinking ladders.

INSPECTION AND MAINTENANCE

57.19120 Procedures for inspection, testing, and maintenance.

57.19121 Recordkeeping.

57.19122 Replacement parts.

57.19129 Examinations and tests at beginning of shift.

57.19130 Conveyance shaft test.

57.19131 Hoist conveyance connections.

57.19132 Safety catches.

57.19133 Shaft.

57.19134 Sheaves.

57.19135 Rollers in inclined shafts.

Subpart S—Miscellaneous

57.20001 Intoxicating beverages and narcotics.

57.20002 Potable water.

57.20003 Housekeeping.

57.20005 Carbon tetrachloride.

57.20008 Toilet facilities.

57.20009 Tests for explosive dusts.

57.20010 Retaining dams.

57.20011 Barricades and warning signs.

57.20012 Labeling of toxic materials.

57.20013 Waste receptacles.

57.20014 Prohibited areas for food and beverages.

57.20020 Unattended mine openings.

57.20021 Abandoned mine openings.

57.20031 Blasting underground in hazardous areas.

57.20032 Two-way communication equipment for underground operations.

Subpart T—Safety Standards for Methane in Metal and Nonmetal Mines

GENERAL

57.22001 Scope.

57.22002 Definitions.

MINE CATEGORIZATION

57.22003 Mine category or subcategory.

57.22004 Category placement or change in placement.

57.22005 Notice and appeal of placement or change in placement.

FIRE PREVENTION AND CONTROL

57.22101 Smoking (I-A, II-A, III, and V-A mines).

57.22102 Smoking (I-C mines).

57.22103 Open flames (I-A, II-A, III, and V-A mines).

57.22104 Open flames (I-C mines).

57.22105 Smoking and open flames (IV mines).

57.22106 Dust containing volatile matter (I-C mines).

VENTILATION

57.22201 Mechanical ventilation (I-A, I-B, I-C, II-A, II-B, III,

IV, V-A, and V-B mines).

57.22202 Main fans (I-A, I-B, I-C, II-A, III, V-A, and V-B mines).

57.22203 Main fan operation (I-C mines).

57.22204 Main fan operation and inspection (I-A, II-A, III,

and V-A mines).

57.22205 Doors on main fans (I-A, II-A, III, and V-A mines).

57.22206 Main ventilation failure (I-A, II-A, III, and V-A mines).

57.22207 Booster fans (I-A, II-A, III, and V-A mines).

57.22208 Auxiliary fans (I-A, II-A, III, and V-A mines).

57.22209 Auxiliary fans (I-C mines).

57.22210 In-line filters (I-C mines).

57.22211 Air flow (I-A mines).

57.22212 Air flow (I-C, II-A, and V-A mines).

57.22213 Air flow (III mines).

57.22214 Changes in ventilation (I-A, II-A, III, and V-A mines).

57.22215 Separation of intake and return air (I-A, II-A, III,

and V-A mines).

57.22216 Separation of intake and return air (I-C mines).

57.22217 Seals and stoppings (I-A, I-B and I-C mines).

57.22218 Seals and stoppings (III, V-A, and V-B mines).

57.22219 Seals and stoppings (II-A mines).

57.22220 Air passing unsealed areas (I-A, II-A, III, and

V-A mines).

57.22221 Overcast and undercast construction (I-A, II-A, III,

and V-A mines).

57.22222 Ventilation materials (I-A, I-B, I-C, II-A, III, V-A,

and V-B mines).

57.22223 Crosscuts before abandonment (III mines).

57.22224 Auxiliary equipment stations (I-A and III mines).

57.22225 Auxiliary equipment stations (I-C mines).

57.22226 Testing for methane (IV mines).

57.22227 Approved testing devices (I-A, I-B, I-C, II-A, II-B, III, IV,

V-A, and V-B mines).

57.22228 Preshift examination (I-A, I-C, II-A, III, and V-A mines).

57.22229 Weekly testing (I-A, III, and V-A mines).

57.22230 Weekly testing (II-A mines.

57.22231 Actions at 0.25 percent methane (I-B, II-B, V-B

and VI mines).

57.22232 Actions at 0.5 percent methane (I-B, II-A, II-B, IV,

V-B, and VI mines).

57.22233 Actions at 0.5 percent methane (I-C mines).

57.22234 Actions at 1.0 percent methane (I-A, I-B, III,

V-A, and V-B mines).

57.22235 Actions at 1.0 percent methane (I-C, II-A, II-B, and IV mines).

57.22236 Actions at 1.0 percent methane (VI mines).

57.22237 Actions at 2.0 to 2.5 percent methane in bleeder systems

(I-A and III mines) .

57.22238 Actions at 2.0 percent methane (I-B, II-B, V-B, and VI mines).

57.22239 Actions at 2.0 percent methane (IV mines).

57.22240 Actions at 2.0 percent methane (V-A mines).

57.22241 Advance face boreholes (I-C mines).

EQUIPMENT

57.22301 Atmospheric monitoring systems (I-A, II-A, and V-A

mines).

57.22302 Approved equipment (I-A and V-A mines).

57.22303 Approved equipment (I-C mines).

57.22304 Approved equipment (II-A mines).

57.22305 Approved equipment (III mines).

57.22306 Methane monitors (I-A mines).

57.22307 Methane monitors (II-A mines).

57.22308 Methane monitors (III mines).

57.22309 Methane monitors (V-A mines).

57.22310 Electrical cables (I-C mines).

57.22311 Electrical cables (II-A mines).

57.22312 Distribution boxes (II-A and V-A mines).

57.22313 Explosion-protection systems (I-C mines).

57.22314 Flow-control devices (V-A and V-B mines).

57.22315 Self-contained breathing apparatus (V-A mines).

UNDERGROUND RETORTS

57.22401 Underground retorts (I-A and I-B mines).

ILLUMINATION

57.22501 Personal electric lamps (I-A, I-B, I-C, II-A, II-B, III, IV, V-A, and V-B mines).

EXPLOSIVES

57.22601 Blasting from the surface (I-A mines).

57.22602 Blasting from the surface (I-C mines).

57.22603 Blasting from the surface (II-A mines).

57.22604 Blasting from the surface (II-B mines).

57.22605 Blasting from the surface (V-A mines).

57.22606 Explosive materials and blasting units (III mines).

57.22607 Blasting on shift (III mines).

57.22608 Secondary blasting (I-A, II-A, and V-A mines).

APPENDIX I TO SUBPART T—STANDARD APPLICABILITY BY CATEGORY OR SUBCATEGORY

Authority: 30 U.S.C. 811, 957, and 961.

Source: 50 FR 4082, Jan. 29, 1985, unless otherwise noted.

Subpart A-General

S 57.1 Purpose and scope.

This part 57 sets forth mandatory safety and health standards for each underground metal or nonmetal mine, including related surface operations, subject to the Federal Mine Safety and Health Act of 1977. The purpose of these standards is the protection of life, the promotion of health and safety, and the prevention of accidents.

S 57.2 Definitions.

The following definitions apply in this part, except in any subpart preceded by a separate set of definitions:

Abandoned mine means all work has stopped on the mine premises and an office with a respon- sible person in charge is no longer maintained at the mine.

Abandoned workings means deserted mine areas in which further work is not intended.

Active workings means areas at, in, or around a mine or plant where men work or travel.

American Table of Distances means the current edition of "The American Table of Distances for Storage of Explosives" published by the Institute of Makers of Explosives.

Approved means tested and accepted for a specific purpose by a nationally recognized agency.

Authorized person means a person approved or assigned by mine management to perform a specific type of duty or duties or to be at a specific location or locations in the mine.

Auxiliary fan means a fan used to deliver air to working place off the main airstream; generally used with ventilation tubing.

Barricaded means obstructed to prevent the passage of persons, vehicles, or flying materials.

Blasting agent means any substance classified as a blasting agent by the Department of Transpor- tation in 49 CFR 173.114(a) (44 FR 31182, May 31, 1979) which is incorporated by reference. This document is available for inspection at each Metal and Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety and Health Administration, and may be obtained from the U.S. Government Printing Office, Washington, DC 20402.

Blasting area means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury.

Blasting cap means a detonator which is initiated by a safety fuse.

Blasting circuit means the electrical circuit used to fire one or more electric blasting caps.

Blasting switch means a switch used to connect a power source to a blasting circuit.

Booster fan means a fan installed in the main airstream or a split of the main airstream to in- crease airflow through a section or sections of a mine.

‘ Booster means any unit of explosive or blasting agent used for the purpose of perpetuating or intensifying an initial detonation.

Capped fuse means a length of safety fuse to which a blasting cap has been attached.

Capped primer means a package or cartridge of explosives which is specifically designed to transmit detonation to other explosives and which contains a detonator.

Combustible means capable of being ignited and consumed by fire.

Company official means a member of the company supervisory or technical staff.

Competent person means a person having abilities and experience that fully qualify him to perform the duty to which he is assigned.

Conductor means a material, usually in the form of a wire, cable, or bus bar, capable of carrying an electric current.

Delay connector means a nonelectric short interval delay device for use in delaying blasts which are initiated by detonating cord.

Detonating cord means a flexible cord containing a solid core of high explosives.

Detonator means any device containing a detonating charge that is used to initiate an explosive and includes but is not limited to blasting caps, electric blasting caps and nonelectric instantaneous or delay blasting caps.

Distribution box means a portable apparatus with an enclosure through which an electric circuit is carried to one or more cables from a single incoming feed line; each cable circuit being connected through individual overcurrent protective devices.

Electric blasting cap means a detonator designed for and capable of being initiated by means of an electric current.

Electrical grounding means to connect with the ground to make the earth part of the circuit.

Employee means a person who works for wages or salary in the service of an employer.

Employer means a person or organization which hires one or more persons to work for wages or salary.

Escapeway means a passageway by which persons may leave a mine.

Explosive means any substance classified as an explosive by the Department of Transportation in 49 CFR 173.53, 173.88 and 173.100 which are incorporated by reference. Title 49 CFR is available for inspection at each Metal and Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety and Health Administration, and may be obtained from the U.S. Government Printing Office, Washing- ton, DC 20402.

Face or bank means that part of any mine where excavating is progressing or was last done.

Flammable means capable of being easily ignited and of burning rapidly.

Flash point means the minimum temperature at which sufficient vapor is released by a liquid or solid to form a flammable vapor-air mixture at atmospheric pressure.

Highway means any public street, public alley or public road.

High potential means more than 650 volts.

Hoist means a power driven windlass or drum used for raising ore, rock, or other material from a mine, and for lowering or raising persons and material.

Igniter cord means a fuse, cordlike in appearance, which burns progressively along its length with an external flame at the zone of burning, and is used for lighting a series of safety fuses in the desired sequence.

Insulated means separated from other conducting surfaces by a dielectric substance permanently offering a high resistance to the passage of current and to disruptive discharge through the substance.

When any substance is said to be insulated, it is understood to be insulated in a manner suitable for the conditions to which it is subjected. Otherwise, it is, within the purpose of this definition, uninsulated.

Insulating covering is one means for making the conductor insulated.

Insulation means a dielectric substance offering a high resistance to the passage of current and to disruptive discharge through the substance.

Lay means the distance parallel to the axis of the rope in which a strand makes one complete turn about the axis of the rope

Low potential means 650 volts or less.

Magazine means a facility for the storage of explosives, blasting agents, or detonators.

Main fan means a fan that controls the entire airflow of the mine, or the airflow of one of the major air circuits.

Major electrical installation means an assemblage of stationary electrical equipment for the generation, transmission, distribution, or conversion of electrical power.

Mantrip means a trip on which persons are transported to and from a work area.

Mill includes any ore mill, sampling works, concentrator, and any crushing, grinding, or screen- ing plant used at, and in connection with, an excavation or mine.

Mine opening means any opening or entrance from the surface into a mine.

Misfire means the complete or partial failure of a blasting charge to explode as planned.

Non-electric delay blasting cap means a detonator with an integral delay element and capable of being initiated by miniaturized detonating cord.

Overburden means material of any nature, consolidated or unconsolidated, that overlies a deposit of useful materials or ores that are to be mined.

Overload means that current which will cause an excessive or dangerous temperature in the conductor or conductor insulation.

Permissible means a machine, material, apparatus, or device which has been investigated, tested, and approved by the Bureau of Mines or the Mine Safety and Health Administration, and is maintained in permissible condition.

Publications to which references are made in this definition are hereby made a part hereof. These incor- porated publications are available for inspection at each Metal and Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety and Health Administration.

Powder chest means a substantial, nonconductive portable container equipped with a lid and used at blasting sites for explosives other than blasting agents.

Primer means a unit, package, or cartridge of explosives used to initiate other explosives or blasting agents, and which contains a detonator.

Reverse-current protection means a method or device used on direct-current circuits or equip- ment to prevent the flow of current in a reverse direction.

Roll protection means a framework, safety canopy or similar protection for the operator when equipment overturns.

Safety can means an approved container, of not over 5 gallons capacity, having a spring-closing lid and spout cover.

Safety fuse means a flexible cord containing an internal burning medium by which fire is con- veyed at a continuous and uniform rate for the purpose of firing blasting caps or a black powder charge.

Safety switch means a sectionalizing switch that also provides shunt protection in blasting circuits between the blasting switch and the shot area.

Scaling means removal of insecure material from a face or highwall.

Secondary safety connection means a second connection between a conveyance and rope, in- tended to prevent the conveyance from running away or falling in the event the primary connection fails.

Shaft means a vertical or inclined shaft, a slope, incline, or winze.

Short circuit means an abnormal connection of relatively low resistance, whether made acciden- tally or intentionally, between two points of difference potential in a circuit.

Slurry (as applied to blasting). See "Water gel."

Stray current means that portion of a total electric current that flows through paths other than the intended circuit.

State Mine Inspector means the State Mine Inspector of the State of Wyoming or any Deputy State Mine Inspectors employed by the Inspector.

Substantial construction means construction of such strength, material, and workmanship that the object will withstand all reasonable shock, wear, and usage to which it will be subjected.

Suitable means that which fits, and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.

Travelway means a passage, walk or way regularly used and designated for persons to go from one place to another.

Water gel or Slurry (as applied to blasting) means an explosive or blasting agent containing substantial portions of water.

Wet drilling means the continuous application of water through the central hole of hollow drill steel to the bottom of the drill hole.

Working level (WL) means any combination of the short-lived radon daughters in one liter of air that will result in ultimate emission of 1.3X105 MeV (million electron volts) of potential alpha energy, and exposure to these radon daughters over a period of time is expressed in terms of "working level months" (WLM). Inhalation of air containing a radon daughter concentration of 1 WL for 173 hours results in an exposure of 1 WLM."

Working place means any place in or about a mine where work is being performed.

[50 FR 4082, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985; 53 FR 32526, Aug. 25, 1988]

Procedures

S 57.1000 Notification of commencement of operations and closing of mines.

The owner, operator, or person in charge of any metal and nonmetal mine shall notify the nearest Mine Safety and Health Administration Metal and Nonmetal Mine Safety and Health Subdistrict Office and the State Mine Inspector before starting operations, of the approximate or actual date mine operation will commence. The notification shall include the mine name, location, the company name, mailing address, person in charge, and whether operations will be continuous or intermittent. When any mine is closed, the person in charge shall notify the nearest subdistrict office as provided above and indicate whether the closure is temporary or permanent.

(Approved by the Office of Management and Budget under control number 1219-0092)

Subpart B-Ground Control

Authority: 30 U.S.C. 811.

Source: 51 FR 36198, Oct. 8, 1986, unless otherwise noted.

S 57.3000 Definitions.

The following definitions apply in this subpart.

Rock burst. A sudden and violent failure of overstressed rock resulting in the instantaneous release of large amounts of accumulated energy. Rock burst does not include a burst resulting from pressurized mine gases.

Rock fixture. Any tensioned or nontensioned device or material inserted into the ground to strengthen or support the ground.

Travelway. A passage, walk, or haulageway regularly used or designated for persons to go from one place to another.

Scaling and Support-Surface and Underground

S 57.3200 Correction of Hazardous conditions.

S 57.3201 Location for performing scaling.

Scaling shall be performed from a location which will not expose persons to injury from falling material, or other protection from falling material shall be provided.

S 57.3202 Scaling tools.

S 57.3203 Rock fixtures.

(a) When rock bolts and accessories addressed in ASTM F432-83, "Standard Specification for Roof and Rock Bolts and Accessories", are used for ground support, the mine operator shall—

(1) Obtain a manufacturer's certification that the material was manufactured and tested in accor- dance with the specifications of ASTM F432-83; and,

(2) Make this certification available to an authorized representative of the Secretary and the State Mine Inspector.

(b) Fixtures and accessories not addressed in ASTM F432-83 may be used for ground support provided they—

(1) Have been successful in supporting the ground in an area with similar strata, opening dimen- sions and ground stresses in any mine; or

(e) Damaged or deteriorated cartridges of grouting material shall not be used.

(f) When rock bolts tensioned by torquing are used as a means of ground support,

(1) Selected tension level shall be-

(i) At least 50 percent of either the yield point of the bolt or anchorage capacity of the rock, whichever is less; and

(ii) No greater than the yield point of the bolt or anchorage capacity of the rock.

(h) When other tensioned and nontensioned fixtures are used, test methods shall be established and used to verify their effectiveness.

(i) The mine operator shall certify that tests were conducted and make the certification available to an authorized representative of the Secretary and the State Mine Inspector.

[51 FR 36198, Oct. 8, 1986, as amended at 51 FR 36804, Oct. 16, 1986]

Scaling and Support-Underground Only

S 57.3360 Ground support use.

Ground support shall be used where ground conditions, or mining experience in similar ground conditions in the mine, indicate that it is necessary. When ground support is necessary, the support system shall be designed, installed, and maintained to control the ground in places where persons work or travel in performing their assigned tasks. Damaged, loosened, or dislodged timber use for ground support which creates a hazard to persons shall be repaired or replaced prior to any work or travel in the affected area.

Precautions-Surface and Underground

S 57.3400 Secondary breakage.

Prior to secondary breakage operations, the material to be broken, other than hanging material, shall be positioned or blocked to prevent movement which would endanger persons in the work area.

Secondary breakage shall be performed from a location which would not expose persons to danger.

S 57.3401 Examination of ground conditions.

Persons experienced in examining and testing for loose ground shall be designated by the mine operator. Appropriate supervisors or other designated persons shall examine and, where applicable, test ground conditions in areas where work is to be performed, prior to work commencing, after blasting, and as ground conditions warrant during the work shift. Underground haulageways and travelways and surface area highwalls and banks adjoining travelways shall be examined weekly or more often if chang- ing ground conditions warrant.

Precautions-Surface Only

S 57.3430 Activity between machinery or equipment and the highwall or bank.

Precautions-Underground Only

S 57.3460 Maintenance between machinery or equipment and ribs.

Persons shall not perform maintenance work between machinery or equipment and ribs unless the area has been tested and, when necessary, secured.

S 57.3461 Rock bursts.

(a) Operators of mines which have experienced a rock burst shall—

(1) Within twenty four hours report to the nearest MSHA office and the State Mine Inspector each rock burst which:

(i) Causes persons to be withdrawn;

(ii) Impairs ventilation;

(iii) Impedes passage; or

(iv) Disrupts mining activity for more than one hour.

(2) Develop and implement a rock burst control plan within 90 days after a rock burst has been experienced.

(b) The plan shall include—

(1) Mining and operating procedures designed to reduce the occurrence of rock bursts;

(2) Monitoring procedures where detection methods are used; and

(3) Other measures to minimize exposure of persons to areas which are prone to rock bursts.

(d) The plan shall be available to an authorized representative of the Secretary, the State Mine Inspector and to miners or their representatives.

Subpart C-Fire Prevention and Control

Authority: Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).

S 57.4000 Definitions.

The following definitions apply in this subpart.

Booster fan. A fan installed in the main airstream or a split of the main airstream to increase airflow through a section or sections of a mine.

Combustible liquids. Liquids having a flash point at or above 100 oF (37.8 oC). They are divided into the following classes:

Class II liquids-those having flash points at or above 100 oF (37.8 oC) and below 140 oF (60 oC).

Class IIIA liquids-those having flash points at or above 140 oF (60 oC) and below 200 oF (93.4 oC).

Class IIIB liquids-those having flash points at or above 200 oF (93.4 oC).

Escapeway. A designated passageway by which persons can leave an underground mine.

Fire resistance rating. The time, in minutes or hours, that an assembly of materials will retain its protective characteristics or structural integrity upon exposure to fire.

Flame spread rating. The numerical designation that indicates the extent flame will spread over the surface of a material during a specified period of time.

Flammable gas. A gas that will burn in the normal concentrations of oxygen in the air.

Flammable liquid. A liquid that has a flash point below 100 oF (37.8 oC), a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 oF (37.8 oC), and is known as a Class I liquid.

Flash point. The minimum temperature at which sufficient vapor is released by a liquid to form a flammable vapor-air mixture near the surface of the liquid.

Main fan. A fan that controls the entire airflow of an underground mine or the airflow of one of the major air circuits of the mine.

Mine opening. Any opening or entrance from the surface into an underground mine.

Multipurpose dry-chemical fire extinguisher. An extinguisher having a rating of at least 2-A:10- B:C and containing a nominal 4.5 pounds or more of dry-chemical agent.

Safety can. A container of not over five gallons capacity that is designed to safely relieve internal pressure when exposed to heat and has a spring-closing lid and spout cover.

Storage tank. A container exceeding 60 gallons in capacity used for the storage of flammable or combustible liquids.

S 57.4011 Abandoned electric circuits.

Abandoned electric circuits shall be deenergized and isolated so that they cannot become ener- gized inadvertently.

S 57.4057 Underground trailing cables.

Underground trailing cables shall be accepted or approved by MSHA as flame-resistant.

[57 FR 61223, Dec. 23, 1992]

Prohibitions/Precautions/Housekeeping 57.4100 Smoking and use of open flames.

No person shall smoke or use an open flame where flammable or combustible liquids, including greases, or flammable gases are—

(a) Used or transported in a manner that could create a fire hazard; or

(b) Stored or handled.

S 57.4101 Warning signs.

Readily visible signs prohibiting smoking and open flames shall be posted where a fire or explo- sion hazard exists.

S 57.4102 Spillage and leakage.

Flammable or combustible liquid spillage or leakage shall be removed in a timely manner or controlled to prevent a fire hazard.

S 57.4103 Fueling internal combustion engines.

Internal combustion engines shall be switched off before refueling if the fuel tanks are integral parts of the equipment. This standard does not apply to diesel-powered equipment.

S 57.4104 Combustible waste.

(a) Waste materials, including liquids, shall not accumulate in quantities that could create a fire hazard.

(b) Waste or rags containing flammable or combustible liquids that could create a fire hazard shall be placed in the following containers until disposed of properly:

(1) Underground-covered metal containers.

(2) On the surface-covered metal containers or equivalent containers with flame containment characteristics.

S 57.4130 Surface electric substations and liquid storage facilities.

The requirements of this standard apply to surface areas only.

(a) If a hazard to persons could be created, no combustible materials shall be stored or allowed to accumulate within 25 feet of the following:

(1) Electric substations.

(2) Unburied, flammable or combustible liquid storage tanks.

(3) Any group of containers used for storage of more than 60 gallons of flammable or combus- tible liquids.

(b) The area within the 25-foot perimeter shall be kept free of dry vegetation.

S 57.4131 Surface fan installations and mine openings.

(a) On the surface, no more than one day's supply of combustible materials shall be stored within 100 feet of mine openings or within 100 feet of fan installations used for underground ventilation.

(b) the one-day supply shall be kept at least 25 feet away from any mine opening except during transit into the mine.

S 57.4160 Underground electric substations and liquid storage facilities.

The requirements of this standard apply to underground areas only.

(a) Areas within 25 feet of the following shall be free of combustible materials:

(1) Electric substations.

(2) Unburied, combustible liquid storage tanks.

(3) Any group of containers used for storage of more than 60 gallons of combustible liquids.

(b) This standard does not apply to installed wiring or timber that is coated with at least one inch of shotcrete, one-half inch of gunite, or other noncombustible materials with equivalent fire protection characteristics.

S 57.4161 Use of fire underground.

Fires shall not be lit underground, except for open-flame torches. Torches shall be attended at all times while lit.

Firefighting Equipment

S 57.4200 General requirements.

(a) For fighting fires that could endanger persons, each mine shall have—

(1) Onsite firefighting equipment for fighting fires in their early stages; and

(2) Onsite firefighting equipment for fighting fires beyond their early stages, or the mine shall have made prior arrangements with a local fire department to fight such fires.

(b) This onsite firefighting equipment shall be—

(1) Of the type, size, and quantity that can extinguish fires of any class which would occur as a result of the hazards present; and

(2) Strategically located, readily accessible, plainly marked, and maintained in fire-ready condi- tion.

[50 FR 4082, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]

S 57.4201 Inspection.

(a) Firefighting equipment shall be inspected according to the following schedules:

(1) Fire extinguishers shall be inspected visually at least once a month to determine that they are fully charged and operable.

(3) Fire extinguishers shall be hydrostatically tested according to Table C-1 or a schedule based on the manufacturer's specifications to determine the integrity of extinguishing agent vessels.

(4) Water pipes, valves, outlets, hydrants, and hoses that are part of the mine's firefighting system shall be visually inspected at least once every three months for damage or deterioration and use- tested at least once every twelve months to determine that they remain functional.

(5) Fire suppression systems shall be inspected at least once every twelve months. An inspection schedule based on the manufacturer's specifications or the equivalent shall be established for individual components of a system and followed to determine that the system remains functional. Surface fire suppression systems are exempt from these inspection requirements if the systems are used solely for the protection of property and no persons would be affected by a fire.

Table C-1—Hydrostatic Test Intervals for Fire Extinguishers

Extinguisher type Test interval (years)

Soda Acid 5

Cartridge-Operated Water

and/or Antifreeze 5

Stored-Pressure Water and/

or Antifreeze 5

Wetting Agent 5

Foam 5

AFFF (Aqueous Film Forming Foam) 5

Loaded Stream 5

Dry-Chemical with Stainless

Steel Shells 5

Carbon Dioxide 5

Dry-Chemical, Stored Pressure,

with Mild Steel Shells, Brazed

Brass Shells, or Aluminum Shells 12

Dry-Chemical, Cartridge or Cylinder

Operated, with Mild Steel Shells 12

Bromotrifluoromethane-Halon 1301 12

Bromochlorodifluoromethane-Halon 1211 12

Dry-Powder, Cartridge or Cylinder-

Operated, with Mild Steel Shells/1 12

1/Except for stainless steel and steel used for compressed gas cylinders, all other steel shells are defined as "mild steel" shells.

S 57.4202 Fire hydrants.

If fire hydrants are part of the mine's firefighting system, the hydrants shall be provided with—

(a) Uniform fittings or readily available adapters for onsite firefighting equipment;

(b) Readily available wrenches or keys to open the valves; and

(c) Readily available adapters capable of connecting hydrant fittings to the hose equipment of any firefighting organization relied upon by the mine.

S 57.4203 Extinguisher recharging or replacement.

Fire extinguishers shall be recharged or replaced with a fully charged extinguisher promptly after any discharge.

S 57.4230 Surface self-propelled equipment.

(a)(1) Whenever a fire or its effects could impede escape from self-propelled equipment, a fire extinguisher shall be on the equipment.

(b) A fire suppression system may be used as an alternative to fire extinguishers if the system can be manually activated.

Fire extinguishers or manual actuators for the suppression system shall be located to permit their use by persons whose escape could be impeded by fire.

S 57.4260 Underground self-propelled equipment.

(a) Whenever self-propelled equipment is used underground, a fire extinguisher shall be on the equipment. This standard does not apply to compressed-air powered equipment without inherent fire hazards.

(b) A fire suppression system may be used as an alternative to fire extinguishers if the system can be manually actuated.

The fire extinguishers or the manual actuator for the suppression system shall be readily accessible to the equipment operator.

S 57.4261 Shaft-station waterlines.

Waterline outlets that are located at underground shaft stations and are part of the mine's fire protection system shall have at least one fitting located for, and capable of, immediate connection to firefighting equipment.

S 57.4262 Underground transformer stations, combustible liquid storage and dispensing areas, pump rooms, compressor rooms, and hoist rooms.

Transformer stations, storage and dispensing areas for combustible liquids, pump rooms, com- pressor rooms, and hoist rooms shall be provided with fire protection of a type, size, and quantity that can extinguish fires of any class in their early stages which could occur as a result of the hazards present.

S 57.4263 Underground belt conveyors.

Fire protection shall be provided at the head, tail, drive, and take-up pulleys of underground belt conveyors. Provisions shall be made for extinguishing fires along the beltline. Fire protection shall be of type, size, and quantity that can extinguish fires of any class in their early stages which could occur as result of the fire hazards present.

Firefighting Procedures/Alarms/Drills

S 57.4330 Surface firefighting, evacuation, and rescue procedures.

(a) Mine operators shall establish emergency firefighting, evacuation, and rescue procedures for the surface portions of their operations. These procedures shall be coordinated in advance with available firefighting organizations.

(b) Fire alarm procedures or systems shall be established to promptly warn every person who could be endangered by a fire.

S 57.4331 Surface firefighting drills.

Emergency firefighting drills shall be held at least once every six months for persons assigned surface firefighting responsibilities by the mine operator.

S 57.4360 Underground alarm systems.

(a) Fire alarm systems capable of promptly warning every person underground, except as pro- vided in paragraph (b), shall be provided and maintained in operating condition.

(b) If persons are assigned to work areas beyond the warning capabilities of the system, provi- sions shall be made to alert them in a manner to provide for their safe evacuation in the event of a fire.

S 57.4361 Underground evacuation drills.

(a) At least once every six months, mine evacuation drills shall be held to assess the ability of all persons underground to reach the surface or other designated points of safety within the time limits of the self-rescue devices that would be used during an actual emergency.

(b) The evacuation drills shall—

(1) Be held for each shift at some time other than a shift change and involve all persons under- ground;

(2) Involve activation of the fire alarm system; and

(3) Include evacuation of all persons from their work areas to the surface or to designated central evacuation points.

(c) At the completion of each drill, the mine operator shall certify the date and the time the evacuation began and ended. Certifications shall be retained for at least one year after each drill.

S 57.4362 Underground rescue and firefighting operations.

Following evacuation of a mine in a fire emergency, only persons wearing and trained in the use of mine rescue apparatus shall participate in rescue and firefighting operations in advance of the fresh air base.

S 57.4363 Underground evacuation instruction.

(a) At least once every twelve months, all persons who work underground shall be instructed in the escape and evacuation plans and procedures and fire warning signals in effect at the mine.

(b) Whenever a change is made in escape and evacuation plans and procedures for any area of the mine, all persons affected shall be instructed in the new plans or procedures.

(c) Whenever persons are assigned to work in areas other than their regularly assigned areas, they shall be instructed about the escapeway for that area at the time of such assignment. However, persons who normally work in more than one area of the mine shall be instructed at least once every twelve months about the location of escapeways for all areas of the mine in which they normally work or travel.

(d) At the completion of any instruction given under this standard, the mine operator shall certify the date that the instruction was given. Certifications shall be retained for at least one year.

Flammable and Combustible Liquids and Gases

S 57.4400 Use restrictions.

(a) Flammable liquids shall not be used for cleaning.

(b) Solvents shall not be used near an open flame or other ignition source, near any source of heat, or in an atmosphere that can elevate the temperature of the solvent above the flash point.

S 57.4401 Storage tank foundations.

S 57.4402 Safety can use.

Small quantities of flammable liquids drawn from storage shall be kept in safety cans labeled to indicate the contents.

S 57.4430 Surface storage facilities.

The requirements of this standard apply to surface areas only.

(a) Storage tanks for flammable or combustible liquids shall be—

(1) Capable of withstanding working pressures and stresses and compatible with the type of liquid stored;

(2) Maintained in a manner that prevents leakage;

(3) Isolated or separated from ignition sources to prevent fire or explosion; and

(b) All piping, valves, and fittings shall be—

(1) Capable of withstanding working pressures and stresses;

(2) Compatible with the type of liquid stored; and

(3) Maintained in a manner that prevents leakage.

(1) Containment for the entire capacity of the largest tank; or

(2) Drainage to a remote impoundment area that does not endanger persons. However, storage of only Class IIIB liquids does not require containment or drainage to remote impoundment.

S 57.4431 Surface storage restrictions.

(a) On the surface, no unburied flammable or combustible liquids or flammable gases shall be stored within 100 feet of the following:

(1) Mine openings or structures attached to mine openings.

(2) Fan installations for underground ventilation.

(3) Hoist houses.

(b) Under this standard, the following may be present in the hoist house in quantities necessary for the day-to-day maintenance of the hoist machinery:

(1) Flammable liquids in safety cans or in other containers placed in tightly closed cabinets. The safety cans and cabinets shall be kept away from any heat source, and each cabinet shall be labeled "flammables."

(2) Combustible liquids in closed containers. The containers shall be kept away from any heat source and the hoist operator's work station.

S 57.4460 Storage of flammable liquids underground.

(a) Flammable liquids shall not be stored underground, except—

(1) Small quantities stored in tightly closed cabinets away from any heat source. The small quantities shall be stored in safety cans or in non-glass containers of a capacity equal to or less than a safety can. Each cabinet shall be labeled "flammables."

(2) Acetylene and liquefied petroleum gases stored in containers designed for that specific purpose.

(b) Gasoline shall not be stored underground in any quantity.

S 57.4461 Gasoline use restrictions underground.

If gasoline is used underground to power internal combustion engines—

(a) The mine shall be nongassy and shall have multiple horizontal or inclined roadways from the surface large enough to accommodate vehicular traffic;

(b) All roadways and other openings shall connect with another opening every 100 feet by a passage large enough to accommodate any vehicle in the mine or alternate routes shall provide equiva- lent escape capabilities; and

S 57.4462 Storage of combustible liquids underground.

The requirements of this standard apply to underground areas only.

(a) Combustible liquids, including oil or grease, shall be stored in non-glass containers or storage tanks. The containers or storage tanks shall be—

(1) Capable of withstanding working pressures and stresses and compatible with the type of liquid stored;

(2) Maintained in a manner that prevents leakage;

(3) Located in areas free of combustible materials or in areas where any exposed combustible materials are coated with one inch of shotcrete, one-half inch of gunite, or other noncombustible mate- rial with equivalent fire protection characteristics; and

(4) Separated from explosives or blasting agents, shaft stations, and ignition sources including electric equipment that could create sufficient heat or sparks to pose a fire hazard. Separation shall be sufficient to prevent the occurrence or minimize the spread of fire.

(b) Storage tanks shall be vented or otherwise constructed to prevent development of pressure or vacuum as a result of filling, emptying, or atmospheric temperature changes. Vents for storage of Class II or IIIA liquids shall be isolated or separated from ignition sources.

(c) At permanent storage areas for combustible liquids, means shall be provided for confinement or removal of the contents of the largest storage tank in the event of tank rupture.

(d) All piping, valves, and fittings shall be:

(1) Capable of withstanding working pressures and stresses;

(2) Compatible with the type of liquid stored; and

(3) Maintained in a manner which prevents leakage.

S 57.4463 Liquefied petroleum gas use underground.

Use of liquefied petroleum gases underground shall be limited to maintenance work.

Installation/Construction/Maintenance

S 57.4500 Heat sources.

Heat sources capable of producing combustion shall be separated from combustible materials if a fire hazard could be created.

S 57.4501 Fuel lines.

S 57.4502 Battery-charging stations.

(a) Battery-charging stations shall be ventilated with a sufficient volume of air to prevent the accumulation of hydrogen gas.

(b) Smoking, use of open flames, or other activities that could create an ignition source shall be prohibited at the battery charging station during battery charging.

(c) Readily visible signs prohibiting smoking or open flames shall be posted at battery-charging stations during battery charging.

S 57.4503 Conveyor belt slippage.

(a) Surface belt conveyors within confined areas where evacuation would be restricted in the event of a fire resulting from belt-slippage shall be equipped with a detection system capable of auto- matically stopping the drive pulley.

(b) Underground belt conveyors shall be equipped with a detection system capable of automati- cally stopping the drive pulley if slippage could cause ignition of the belt.

(c) A person shall attend the belt at the drive pulley when it is necessary to operate the conveyor while temporarily bypassing the automatic function.

S 57.4504 Fan installations.

(a) Fan houses, fan bulkheads for main and booster fans, and air ducts connecting main fans to underground openings shall be constructed of noncombustible materials.

(b) Areas within 25 feet of main fans or booster fans shall be free of combustible materials, except installed wiring, ground and track support, headframes, and direct-fired heaters. Other timber shall be coated with one inch of shotcrete, one-half inch of gunite, or other noncombustible materials.

S 57.4505 Fuel lines to underground areas.

Fuel lines into underground storage or dispensing areas shall be drained at the completion of each transfer of fuel unless the following requirements are met:

(a) The valve at the supply source shall be kept closed when fuel is not being transferred.

(b) The fuel line shall be—

(1) Capable of withstanding working pressures and stresses;

(2) Located to prevent damage; and

(c) Provisions shall be made for control or containment of the entire volume of the fuel line so that leakage will not create a fire hazard.

S 57.4530 Exits for surface buildings and structures.

Surface buildings or structures in which persons work shall have a sufficient number of exits to permit prompt escape in case of fire.

S 57.4531 Surface flammable or combustible liquid storage buildings or rooms.

(a) Surface storage buildings or storage rooms in which flammable or combustible liquids, including grease, are stored and that are within 100 feet of any person's work station shall be ventilated with a sufficient volume of air to prevent the accumulation of flammable vapors.

(b) In addition, the buildings or rooms shall be—

(1) Constructed to meet a fire resistance rating of at least one hour; or

(2) Equipped with an automatic fire suppression system; or

(3) Equipped with an early warning fire detection device that will alert any person who could be endangered by a fire, provided that no person's work station is in the building.

(c) Flammable or combustible liquids in use for day-to-day maintenance and operational activi- ties are not considered in storage under this standard.

S 57.4532 Blacksmith shops.

Blacksmith shops located on the surface shall be—

(a) At least 100 feet from fan installations used for intake air and mine openings;

(b) Equipped with exhaust vents over the forge and ventilated to prevent the accumulation of the products of combustion; and

S 57.4533 Mine opening vicinity.

Surface buildings or other similar structures within 100 feet of mine openings used for intake air or within 100 feet of mine openings that are designated escapeways in exhaust air shall be—

(a) Constructed of noncombustible materials; or

(b) Constructed to meet a fire resistance rating of no less than one hour; or

(d) Covered on all combustible interior and exterior structural surfaces with noncombustible material or limited combustible material, such as five-eighth inch, type "X" gypsum wallboard.

S 57.4560 Mine entrances.

For at least 200 feet inside the mine portal or collar timber used for ground support in intake openings and in exhaust openings that are designated as escapeways shall be—

(a) Provided with a fire suppression system, other than fire extinguishers and water hoses, ca- pable of controlling a fire in its early stages; or

(b) Covered with shotcrete, gunite, or other material with equivalent fire protection characteris- tics; or

(c) Coated with fire-retardant paint or other material to reduce its flame spread rating to 25 or less and maintained in that condition.

[50 FR 4082, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]

S 57.4561 Stationary diesel equipment underground.

Stationary diesel equipment underground shall be—

(a) Supported on a noncombustible base; and

(b) Provided with a thermal sensor that automatically stops the engine if overheating occurs.

Welding/Cutting/Compressed Gases

S 57.4600 Extinguishing equipment.

(a) When welding, cutting, soldering, thawing, or bending—

(1) With an electric arc or with an open flame where an electrically conductive extinguishing agent could create an electrical hazard, a multipurpose dry-chemical fire extinguisher or other extin- guisher with at least a 2-A:10-B:C rating shall be at the worksite.

(2) With an open flame in an area where no electrical hazard exists, a multipurpose dry-chemical fire extinguisher or equivalent fire extinguishing equipment for the class of fire hazard present shall be at the worksite.

S 57.4601 Oxygen cylinder storage.

Oxygen cylinders shall not be stored in rooms or areas used or designated for storage of flam- mable or combustible liquids, including grease.

S 57.4602 Gauges and regulators.

Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease.

S 57.4603 Closure of valves.

To prevent accidental release of gases from hoses and torches attached to oxygen and acetylene cylinders or to manifold systems, cylinder or manifold system valves shall be closed when—

(a) The cylinders are moved;

(b) The torch and hoses are left unattended; or

S 57.4604 Preparation of pipelines or containers.

(a) Drained, ventilated, and thoroughly cleaned of any residue;

(b) Vented to prevent pressure build-up during the application of heat; and

(c)(1) Filled with an inert gas or water, where compatible; or

(2) Determined to be free of flammable gases by a flammable gas detection device prior to and at frequent intervals during the application of heat.

S 57.4660 Work in shafts, raises, or winzes and other activities involving hazard areas.

During performance of an activity underground described in Table C-2 or when falling sparks or hot metal from work performed in a shaft, raise, or winze could pose a fire hazard—

(a) A multipurpose dry-chemical fire extinguisher shall be at the worksite to supplement the fire extinguishing equipment required by S 57.4600; and

(b) At least one of the following actions shall be taken:

(1) Wet down the area before and after the operation, taking precaution against any hazard of electrical shock.

(2) Isolate any combustible material with noncombustible material.

(3) Shield the activity so that hot metal and sparks cannot cause a fire.

(4) Provide a second person to watch for and extinguish any fire.

Table C-2

Activity Distance Fire hazard

———————————————————————————————

Welding or | |More than 1 gallon of

cutting with | | combustible liquid,

an electric arc | | unless in a closed,

or open flame | Within 35 feet of———————| metal container.

Using an open | |

flame to bend or| |More than 50 pounds of

heat materials | | non-fire-retardant

electrically, | |

except with | |More than 10 pounds

of heat tape | | combustible plastics.

—————————|————————————————————————|

Soldering or | |Materials in a shaft,

thawing with an | Within 10 feet of— | raise, or winze that

open flame | | hot metal or sparks.

———————————————————————————————————-

(5) Cover or bulkhead the opening immediately below and adjacent to the activity with noncom- bustible material to prevent sparks or hot metal from falling down the shaft, raise, or winze. This alterna- tive applies only to activities involving a shaft, raise, or winze.

Additional inspections shall be made or other fire prevention measures shall be taken if a fire hazard continues to exist.

Ventilation Control Measures

S 57.4760 Shaft mines.

(a) Shaft mines shall be provided with at least one of the following means to control the spread of fire, smoke, and toxic gases underground in the event of a fire: control doors, reversal of mechanical ventilation, or effective evacuation procedures. Under this standard, "shaft mine" means a mine in which any designated escapeway includes a mechanical hoisting device or a ladder ascent.

(1) Control doors. If used as an alternative, control doors shall be—

(i) Installed at or near shaft stations of intake shafts and any shaft designated as an escapeway under S 57.11053 or at other locations that provide equivalent protection;

(ii) Constructed and maintained according to Table C-3;

(iii) Provided with a means of remote closure at landings of timbered intake shafts unless a person specifically designated to close each door in the event of a fire can reach the door within three minutes;

(iv) Closed or opened only according to predetermined conditions and procedures;

(v) Constructed so that once closed they will not reopen as a result of a differential in air pres- sure;

(vi) Constructed so that they can be opened from either side by one person, or be provided with a personnel door that can be opened from either side; and

(vii) Clear of obstructions.

(2) Mechanical ventilation reversal. If used as an alternative, reversal of mechanical ventilation shall—

(i) Provide at all times at least the same degree of protection to persons underground as would be afforded by the installation of control doors;

(ii) Be accomplished by a main fan. If the main fan is located underground—

(A) The cable or conductors supplying power to the fan shall be routed through areas free of fire hazards; or

(B) The main fan shall be equipped with a second, independent power cable or set of conductors from the surface. The power cable or conductors shall be located so that an underground fire disrupting power in one cable or set of conductors will not affect the other; or

A second fan capable of accomplishing ventilation reversal shall be available for use in the event of failure of the main fan;

(iii) Provide rapid air reversal that allows persons underground time to exit in fresh air by the second escapeway or find a place of refuge; and

(iv) Be done according to predetermined conditions and procedures.

(3) Evacuation. If used as an alternative, effective evacuation shall be demonstrated by actual evacuation of all persons underground to the surface in ten minutes or less through routes that will not expose persons to heat, smoke, or toxic fumes in the event of a fire.

(b) If the destruction of any bulkhead on an inactive level would allow fire contaminants to reach an escapeway, that bulkhead shall be constructed and maintained to provide at least the same protection as required for control doors under Table C-3.

1/In this table, "combustible material" does not refer to installed wiring or track support.

[50 FR 4082, Jan. 29, 1985; 50 FR 20100, May 14, 1985]

S 57.4761 Underground shops.

To confine or prevent the spread of toxic gases from a fire originating in an underground shop where maintenance work is routinely done on mobile equipment, one of the following measures shall be taken: use of control doors or bulkheads, routing of the mine shop air directly to an exhaust system, reversal of mechanical ventilation, or use of an automatic fire suppression system in conjunction with an alternate escape route. The alternative used shall at all times provide at least the same degree of safety as control doors or bulkheads.

(a) Control doors or bulkheads. If used as an alternative, control doors or bulkheads shall meet the following requirements:

(1) Each control door or bulkhead shall be constructed to serve as a barrier to fire, the effects of fire, and air leakage at each opening to the shop.

(2) Each control door shall be—

(i) Constructed so that, once closed, it will not reopen as a result of a differential in air pressure;

(ii) Constructed so that it can be opened from either side by one person or be provided with a personnel door that can be opened from either side;

(iii) Clear of obstructions; and

(iv) Provided with a means of remote or automatic closure unless a person specifically desig- nated to close the door in the event of a fire can reach the door within three minutes.

(3) If located 20 feet or more from exposed timber or other combustible material, the control doors or bulkheads shall provide protection at least equivalent to a door constructed of no less than one- quarter inch of plate steel with channel or angle-iron reinforcement to minimize warpage. The frame- work assembly of the door and the surrounding bulkhead, if any, shall be at least equivalent to the door in fire and air-leakage resistance, and in physical strength.

(4) If located less than 20 feet from exposed timber or other combustibles, the control door or bulkhead shall provide protection at least equivalent to a door constructed of two layers of wood, each a minimum of three-quarters of an inch in thickness. The wood-grain of one layer shall be perpendicular to the wood-grain of the other layer. The wood construction shall be covered on all sides and edges with no less than 24-gauge sheet steel. The framework assembly of the door and the surrounding bulkhead, if any, shall be at least equivalent to the door in fire and air-leakage resistance, and in physical strength.

Roll-down steel doors with a fire-resistance rating of 1 1/2 hours or greater, but without an insulation core, are acceptable provided that an automatic sprinkler or deluge system is installed that provides even coverage of the door on both sides.

(b) Routing air to exhaust system. If used as an alternative, routing the mine shop exhaust air directly to an exhaust system shall be done so that no person would be exposed to toxic gases in the event of a shop fire.

(1) Be accomplished by a main fan. If the main fan is located underground:

(i) The cable or conductors supplying power to the fan shall be routed through areas free of fire hazards; or

(ii) The main fan shall be equipped with a second, independent power cable or set of conductors from the surface. The power cable or conductors shall be located so that an underground fire disrupting power in one cable or set of conductors will not affect the other; or

(iii) A second fan capable of accomplishing ventilation reversal shall be available for use in the event of failure of the main fan;

(2) Provide rapid air reversal that allows persons underground time to exit in fresh air by the second escapeway or find a place of refuge; and

(3) Be done according to predetermined conditions and procedures.

(d) Automatic fire suppression system and escape route. If used as an alternative, the automatic fire suppression system and alternate escape route shall meet the following requirements:

(1) The suppression system shall be—

(i) Located in the shop area;

(ii) The appropriate size and type for the particular fire hazards involved; and

(iii) Inspected at weekly intervals and properly maintained.

(2) The escape route shall bypass the shop area so that the route will not be affected by a fire in the shop area.

APPENDIX I TO SUBPART C—NATIONAL CONSENSUS STANDARDS

Mine operators seeking further information in the area of fire prevention and control may con- sult the following national consensus standards.

MSHA standard National consensus standard

SS 57.4200, 57.4201, NFPA No. 10—Portable Fire Extinguisher.

57.4261, and NFPA No. 11—Low Expansion Foam and

57.4262 Combined Agent Systems.

NFPA No. 11A—High Expansion Foam

Systems.

NFPA No. 12—Carbon Dioxide

Extinguishing Systems.

NFPA No. 12A—Halon 1301 Extinguishing Systems.

NFPA No. 13—Water Sprinkler Systems.

NFPA No. 14—Standpipe and Hose Systems.

NFPA No. 15—Water Spray Fixed Systems.

NFPA No. 16—Foam Water Spray Systems.

NFPA No. 17—Dry-Chemical Extinguishing Systems.

NFPA No. 121—Mobile Surface Mining Equipment.

NFPA No. 291-Testing and Marketing

Hydrants.

NFPA No. 1962—Care, Use, and Maintenance of Fire Hose,

Connections, and Nozzles.

S 57.4202 NFPA No. 14—Standpipe and Hose Systems.

NFPA No. 291—Testing and Marketing

Hydrants.

S 57.4203 NFPA No. 10-Portable Fire Extinguishers.

S 57.4230 NFPA No. 10—Portable Fire Extinguishers.

NFPA No. 121—Mobile Surface Mining Equipment.

S 57.4260 NFPA No. 10—Portable Fire Extinguishers.

S 57.4261 NFPA No. 14—Standpipe and Hose Systems.

S 57.4533 NFPA Fire Protection Handbook.

S 57.4560 ASTM E-162—Surface Flammability of

Materials Using a Radiant Heat

Energy Source.

Subpart D—Air Quality, Radiation, and Physical Agents

Air Quality-Surface and Underground

S 57.5001 Exposure limits for airborne contaminants.

Except as permitted by S 57.5005—

(a) Except as provided in paragraph (b), the exposure to airborne contaminants shall not exceed, on the basis of a time weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists, as set forth and explained in the 1973 edition of the Conference's publication, entitled "TLV's Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1973," pages 1 through 54, which are hereby incorporated by reference and made a part hereof. This publication may be obtained from the American Conference of Governmental Industrial Hygienists by writing to the Secretary-Treasurer, P.O. Box 1937, Cincinnati, Ohio 45201, or may be examined in any Metal and Nonmetal Mine Safety and Health District or Subdistrict Office of the Mine Safety and Health Administration. Excursions above the listed thresholds shall not be of a greater magnitude than is characterized as permissible by the Conference.

(b) The 8-hour time-weighted average airborne concentration of asbestos dust to which employ- ees are exposed shall not exceed 2 fibers per milliliter greater than 5 microns in length, as determined by the membrane filter method at 400-450 magnification (4 millimeter objective) phase contrast illumina- tion. No employees shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers longer than 5 micrometers, per milliliter of air, as determined by the membrane filter meth- ods over a minimum sampling time of 15 minutes. "Asbestos" is a generic term for a number of hydrated silicates that, when crushed or processed, separate into flexible fibers made up of fibrils. Although there are many asbestos minerals, the term "asbestos" as used herein is limited to the following minerals: chrysotile, amosite, crocidolite, anthophylite asbestos, tremolite asbestos, and actinolite asbestos.

S 57.5002 Exposure monitoring.

Dust, gas, mist, and fume surveys shall be conducted as frequently as necessary to determine the adequacy of control measures.

S 57.5005 Control of exposure to airborne contaminants.

Control of employee exposure to harmful airborne contaminants shall be, insofar as feasible, by prevention of contamination, removal by exhaust ventilation, or by dilution with uncontaminated air.

However, where accepted engineering control measures have not been developed or when necessary by the nature of work involved (for example, while establishing controls or occasional entry into hazardous atmospheres to perform maintenance or investigation), employees may work for reasonable periods of time in concentrations of airborne contaminants exceeding permissible levels if they are protected by appropriate respiratory protective equipment. Whenever respiratory protective equipment is used a program for selection, maintenance, training, fitting, supervision, cleaning, and use shall meet the fol- lowing minimum requirements:

(Approved by the Office of Management and Budget under control number 1219-0048)

S 57.5006 Restricted use of chemicals.

The following chemical substances shall not be used or stored except by competent persons under laboratory conditions approved by a nationally recognized agency acceptable to the Secretary.

(a) Carbon tetrachloride,

(b) Phenol,

(d) Alpha-naphthylamine,

(e) 4,4-Methylene Bis (2-chloroaniline),

(f) Methyl-chloromethyl ether,

(g) 3,3 Dichlorobenzidine,

(h) Bis (chloromethyl) ether,

(i) Beta-napthylamine,

(j) Benzidine,

(k) 4-Aminodiphenyl,

(l) Ethyleneimine,

(m) Beta-propiolactone,

(n) 2-Acetylaminofluorene,

(o) 4-Dimethylaminobenzene, and

(p) N-Nitrosodimethylamine.

Air Quality—Underground Only

S 57.5015 Oxygen deficiency.

Air in all active workings shall contain at least 19.5 volume percent oxygen.

Radiation—Underground Only

S 57.5037 Radon daughter exposure monitoring.

(a) In all mines at least one sample shall be taken in exhaust mine air by a competent person to determine if concentrations of radon daughters are present. Sampling shall be done using suggested equipment and procedures described in section 14.3 of ANSI N13.8-1973, entitled "American National Standard Radiation Protection in Uranium Mines," approved July 18, 1973, pages 13-15, by the Ameri- can National Standards Institute, Inc., which is incorporated by reference and made a part of the standard or equivalent procedures and equipment acceptable to the Administrator, Metal and Nonmetal Mine Safety and Health, Mine Safety and Health Administration. This publication may be examined at any Metal and Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety and Health Adminis- tration, or may be obtained from the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018. The mine operator may request that the required exhaust mine air sampling be done by the Mine Safety and Health Administration. If concentrations of radon daughters in excess of 0.1 WL are found in an exhaust air sample, thereafter—

(1) Where uranium is mined-radon daughter concentrations representative of worker's breathing zone shall be determined at least every two weeks at random times in all active working areas such as stopes, drift headings, travelways, haulageways, shops, stations, lunch rooms, magazines, and any other place or location where persons work, travel, or congregate. However, if concentrations of radon daugh- ters are found in excess of 0.3 WL in an active working area, radon daughter concentrations thereafter shall be determined weekly in that working area until such time as the weekly determinations in that area have been 0.3 WL or less for 5 consecutive weeks.

(2) Where uranium is not mined-when radon daughter concentrations between 0.1 and 0.3 WL are found in an active working area, radon daughter concentration measurements representative of worker's breathing zone shall be determined at least every 3 months at random times until such time as the radon daughter concentrations in that area are below 0.1 WL, and annually thereafter. If concentra- tions of radon daughters are found in excess of 0.3 WL in an active working area radon daughter concen- trations thereafter shall be determined at least weekly in that working area until such time as the weekly determinations in that area have been 0.3 WL or less for 5 consecutive weeks.

(b) If concentrations of radon daughters less than 0.1 WL are found in an exhaust mine air sample, thereafter:

(1) Where uranium is mined-at least one sample shall be taken in the exhaust mine air monthly.

(2) Where uranium is not mined-no further exhaust mine air sampling is required.

(c) The sample date, locations, and results obtained under (a) and (b) above shall be recorded and retained at the mine site or nearest mine office for at least two years and shall be made available for inspection by the Secretary or his authorized representative.

(Approved by the Office of Management and Budget under control number 1219-0003)

S 57.5038 Annual exposure limits.

No person shall be permitted to receive an exposure in excess of 4 WLM in any calendar year.

S 57.5039 Maximum permissible concentration.

Except as provided by standard S 57.5005, persons shall not be exposed to air containing concen- trations of radon daughters exceeding 1.0 WL in active workings.

S 57.5040 Exposure records.

(a) The operator shall calculate and record complete individual exposures to concentrations of radon daughters as follows:

(1) Where uranium is mined-the complete individual exposures of all mine personnel working underground shall be calculated and recorded. These records shall include the individual's time in each active working area such as stopes, drift headings, travelways, haulageways, shops, stations, lunch rooms, magazines and any other place or location where persons work, travel or congregate, and the concentration of airborne radon daughters for each active working area.

(2) Where uranium is not mined-the complete individual exposure of all mine personnel working in active working areas with radon daughter concentrations in excess of 0.3 WL shall be calculated and recorded. These records shall include the individual's time in each active working area and the concen- trations of airborne radon daughters for each active working area. The operator may discontinue calculat- ing and recording the individual exposures of any personnel assigned to work in active working areas where radon daughter concentrations have been reduced to 0.3 WL or less for 5 consecutive weeks provided that such exposure calculation and recordation shall not be discontinued with respect to any person who has accumulated more exposure than 1/12 (one-twelfth) of a WLM times the number of months for which exposures have been calculated and recorded in the calendar year in which the expo- sure calculation and recordation is proposed to be discontinued.

(b) The operator shall maintain the form entitled "Record of Individual Exposure to Radon Daughters" (Form 4000-9), or equivalent forms that are acceptable to the Administrator, Metal and Nonmetal Mine Safety and Health, Mine Safety and Health Administration, on which there shall be recorded the specific information required by the form with respect to each person's time-weighted current and cumulative exposure to concentrations of radon daughters.

(1) The form entitled "Record of Individual Exposure to Radon Daughters" (Form 4000-9), shall consist of an original of each form for the operator's records which shall be available for examination by the Secretary or his authorized representative and the State Mine Inspector.

(2) On or before February 15 of each calendar year, or within 45 days after the shutdown of mining operations for the calendar year, each mine operator shall submit to the Mine Safety and Health Administration and the State Mine Inspector a copy of the "Record of Individual Exposure to Radon Daughters" (Form 4000-9), or acceptable equivalent form, showing the data required by the form for all personnel for whom calculation and recording of exposure was required during the previous calendar year.

(3) Errors detected by the operator shall be corrected on any forms kept by the operator and a corrected copy of any forms submitted to the Mine Safety and Health Administration and the State Mine Inspector shall be submitted to the Mine Safety and Health Administration and the State Mine Inspector within 60 days of detection and shall identify the errors and indicate the date the corrections are made.

(4) The operator's records of individual exposure to concentrations of radon daughters and copies of "Record of Individual Exposure to Radon Daughters" (Form 4000-9) or acceptable equivalent form or true legible facsimiles thereof (microfilm or other), shall be retained at the mine or nearest mine office for a period as specified in paragraph 9.8, ANSI N13.8-1973, or shall be submitted to the Mine Safety and Health Administration and the State Mine Inspector. These records, if retained by the opera- tor, shall be open for inspection by the Secretary of Labor, his authorized representative, and authorized representatives of the official mine inspection agency of the State in which the mine is located. Para- graph 9.8, ANSI N13.8-1973, is incorporated by reference and made a part of this standard. ANSI N13.8-1973 may be examined at any Metal and Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety and Health Administration, and may be obtained from the American National Standards Institute, Inc., at 1430 Broadway, New York, New York 10018.

(5) Upon written request from a person who is a subject of these records, a statement of the year- to-date and cumulative exposure applicable to that person shall be provided to the person or to whom- ever such person designates.

(6) The blank form entitled "Record of Individual Exposure to Radon Daughters" (Form 4000-9) may be obtained on request from any Metal and Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety and Health Administration.

Note: To calculate an individual's exposure to WLM for a given period of time, multiply the total exposure time (hours to the nearest half-hour) in an active working area by the average concentra- tion of airborne radon daughters for the applicable active working area (average working level calculated to the nearest hundredth working level) and divide the product by the constant 173 hours per month.

An average airborne radon daughter concentration for a designated active working area shall be determined by averaging all sampling results for that working area during the time that persons are present. Any sample taken by Federal or State mine inspectors, which represents exposure to miners and reported to the operator within three days of being taken, shall be included in the average concentration; except that if the mine operator samples simultaneously with the inspector, he may use his own sample results.

(Approved by the Office of Management and Budget under control number 1219-0003)

S 57.5041 Smoking prohibition.

Smoking shall be prohibited in all areas of a mine where exposure records are required to be kept in compliance with standard 57.5040.

S 57.5042 Revised exposure levels.

If levels of permissible exposures to concentrations of radon daughters different from those prescribed in 57.5038 are recommended by the Environmental Protection Agency and approved by the President, no employee shall be permitted to receive exposures in excess of those levels after the effec- tive dates established by the Agency.

S 57.5044 Respirators.

The wearing of respirators approved for protection against radon daughters shall be required in environments exceeding 1.0 WL and respirator use shall be in compliance with standard 57.5005.

S 57.5045 Posting of inactive workings.

Inactive workings in which radon daughter concentrations are above 1.0 WL, shall be posted against unauthorized entry and designated by signs indicating them as areas in which approved respira- tors shall be worn.

S 57.5046 Protection against radon gas.

Where radon daughter concentrations exceed 10 WL, respirator protection against radon gas shall be provided in addition to protection against radon daughters. Protection against radon gas shall be provided by supplied air devices or by face masks containing absorbent material capable of removing both the radon and its daughters.

S 57.5047 Gamma radiation surveys.

(a) Gamma radiation surveys shall be conducted annually in all underground mines where radio- active ores are mined.

(b) Surveys shall be in accordance with American National Standards (ANSI) Standard N13.8- 1973, entitled "Radiation Protection in Uranium Mines", section 14.1 page 12, which is hereby incorpo- rated by reference and made a part hereof. This publication may be examined in any Metal and Non- metal Mine Safety and Health Subdistrict Office, Mine Safety and Health Administration, or may be obtained from the American National Standards Institute, Inc., 1430 Broadway, New York, NY 10018.

(c) Where average gamma radiation measurements are in excess of 2.0 milliroentgens per hour in the working place, gamma radiation dosimeters shall be provided for all persons affected, and records of cumulative individual gamma radiation exposure shall be kept.

(d) Annual individual gamma radiation exposure shall not exceed 5 rems.

(Approved by the Office of Management and Budget under control number 1219-0039)

Physical Agents-Surface and Underground

S 57.5050 Exposure limits for noise.

(a) No employee shall be permitted an exposure to noise in excess of that specified in the table below. Noise level measurements shall be made using a sound level meter meeting specifications for type 2 meters contained in American National Standards Institute (ANSI) Standard S1.4-1971, "General Purpose Sound Level Meters," approved April 27, 1971, which is hereby incorporated by reference and made a part hereof, or by a dosimeter with similar accuracy. This publication may be obtained from the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018, or may be examined in any Metal and Nonmetal Mine Health and Safety District or Subdistrict Office of the Mine Safety and Health Administration.

PERMISSIBLE NOISE EXPOSURES

Duration per day, Sound level dBA,

hours of exposure slow response

8 90

6 92

4 95

3 97

2 100

1 1/2 102

1 105

1/2 110

1/4 or less 115

No exposure shall exceed 115 dBA. Impact or impulsive noises shall not exceed 140 dB, peak sound pressure level.

Note: When the daily noise exposure is composed of two or more periods of noise exposure at different levels, their combined effect shall be considered rather than the individual effect on each.

If the sum

(C1/T1)+(C2/T2)+ . . . (Cn/Tn)

Log T = 6.322-0.0602 SL

Where T is the time in hours and SL is the sound level in dBA.

Subpart E—Explosives

Authority: 30 U.S.C. 811, 956, and 961.

Source: 58 FR 69596, Dec. 30, 1993.

S 57.6000 Definitions.

The following definitions apply in this subpart.

Attended. Presence of an individual or continuous monitoring to prevent unauthorized entry or access. In addition, areas containing explosive material at underground areas of a mine can be consid- ered attended when all access to the underground areas of the mine is secured from unauthorized entry.

Vertical shafts shall be considered secure. Inclined shafts or adits shall be considered secure when locked at the surface.

Barrier. A material object, or objects that separates, keeps apart, or demarcates in a conspicuous manner such as cones, a warning sign, or tape.

(1) Geology or material to be blasted.

(2) Blast pattern.

(3) Burden, depth, diameter, and angle of the holes.

(4) Blasting experience of the mine.

(5) Delay system, powder factor, and pounds per delay.

(6) Type and amount of explosive material.

(7) Type and amount of stemming.

Blast site. The area where explosive material is handled during loading, including the perimeter formed by the loaded blastholes and 50 feet (15.2 meters) in all directions from loaded holes. A mini- mum distance of 30 feet (9.1 meters) may replace the 50-foot (15.2-meter) requirement if the perimeter of loaded holes is demarcated with a barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1- meter) requirements also apply in all directions along the full depth of the hole. In underground mines, at least 15 feet (4.6 meters) of solid rib, pillar, or broken rock can be substituted for the 50-foot (15.2- meter) distance. In underground mines utilizing a block-caving system or similar system, at least 6 feet (1.8 meters) of solid rib or pillar, including concrete reinforcement of at least 10 inches (254 millime- ters), with overall dimensions of not less than 6 feet (1.8 meters), may be substituted for the 50-foot (15.2-meter) distance requirement.

Blasting agent. Any substance classified as a blasting agent by the Department of Transportation in 49 CFR 173.114a(a). This document is available at any MSHA Metal and Nonmetal Safety and Health district office.

Detonating cord. A flexible cord containing a center core of high explosives which may be used to initiate other explosives.

Emulsion. An explosive material containing substantial amounts of oxidizers dissolved in water droplets, surrounded by an immiscible fuel.

Explosive material. Explosives, blasting agents, and detonators.

Flash point. The minimum temperature at which sufficient vapor is released by a liquid to form a flammable vapor-air mixture near the surface of the liquid.

Igniter cord. A fuse that burns progressively along its length with an external flame at the zone of burning, used for lighting a series of safety fuses in a desired sequence.

Laminated partition. A partition composed of the following material and minimum nominal dimensions: 1/2-inch-thick plywood, 1/2-inch-thick gypsum wallboard, 1/8-inch-thick low carbon steel, and 1/4-inch-thick plywood, bonded together in that order. Other combinations of materials may be used, such as plywood, wood or gypsum wallboard as insulators, and steel or wood as structural ele- ments, provided that the partition is equivalent to a laminated partition for both insulation and structural purposes as determined by appropriate testing. The Institute of Makers of Explosives (IME) 22 container or compartment, described in IME Safety Library Publication 22 (Jan. 1985), meets the criteria of a laminated partition. This document is available at any MSHA Metal and Nonmetal Safety and Health district office.