§ 33.113. Hoisting and lowering.

 (a)  An engineer who has charge of the hoisting engines by which persons are hoisted or lowered in a mine shall be in constant attendance for that purpose during the whole time any person or persons are below ground. He shall not allow any person, except when authorized by the owner, operator or superintendent to handle or interfere with the engine under his charge or any part of the machinery connected with it.

 (b)  Each engineer shall work his engine slowly and with great care when any person is being hoisted or lowered in a shaft or slope. No one shall interfere with or intimidate him while in the discharge of his duties.

 (c)  The following procedures shall be followed for hoisting and lowering men in all mines other than coal mines:

   (1)  At each mine employing 20 or more persons, during the hours when men are hoisted or lowered in any shaft or slope, the mine foreman shall designate a headman or topman and footman or bottom man.

   (2)  These men shall be at their proper places from the time that persons begin to ascend or descend until all persons shall be in or out of the mine.

   (3)  They shall personally attend to the signals and see that all hoisting and lowering regulations are complied with.

   (4)  When any person is about to ascend or descend a shaft or slope in a car, cage or bucket, the topman or bottom man, as the case may be, shall inform the engineer by signal.

   (5)  In the absence of a top man or bottom man, the person or persons about to descend or ascend shall give the signal. The engineer shall acknowledge the signal by an approved means.

   (6)  No person shall jump on a car, cage or bucket after the signal to start has been given. If any person shall enter a car, cage or bucket in excess of the permitted number, the headman or the footman shall notify him of the fact and request him to get off, which request shall be immediately complied with.

 (d)  No person shall ride upon or against any loaded car, or cage, in any shaft, slope or haulage way in or about a mine.

 (e)  Shelter or safety holes shall be provided at the bottom of all shafts and slopes and kept free from obstructions to enable the bottom man and other persons at the bottom of the shaft to escape readily in case of danger.

 (f)  When any steam or air hoisting engine has been standing idle for one hour or more an empty trip shall be hoisted or lowered before men are hoisted or lowered. If it is possible for the engineer to clear out the condensed water from the cylinders and steam or air line without making a trip, the hoisting or lowering of an empty trip shall not be required. Each morning before men are lowered into a pit or quarry, at least one empty trip shall be made to ascertain the condition of the hoisting equipment.

 (g)  Not more than ten persons shall be hoisted or lowered at any one time in any shaft or slope. Whenever five persons shall arrive at the bottom of any shaft or slope in which persons are regularly hoisted or lowered, they shall be furnished with an empty car or cage and be hoisted, except in mines where there is provided a traveling way having an average pitch of 15° or less and not more than 1,000 feet in length. Nothing in this subchapter shall be construed to prohibit the hoisting and lowering of more than ten persons at one time in shafts or slopes where two or more loaded cars are regularly hoisted, if in the judgment of the Department or its authorized representative the hoisting appliances in every respect are of sufficient strength. In any mine where the hoisting appliances are not of sufficient strength, the Department or its authorized representative shall have the power to reduce to less than ten the number of persons to be hoisted or lowered at any one time.