Subchapter B. MINES OTHER THAN COAL MINES

§ 33.51. Definitions.

 (a)  This subchapter sets forth rules to safeguard the lives, limbs and health of workers in mines other than coal mines.

 (a)  The employer or someone competent, experienced and responsible whom he shall designate and who shall be on duty at all times when employes are working, shall be responsible for the safe performance of all work and for the safety of all employes.

 An engineer placed in charge of a hoisting engine by which persons are hoisted or lowered in any mine shall be a sober and competent person of not less than 18 years of age and shall pass a physical examination annually given by a duly licensed physician.

 The owner, operator or superintendent of each mine affected by this subchapter shall notify the Department or its authorized representative, in each of the following cases:

   (1)  When any working is commenced for the purpose of opening a new shaft, slope, drift or mine.

   (2)  When any mine or workings of the mine are abandoned or discontinued.

   (3)  When the working of any mine is recommenced after abandonment or discontinuance for a period exceeding 3 months.

   (4)  When pillars or ribs of a mine are to be removed or robbed.

 Any person who violates any of the provisions of this subchapter or any regulations of the Department, or who interferes with the Department or its authorized representative in the enforcement of this subchapter or regulations shall be penalized under the provisions of section 15 of act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. §  25-15).

EXPLOSIVES

§ 33.61. General requirements.

 (a)  The manner of using, storing and handling dynamite, black powder, fuse, blasting caps, electric blasting caps or detonators, electric squibs or other explosives at or in a mine shall be in accordance with this subchapter and Chapter 5, Subchapter D (relating to explosives).

 (a)  No dynamite, black powder, fuse, blasting caps, electric blasting caps or detonators, electric squibs or other explosives shall be stored or kept inside a mine except as provided for in the case of Class B and Class C magazines as set out in this subchapter.

 (b)  All other supplies of dynamite, black powder, fuse, blasting caps, electric blasting caps or detonators, electric squibs or other explosives shall be stored outside the mine in Class A magazines constructed, located and operated in accordance with Chapter 5, Subchapter D (relating to explosives). These magazines shall be so located that gases or fumes resulting from magazine explosions cannot in any manner be drawn into the air inlets of the mine even when the air current is reversed.

 (a)  No dynamite, black powder, blasting caps, electric blasting caps or detonators, electric squibs or other explosives shall be transported into a mine except in a wagon, truck, skip, car or cage provided for that purpose, or in a strong closed nonconductive receptacle free from internally exposed nails or other metal, and fitted with a tight hinged cover. When a car, other than a special enclosed powder car, is used, there shall be two empty cars between the motor or driver and the car containing the explosives. No persons other than explosives distributors may ride on such trip or on the car containing the explosives. When a cage is used for transporting explosives no person may ride on the cage. No person other than the driver of a wagon, cart, or motor truck may ride on such vehicle when it is being used to haul dynamite, black powder, fuse, blasting caps, electric blasting caps or detonators, electric squibs, or other explosives from Class A to Class B magazines.

 (b)  When dynamite, black powder, fuse, blasting caps, electric blasting caps or detonators, electric squibs, or other explosives are removed from Class A or Class B magazines, they shall not be stored or kept at or near the mouth of any entry nor along the sides of any entry. When dynamite, black powder, fuse, blasting caps, electric blasting caps or detonators, electric squibs, or other explosives are removed from Class A magazines, they shall be immediately distributed to Class B magazines.

 (c)  No person using dynamite or black powder in a mine may put it into open containers or transport it in any manner except in the original container unless such transportation is effected in a closed container.

 (d)  Persons carrying boxes of dynamite up raises or inclines where use of hands is needed, shall be provided with slings designed for that purpose.

 (a)  No person shall keep more than one 25-pound keg of black powder nor more than one 50-pound box of dynamite or other explosive at any one time in any one Class C magazine unless more is necessary to accomplish work for one day.

 (b)  Any person who keeps dynamite, black powder, fuse, blasting caps, electric blasting caps or detonators, electric squibs, or other explosives in a mine for use in a day’s work shall do so in a suitable closed container in a Class C magazine. The Class C magazine shall consist of a covered and hinged metal covered or wooden box. Class C magazines shall be located not less than 10 feet from any track or electric conductor in all cases where such distance is available and not less than 50 feet from the working face. Not more than one such Class C magazine shall be kept at any one place. Class B magazines shall not be located at any place within a mine if accidental discharge of the explosive contained in such mine would cut off the escape of persons. Matches, carbide, oil, or tools shall not be kept in the same magazine with explosives. Nothing in this Subchapter shall be construed to prohibit the opening of containers at Class B or Class C magazines for the purpose of distributing the daily supply to any person whose daily supply is less than 50 pounds of dynamite or 25 pounds of black powder and 50 electric blasting caps or detonators, or 100 blasting caps.

 (c)  Blasting caps, electric blasting caps or detonators, or electric squibs used in a day’s work in a mine shall be carried into the mine in the container in which originally packed by the manufacturer, except that a quantity less than one full container may be carried into a mine in a suitable container. Each person using blasting caps, electric blasting caps or detonators or electric squibs in a mine shall keep his daily supply in a safe and dry place if such supply is not placed in any Class B or Class C magazine containing explosives. Fuse shall be kept in a cool, dry place. If more than 25 pounds of black powder or 50 pounds of dynamite is kept at one spot in a mine, blasting caps, electric blastings caps, detonators or electric squibs, shall be kept not less than 10 feet away from the explosives.

 (d)  No person shall carry his daily supply of explosive down any shaft, and no person may ride down any shaft carrying his daily supply of explosive with him on the same trip.

 (e)  Nothing in this subchapter shall be construed to prohibit a person from walking into a mine carrying a day’s supply of explosive if the day’s supply does not exceed 50 pounds of dynamite or 25 pounds of black powder and 50 electric blasting caps or detonators or 100 blasting caps.

 (a)  Open flame or fire. Section 33.15 (relating to use) applies to open flame or fire in all mines other than coal mines.

 (b)  Opening containers of explosives. Section 33.15 applies to opening containers of explosives in all mines other than coal mines. In addition, cardboard containers may be opened by an approved opener accepted by the Department.

 (c)  Experience requirement for blasters. No person may blast in mine unless he has given satisfactory proof to the mine or blaster foreman that he is a blaster licensed by the Commonwealth and is qualified and able to perform the duty of shot firer or blaster. The foreman shall secure the proof from each person required or permitted to fire shots. An unlicensed person shall not charge or fire a blast. The mine or blaster foreman shall insure that the provisions of this subsection are complied with.

 (d)  Preparation of holes. In preparing holes, there shall be compliance with the following:

   (1)  Nonsparking tamping sticks shall be used to charge holes for blasting.

   (2)  Holes shall be charged only in cartridge form unless the Department has granted permission to use ammonium nitrate fuel oil or slurries. If black powder and dynamite are used in the same hole, separate primers shall be used unless the dynamite is used to detonate the black powder or unless cordeau is used. All holes in mines where there is danger from dust or gas explosions shall be adequately tamped to a depth of not less than 8 inches, unless the hole itself is less than 8 inches in depth in which case the hole shall be tamped its full depth. This requirement is not mandatory in quarries or tunnels where the absence of gas or dust makes safeguarding against explosions unnecessary. Nothing in this subchapter shall be construed to prohibit the slitting of dynamite cartridges nor the dividing of them into two or more pieces.

 (e)  Safety precautions before firing. The following safety precautions shall be strictly observed:

   (1)  No person may fire shots in any part of a mine without the presence of some other person within calling distance who can readily render assistance in event of accident or injury.

   (2)  Prior to the firing of a charge, the person in charge of the blast shall insure that all loose black powder or dynamite around the hole has been cleared away in order to prevent a premature explosion.

   (3)  Prior to the firing of a charge, the person in charge of the blast shall notify all persons who may be in danger from the blast by giving sufficient alarm before igniting the charge. This alarm shall always state the number of shots to be fired except when firing with battery or switchboard or at times when no other persons are at work in the mine. Calling out the word ‘‘fire’’ followed by a statement of the number of shots to be fired shall be accepted, as for example, ‘‘fire—six shots.’’

   (4)  In all mines where locked safety lamps are used to detect explosive gases, the mine foreman or his assistant shall be competent to test for gas, and no blast shall be fired in any mine except by permission of the mine foreman or his assistant. Before a blast in any mine is fired, the person in charge shall examine the place and adjoining places and satisfy himself that it is safe to fire a blast before giving his permission.

 (f)  Firing of charges. When dynamite is used in primary shooting, the Department recommends that it be fired by means of primacord, cordeau or electric current from a battery or switchboard. Nothing less than No. 6 blasting caps or electric blasting caps or detonators shall be used to explode dynamite at any time. The use of powder to set off blasting caps to explode dynamite is prohibited. The use of fuse and blasting caps to explode black powder charges shall be accepted. Patent squibs or other patent matches are prohibited except squibs of the Daddow or Powell type. Persons firing explosives in a mine by the use of squibs shall not shorten, nor saturate with oil, nor turn the squib down when placing it in the hole, nor ignite the squib except at its extreme end, nor do anything which may shorten the burning time of the squib. Nothing in this subchapter shall be construed to prohibit the use of fuse and blasting caps in primary shooting, mud capping, block holing or pop shooting. Each blaster or shooter using an electric battery or switchboard, before connecting the charge to the leading wires, shall first insure that the wires have been disconnected from the switchboard or battery. Connecting a charge with the leading wires before placing the charge is prohibited. When fuse is used, its length shall be in accordance with the provisions of §  33.15 (relating to use). All blasting caps shall be crimped to the fuse with a crimper. The crimping of blasting caps by the use of a knife or the teeth is prohibited. No fuse shall be capped in or within 10 feet of any Class B or Class C magazine. While shafts, slopes, winzes, drifts or other mine outlets are being sunk or driven, all blasts shall be exploded by means of an approved electric blasting circuit, unless permission to use other approved means is granted by the Department.

 (g)  Safety precautions after firing. The following safety precautions after firing shall be strictly observed:

   (1)  Persons in charge of a blast shall be required to give an ‘‘all clear’’ signal when the round of shots is complete.

   (2)  After the firing of every blast a competent person shall examine the face, sides and roof of each working place that has been shot, in order to ascertain its condition. No person except the person making the examination shall enter any working face until this examination has been made.

   (3)  Where caps and fuse have been used for detonation, the total number of explosions in each blast shall be counted by the shot firer or by the mine or blaster foreman. If the total number of explosions is less than the number of charges that were to be fired, a report of the misfires shall be made to the mine or blaster foreman. When it is not certain that all charges have been exploded, no person shall enter the place where such charges were fired within the time limits and under the conditions enumerated in this section.

 (h)  Fuse lengths. Section 33.15 applies to the use of fuse in all mines other than coal mines.

 (i)  Misfired holes. Section 33.15 applies to misfired holes in all mines other than coal mines.

OTHER DANGEROUS MATERIALS

§ 33.71. Calcium carbide.

 (a)  Storage. All calcium carbide, except as specified in subsection (b), shall be stored outside the mine in detached, waterproof, dry and well ventilated sheds or buildings so located that any gases or fumes from such calcium carbide cannot in any manner be drawn into the air inlets even when the air current is reversed. Calcium carbide shall be stored in the original metal containers. All the metal containers in any one storage place other than the one from which individual supplies are being taken, shall be kept sealed, except that a new container may be opened when the amount of carbide in the container already open is less than one pound.

 (b)  Daily supply. Nothing in this subchapter shall be construed to prohibit the erection and maintenance of approved carbide holders or filling stations, either inside or outside the mine, used for the purposes of filling cadgers or other containers with an amount of carbide sufficient to supply one person for work for 1 day. Approved carbide holders or filling stations shall be constructed of metal and shall be fully enclosed. If carbide is used inside a mine, a supply sufficient to fill all cadgers for the work of one day may be maintained. No person shall be permitted to take into a mine an amount of calcium carbide greater than that necessary for one working day. The supplies shall be kept in metal waterproof boxes. The amount necessary for one working day shall be construed to mean the amount used in one day by one man or as many men in addition as may be employed in one gang or in one work place.

 (a)  No gasoline, benzol or other inflammable or explosive liquid shall be stored or kept inside a mine other than the supply necessary for the operations of the current day. This daily supply shall not be kept in the inlet airway but shall be stored in a manner that gas or fumes emanating therefrom will leave the mine by and through the outlet airway. This daily supply shall be kept in sealed fireproof metal containers.

 (b)  No additions to or replacements of underground main storage facilities for gasoline, benzol or other inflammable or explosive liquid is permitted.

 (c)  Not more than two barrels of any one kind of lubricating oil may be kept on any one level of a mine at any one time.

MAPS AND PLANS

§ 33.81. Specifications.

 (a)  The owner, operator, or superintendent of each mine shall make, or cause to be made, an accurate map or plan of the workings or excavations of the mine on a scale of not less than 200 feet to the inch.

 (b)  This map or plan shall exhibit the workings or excavations in each seam of limestone, clay, sandstone, ore or other material being worked and the tunnels and passages connecting with these workings or excavations. It shall state in degrees or in percentage of grade or elevation the general inclination of the strata in the workings or excavations along with any material deflection in such strata. It shall also state the approximate tidal elevations of the bottom of each shaft, slope, tunnel and entry, and of any other point in the mine or on the surface where such elevation shall be deemed necessary by the Department or its authorized representative. The map or plan shall show the number of the last survey station and the date of each survey on the entries or the most advanced workings. It shall also accurately show the boundary lines of the lands of the mine and the proximity of the workings to the mine.

 (c)  If the mine contains any water dammed up in any part of it the owner, operator or superintendent shall cause the true location of this dam to be accurately marked on the map or plan, together with the tidal elevation, inclination of strata and area of workings containing water. Whenever any workings or excavations approach the workings where the dam or water is contained or situated the owner, operator or superintendent shall notify the Department without delay.

 (d)  Maps or plans shall be plainly marked for ready identification with the name, number or other designation of the mine, the location of the mine, the name of the owner or operator, and the name of the superintendent. Maps or plans shall also indicate the principal material mined.

 (a)  At least once every year, the owner, operator or superintendent of each mine shall place or cause to be placed on the map or plan of the mine, deposited with the Department, the plan of the extensions made in the mine during the preceding year. These extensions shall be placed on the map or plan and a blue print or copy of the map or plan returned to the Department within two months from the date of the last survey.

 (b)  When any mine is worked out preparatory to being abandoned, or when any level or lift of the mine is about to be abandoned, the owner, operator or superintendent of the mine shall have the maps or plans extended to include all excavations as far as practicable, which have been made.

 (a)  The owners, operators or superintendents of adjoining mine properties shall leave a pillar of material in each bed, seam or vein worked by them, along the line of adjoining property. This pillar shall be wide enough to provide a sufficient barrier, when taken in connection with the pillar to be left by the adjoining property, to insure the safety of the employes of either mine should the other one be abandoned and allowed to fill with water.

 (b)  The width of the pillar to be left shall be determined by the engineers of the adjoining property and the mine in question, together with a representative of the Department. In the event of failure to agree, a decision by the representative of the Department shall be final and binding on both parties. This pillar shall not be pierced or mined into at any point without permission.

 If the owner, operator or superintendent of any mine knowingly or designedly causes or allows a map or plan, or any changes or additions to the map or plan, to be incorrect or false when furnished, he shall be deemed guilty of a violation of this subchapter and prosecuted accordingly.

SHAFTS, SLOPES, OPENINGS AND OUTLETS

§ 33.91. Mine outlets.

 (a)  General requirements. There shall be compliance with the following requirements:

   (1)  The owner, operator or superintendent of each mine, shall not permit any person to work in the mine unless the place where he is working is connected with every seam, bed or vein of material being worked.

   (2)  In every mine except as provided in subsection (b), there shall be at least two outlets to the surface from every seam, bed or vein actually being worked. Both outlets shall be readily accessible from every section of the mine. This provision shall be enforced without exception wherever any shaft, slope, or drift has been advanced 300 feet or more from the mouth. These outlets shall be separated by a stratum of not less than 60 feet in breadth underground and at the surface. It shall not be necessary for these two openings to belong to the same mine if the persons employed therein have safe, ready and available means of ingress by not less than two openings.

 (b)  Exceptions. No second outlet shall be required in any of the following situations:

   (1)  When opening a new mine.

   (2)  When opening a new lift or level in a mine which is being worked for the purpose of connecting two outlets.

   (3)  When in the judgment of the Department the second outlet has been rendered unavailable by the final robbing of pillars or taking back of ribs previous to the abandonment of any mine or part of a mine, if not more than 20 persons are employed at any one time in the new mine, new lift of a mine, or mine or part of a mine that is being finally robbed prior to abandoment. The cage or cages or other means of egress shall at all times be available for the persons employed where there is no second outlet.

 (c)  Construction. Each opening or outlet, escapement, shaft, or slope shall have safe and distinct means of ingress and egress available at all times. These shall provide alternate means of egress or ingress, to persons employed in the mine, in the event of an accident deranging the hoisting machinery at the main outlets. In slopes where the angle of inclination is 15° or less, a separate traveling way shall be provided. For slopes of from 15° to 45° stairways shall be used. If a stairway is used in any opening outlet, escapement, shaft or slope, it shall be of substantial construction set at an angle not greater than 45°. It shall be equipped on at least one side with a standard railing. Landing platforms, 2 feet by 4 feet, shall be provided at easy and convenient distances. For slopes of from 45° to 90° ladders or other means acceptable to the Department shall be used.

 (d)  Maintenance. Each opening or outlet, escapement, shaft or slope shall be kept free from steam, dangerous gases, standing water, ice and all other obstructions.

 (a)  An inflammable structure shall not be erected over the entrance of any mine. No inflammable structure shall be erected nearer than 200 feet to any entrance, and no structure of any description shall be erected nearer than 50 feet to any mine opening unless the building plans have been approved by the Department.

 (b)  Nothing in this subchapter shall be construed to prohibit the erection of an inflammable fan drift for the purpose of ventilation, or of a trestle for the transportation of cars from any mine opening.

 (a)  The top of each shaft and each slope, if dangerous, as well as every intermediate level or lift of the shafts and slopes, shall be securely fenced off by railings and toeboards as specified in Chapter 47, Subchapter G (relating to railings, toeboards, open-sided floors, platforms, and runways). The railings shall be provided with a hinged or sliding gate to permit the passage of men and material.

 (b)  Each abandoned slope, shaft, air hole, drift or other mine opening at the surface shall be properly fenced around or across its entrance. The fence shall be not less than 4 feet in height and signs marked, ‘‘Dangerous—Keep Out’’ shall be placed on it.

 (a)  Over all shafts, as they are being sunk, a safe and substantial structure shall be erected in order to sustain the sheaves and pulleys. This structure shall be not less than 20 feet above the tipping place. Arrangements shall be made at the top of each shaft so that no material may fall into the shaft while the bucket is being emptied. This structure shall be erected as soon as a substantial foundation is obtained and in no case shall a shaft be sunk to a depth of more than 50 feet without the structure.

 (b)  If provision is made to land the bucket in which the material is being hoisted on the truck, the truck shall be constructed so that material cannot fall into the shaft.

 (c)  No material lifted from shafts being sunk shall be raised except in a bucket. This bucket shall be connected to the cable or chain by a safety hook, a clevis or other approved attachment.

 (d)  Shafts being sunk shall be provided with guides and guide attachments so applied as to prevent the bucket from swinging while ascending or descending. Guides and guide attachments shall be maintained at a distance of not more than 100 feet from the bottom of the shaft until its sinking has been completed. This requirement does not apply to shafts 100 feet or less in depth.

 (e)  Not more than six persons shall be hoisted or lowered at the same time on a bucket in any shaft. No person may ride on a loaded bucket at any time. The speed of hoisting or lowering men shall not exceed 800 feet per minute.

 (f)  Whenever persons are employed on platforms in shafts, the mine foreman or other person in charge of the work shall insure that the platforms are properly and safely constructed.

 (g)  After each blast in a shaft, the person in charge of the blast shall insure that all loose material is swept down from the timbers before the workmen descend.

 (h)  After a suspension of work and after the firing of each blast in a shaft, the mine foreman shall be responsible for having the bottom of the shaft examined and tested for gas by a competent person. No workmen shall descend until this examination has been completed.

 (i)  No person shall be permitted to do any work in a shaft when drillers or muckers are working at the bottom of a shaft.

HOISTING EQUIPMENT

§ 33.111. Indicator.

 (a)  Each hoisting engine operating in a slope or shaft shall have an efficient signal system. No hoisting engine shall be operated when such signal system is out of order. A pull bell system for emergency use when the regular system is out of order shall be accepted, if its use is limited to emergency situations only. Calling or rapping shall not be used as a method of signaling except in accident or emergency situations.

 (b)  The signal code in use in a mine shall be prominently posted in the engine room within easy sight of the hoisting engineer. It shall also be posted at all places from which signals are given. These signal codes shall be printed in heavy plain type.

 (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.

 (a)  An efficient brake shall be attached to every drum that is used for hoisting or lowering persons or materials in mines.

 (a)  Requirements for cage design. Cage design shall be as follows:

   (1)  Cages shall be designed and constructed to support safely five times the dead load and ten times the live load it will be required to carry.

   (2)  Cages used for hoisting or lowering men in a shaft shall be provided with a permanent cover to protect persons riding in such cages from falling objects. The ends of each cage shall be protected by a standard railing or by chains. The sides next to the guides shall be protected with standard railings and toeboards. There shall be an adequate number of handholds for all men on the cage.

   (3)  Each cage used for hoisting or lowering men in a shaft shall be provided with safety catches to prevent the cage from dropping to the bottom of the shaft should the engine fail or the cable break. These safety catches shall be required to stop the cage within a 5 foot drop.

 (b)  Safety blocks or derails. Safety blocks, derailing devices or some other approved device designed to prevent cars from falling into a shaft or running away on a slope shall be placed at or near the head of every shaft or slope and at each landing except the bottom landing. All safety blocks, derailing devices or other devices shall be maintained in good working order.

 (c)  Main link and bridle chains. The main link of the chain connecting the cable to the cage or car in any shaft or slope shall be made of best quality wrought iron or its equivalent. Bridle chains made of the same quality iron shall be attached to the main link, cable or cable socket from the crosshead of the cage when persons are being hoisted or lowered. The cable shall be fastened to its load by a babbitted or spelter socket, or with thimbles and clamps.

 (d)  Daily inspection. Each day they are used, all cages, rope or cable, links, chains and safety catches shall be carefully examined by a competent person delegated for that purpose by the mine superintendent or foreman. All defects shall be immediately corrected, and none of the above equipment shall be used in operation until the correction of defects found is accomplished.

 (a)  When motors are used in a mine, their speed shall not exceed 6 miles per hour, except in approved portions of mines where a speed of not more than 15 miles per hour shall be permitted. Illuminated signs shall be used to indicate those portions of a mine in which the Department has established a six-mile-per-hour speed limit.

 (b)  Each motor shall have an efficient headlight and an efficient horn, siren, or gong which shall be maintained in good condition at all times. There shall be an efficient trip light on the rear end of all motor trips. There shall be an efficient trip light on the front end of made-up motor pushed trips of three or more cars and on the front end of all cable trips except slopes or planes where men neither work nor travel during working hours. Trip lights shall not be required in switching service.

 (c)  No fired locomotives, or internal combustion motors shall be permitted in any part of any mine, either in the inlet or outlet airways, unless permission has been granted by the Board.

 (d)  The placing of additional internal combustion motors in mines or tunnels for underground use is prohibited unless permission has been granted by the Board. This requirement shall not be construed to prohibit the use of spare equipment in breakdown or emergencies.

 (e)  No mine car shall be used in any mine unless the bumpers are of a length and width sufficient to keep the bodies of the cars separated by not less than 12 inches with the cars standing on a straight level road and the bumpers touching each other.

 (f)  No person other than the motorman driver, runner, snapper or brakeman may ride on any car in any mine.

 (g)  No person shall ride between cars.

 (h)  Loaded cars shall be pulled out of the mines and empty cars shall be pulled, rather than pushed, into the mines by the motor or engine, whenever practicable. Running cars by gravity in any mine is prohibited unless necessary to permit the motor to get from one end of a trip to the other end.

 (i)  No cars shall be coupled or uncoupled while they are in motion; only such slight motion which may be necessary to make or break the coupling shall be permitted.

 (j)  On all haulage roads, all frogs and guardrails shall be properly blocked with wood, concrete or metal. The track shall be properly aligned and shall be free from high or low joints, broken rails, defective switches, defective frogs and defective frog point alignments.

VENTILATION

§ 33.121. General requirement.

   The owner, operator or superintendent of every mine shall provide and maintain a constant and adequate supply of pure air in the mine as provided in this subchapter. Pure air shall mean air containing not less than 19.5% oxygen, not more than 0.5% carbon dioxide and no harmful quantities of other noxious or poisonous gases. When it becomes necessary to install means for mechanical ventilation, prior to being placed in operation, the means for providing pure air shall be approved by the Department or its authorized representative.

 (a)  Measurement of air supply. Once each working day or more frequently, if specific conditions indicate the necessity therefore, the mine superintendent, foreman, or other competent person shall measure the quantity of air in circulation in the mine by means of an anemometer or other efficient instrument. Each measurement shall be made at the inlet and outlet airways, and at the crossheading nearest the working areas. During working periods, air measurements shall be made while men are working in the mines. The results of such measurements shall be entered in the mine ventilation report book.

 (a)  Abandoned or worked out sections. Worked out or abandoned parts of a mine in operation shall be kept free of all dangerous bodies of gases or shall be sealed off. If this cannot be done the Department shall be notified. Accessible parts of the abandoned mine in which explosive gases are liable to be found shall be carefully examined by the mine foreman or his assistant at least once each week. Steps shall be immediately taken to remove any dangerous existing gas condition.

 (b)  Examinations in areas being worked. The mine superintendent or foreman, or some other competent person at each mine having workings in suspected gas areas shall make a gas examination each morning in each suspected working area before permitting any person to work there. This examination shall be made with approved safety lamp not more than 3 hours before the workmen commence work.

 (c)  Report of examinations. A report of all gas examinations shall be kept in a book provided for that purpose. Each report shall be made immediately after the examination is made. Each report shall give the date and hour at which the examination was made and shall be signed by the person who made the examination. A chalk record of the examination including the date, month, and year shall be marked at the face or on the rib of the examined working place.

 (d)  Brushing. No gas in mines shall be removed by brushing.

 (e)  Closing gassy sections. The mine superintendent or foreman shall be responsible for shutting down all workings in which the accumulation of gas cannot be effectively diluted, rendered harmless and swept away by existing ventilating equipment. Except for those who may enter in order to remove the danger of gas accumulation, no person shall be permitted to enter the working. Work shall be discontinued until after a competent person has made an examination of the workings and reported them safe. A report of all facts in such case shall be made to the Department. Signs marked, ‘‘Dangerous—Keep Out’’ shall be placed at all entrances to workings closed on account of gas.

 (f)  Test hole for gas. When workings are carried to a point within 1/2 mile or less of a suspected worked out or abandoned gas area, one drill hole 2 inches or less in diameter shall be maintained. This drill hole shall be positioned at least 20 feet in advance of each working head.

 (g)  Safety lamps. Only approved locked safety lamps shall be permitted in any mine where there is danger from gas explosions. Whenever safety lamps are required in any mine, they shall be the property of the owner or operator of mine. A competent person shall be appointed for the purpose of examining every safety lamp immediately before it is taken into the mine to insure that it is clean, safe and securely locked. No safety lamp that has not been examined and found clean, safe and securely locked shall be used. While in a mine, no person shall have in his possession a key or any other contrivance designed to unlock any safety lamps where locked lamps are used.

 (h)  Matches. If there is danger from gas explosions, no matches of any sort or other apparatus for striking light shall be taken into the mine.

OPERATING CONDITIONS

§ 33.141. Safety check on employes.

 (a)  It is prohibited to allow one man to blast, cut, load or timber alone in a mine. Nothing in this subchapter shall be construed to prohibit a workman from working alone in a room at these tasks if other workmen are present in adjoining working places. The mine superintendent or foreman shall be responsible for insuring that this subsection is complied with.

 (a)  The mine foreman or some other competent person designated by him shall examine at least once each day all main roads, shafts, slopes, escapements, travelways, and signal apparatus to see that they are in safe and efficient operating condition. The mine superintendent shall be responsible for insuring that such inspection is made.

 (a)  When approach is made to old workings or other areas likely to contain an accumulation of water, working places shall not exceed 12 feet in width. At least one drill hole shall be constantly kept at a distance of not less than 10 feet in advance of the workings, except in flint clay mines where a hole only 10 feet in advance shall be required. These drill holes shall be 2 inches in diameter or less and shall be located near the center of the working face.

 (a)  Condition of roadways. All roadways shall be maintained in good condition. They shall be kept well drained and properly surfaced.

 (b)  Drainage of main entries. All main entries shall be drained by a drainage ditch of sufficient size to keep the roadbed in good condition. If conditions are the that the main entries or haulage ways do not have sufficient grade to drain properly, pumps or other mechanical devices for removing water shall be installed.

 (c)  Walkways on trestles. On trestles where persons are permitted to walk there shall be a walkway on at least one side. This walkway shall extend at least 2 feet 6 inches beyond the side of the widest cars used on the trestle. The outer edge of the walkway shall be equipped with a standard railing and toeboard. If conditions require employes to work on both sides at the dumping point, both sides of the track shall be accessible either by means of walkways or working platforms.

 (d)  Size of main entries and haulage ways. The size of main entries and haulage ways shall be as follows:

   (1)  All main entries and haulage ways shall be of a height sufficient to permit a person to walk upright wherever the thickness of the vein or seam will permit. All main entries and haulage ways shall be of a width sufficient to permit persons to pass moving cars with safety.

   (2)  When mud sills are used, all legs for timber shall be set in notches in the mud sill. When mud sills are not used, the legs shall be properly hitched in the bottom to prevent the sides from pushing timber. In no case shall a timber be less than 6 feet 9 inches from rail to collar.

   (3)  Wherever possible, collars shall be at least 7 feet, notch to notch, legs shall be at least 7 feet, mud sill to collar, and mud sills shall be at least 9 feet, notch to notch. When it is impracticable to follow these minimum specifications, for reasons which shall be approved by the Department or its authorized representative, safety holes of ample dimensions and not more than 150 feet apart shall be made on one side of the passageway. All passageways and safety holes shall be kept free from all obstructions and the roof and sides shall be made secure, by means of lagging if necessary.

 (a)  Any person having charge of a working place in any mine shall keep the roof and sides of the working place properly secured by timber or other material so as to prevent the roof and sides from falling. He shall not permit any work to be done under loose or dangerous materials except for the purpose of securing them. He shall also be instructed in the proper methods of testing the roof and sides. The mine superintendent and the mine foreman shall be jointly responsible for insuring that this subsection is complied with.

 (b)  No person working in a mine shall cut or remove any props or timbers which support roofs or sides unless he has obtained permission from the mine superintendent or foreman.

 (c)  The owner, operator, or superintendent of each mine shall furnish to the miners or loaders all props, ties, rails, and timbers necessary for safe mining operations and the protection of the lives of workmen. Props, ties, rails and timbers shall be delivered to the workmen as near to their working places as these materials can be conveyed in ordinary mine cars.

 (d)  Each miner or loader requiring props, ties, rails or timbers shall notify the mine superintendent, or foreman at least 1 day in advance, giving the number of props or timbers required. In the event of danger from loose sides or roof the miner or loader shall not continue to work until the time as the necessary props or timbers have been received, placed in position, and the working place has been made secure.

 (e)  No split props shall be permitted in any mine to support the sides or roof unless they are of a cross section equal to or greater than 6 inches round or square.

 (f)  Timbering methods shall be subject to approval by the Department or its authorized representative.

 (a)  Stationary lights shall be provided during working hours of all shaft stations whenever these stations are in actual use.

 (b)  In all places where hoists, pumps or other machinery is in operation near persons in the mine the moving parts of this machinery shall be so lighted that they may be readily distinguished.

 (c)  If practical, electric lights shall be used for all stationary lighting in the mine. Electric lights shall be kept at a safe distance from flammable materials.

 (d)  No open flame light shall be left burning unattended on or near flammable materials.

 (e)  No gasoline, oil or liquefied petroleum gases shall be taken underground for purposes of illumination.

 (f)  Each employe working underground shall be provided with a portable light designed to aid him in reaching a place of safety in the event of a failure in the mine lighting system.

FIRST AID

§ 33.151. Cabinets.

 (a)  Each mine shall maintain underground one or more first aid cabinets conveniently located for all persons employed in the mine for the purpose of administering first aid treatment to slight injuries or injuries which need immediate attention.

 (b)  In addition to the requirements of subsection (a), § §  33.41—33.43 (relating to first aid) apply to all mines other than coal mines.