Subchapter C. MINED OUT AREAS
GENERAL PROVISIONS
Sec.
33.161. Definitions.
33.162. Scope.
33.163. Applicability.
33.164. Administration.
33.165. Penalty.
SPECIFICATIONS
33.171. Roof areas.
33.172. Lighting.
33.173. Entrances and exits.
33.174. Ventilation.
33.175. Closing underground sections.
33.176. Inspections.
33.177. Record of inspection.
33.178. Storage of flammable liquids.
The provisions of this Subchapter C issued under the act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § § 25-1—25-15), unless otherwise noted.
The provisions of this Subchapter C adopted December 15, 1964; amended through July 1, 1967, unless otherwise noted.
GENERAL PROVISIONS
§ 33.161. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
(a) This subchapter sets forth rules to safeguard the lives, limbs and health of workers in underground mined out areas.
(b) Both employer and employe shall be responsible for complying with this Subchapter.
This subchapter applies to the following:
(1) All businesses operated in any underground installation or underground place of business located within the Commonwealth and employing one or more employes.
(2) All mined out areas, in mines other than coal mines, that may be used for storage, manufacturing, or for any other purposes, where employes will be required to enter or work.
(a) The Department shall make periodic inspections in order to insure compliance with this Subchapter.
(b) The owner or developer shall secure approval from the Department that a developed area meets the minimum requirements, as described in this Subchapter, prior to its use by an operator.
Any person who willfully violates any of the provisions of this subchapter or any regulations of the Department or who willfully interferes with the Department or its authorized representative in the enforcement of such provisions or regulations shall be subject to summary proceedings before an alderman, magistrate or district justice; upon conviction he 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).
In developed areas, where there are roadways providing ingress or egress to them, all roof areas shall be scaled, bolted or otherwise supported.
(a) Emergency. Before employes are permitted to work underground, either an emergency lighting system meeting the requirements of the Department shall be installed or each employe shall be provided with an improved lamp.
(b) Permanent. To provide light adequate to the intended use of the developed area, a permanent lighting system shall be installed.
Two separate passages shall be provided for personal use and shall be maintained in a safe, passable condition at all times.
(a) General requirement. The owner or developer of each mine shall provide and maintain an adequate supply of pure air in the mine as provided in subsection (b). When it becomes necessary to install means of mechanical ventilation, these means for providing pure air shall be approved before they are operated.
(b) Quantity of air. The minimum quantity of air supplied to any occupied or enclosed space in a developed area shall be 20 cubic feet of outside air per minute per person.
(c) Air movement. There shall be a positive and continuous movement of air through all passageways used for human or vehicular travel.
(d) Carbon monoxide. The operator shall be responsible for insuring that carbon monoxide in excess of the maximum allowable concentrations is not present in a developed area.
If it becomes necessary to permanently close or enclose a section underground, all material used shall be noncombustible.
The following inspections shall be made at the following times, and all defective conditions which are revealed shall be corrected:
(1) Monthly. The ceiling, pier and walls shall be inspected monthly for new cracks. The entrances, roadways leading to them, and the doors or gates shall be inspected monthly to insure they are in safe, usable condition.
(2) Every other week. Emergency lighting systems shall be tested biweekly to assure they are in operating condition. Charge, fluid, terminals and visual conditions of batteries shall be checked.
(3) Weekly. The ventilating system shall be inspected weekly to insure that all motors and controls are in operating condition.
Logs, containing the findings of all inspections and the repairs and corrective action taken, shall be maintained and kept on file at the facility office. These logs shall be available for inspection by the Department or its authorized agent at any time during working hours. The log shall be dated and signed by duly designated, authorized personnel. Corrections or orders required by the Department or its authorized representative shall be in writing and shall become a part of the log.
No flammable liquids shall be stored in excess of 5 gallons in safety containers, unless approval has been granted by the Department.
Developed area—Any space within a developed facility which has been approved by the Department.
Developed facility—The space developed for use or occupancy within mined out areas, that is, approaches and occupied space.
Employe—Any person who is hired or employed for any given task.
Employer—The owner or other person hiring help to perform any given task.
Harmful concentrations of gases—Those concentrations in excess of the permissible levels established by the Department of Environmental Protection in 25 Pa. Code Chapter 201 (Reserved).
In use—Lawfully occupied by a person or persons engaged in the performance of their duties or in other authorized activity.
Leaseholder—Persons, governmental agencies, firms, corporate bodies or agencies which hold a lease on a developed area.
Mined out—Depleted to that no further mining is contemplated.
Operator—Persons, firms, corporate bodies or governmental agencies managing the business conducted within a developed area.
Outside air—Air moving through the mined out passageways after entering them through the main or accessory portals by mechanical or natural forces.
Owner or developer—Firms, corporations, companies or individuals who are in legal possession of a developed or undeveloped area.
Pure air—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.
Undeveloped area—The mined out area not approved by the Department for regular use or occupancy.
§ 33.162. Scope.
§ 33.163. Applicability.
§ 33.164. Administration.
§ 33.165. Penalty.
§ 33.171. Roof areas.
§ 33.172. Lighting.
§ 33.173. Entrances and exits.
§ 33.174. Ventilation.
§ 33.175. Closing underground sections.
§ 33.176. Inspections.
§ 33.177. Record of inspection.
§ 33.178. Storage of flammable liquids.
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