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The agency, which is set to formally announce its plans August 8 in the Federal Register, has opened up the floor for 60 days – all comments are due by October 7 – to assist it in determining whether changes to existing practices and regulations would improve the overall strategy for miners’ survivability, escape and training in a mine emergency situation.
“MSHA will review the comments to determine what further actions, if any, the agency will take,” assistant secretary for mine safety and health Joe Main said.
The DC Circuit Court of Appeals issued a decision on MSHA’s refuge alternative rule in October 2010, arguing that the nation’s secretary of labor had not adequately explained the basis for requiring motor task (hands-on), decision making and expectations training annually instead of quarterly.
The court remanded the training provision, ordering MSHA to either “provide an explanation … or … reopen the record, and afford interested parties an opportunity to comment”
MSHA and the National Institute for Occupational Safety and Health, under Section 13 of the Mine Improvement and New Emergency Response Act of 2006, performed research and examinations on refuge chamber use in underground coal mines. The results of those tests were to be reported to Congress and the US secretary of labor.
In its report, NIOSH said that refuge alternatives have the potential to save lives when part of a comprehensive escape and rescue plan, and with proper training given to a mine’s workers.
“Over the past five years, the mining community – operators and miners – has gained a great deal of experience with this technology and survival strategy,” Main said.
“We welcome the opportunity to hear from them on improvements we can make to better protect miners during mine emergencies and enhance their training experiences.”
There are two types of refuge alternatives, in-place shelters and mobile chambers.
Since the refuge alternatives rule became effective on March 2, 2009, refuge alternatives have been placed in underground coal mines across the country.
