The rule supersedes an emergency temporary standard (ETS) issued by MSHA in December 2002 in response to investigative findings surrounding the September 23, 2001, explosion at Jim Walter Resources Mine #5 in Brookwood, Alabama, that claimed the lives of 13 miners.

The final rule became effective this week on Tuesday, September 9.

As with the ETS, the new rule requires operators of underground coal mines to designate, for each shift that miners work underground, a responsible person to take charge during a mine fire, explosion and gas or water inundation emergency. The new rule requires the responsible person to initiate and conduct an immediate evacuation of the mine when there is a mine emergency that presents an imminent danger to miners.

The new rule also broadens the existing requirements for a program of instruction for firefighting and evacuation to address fire, explosion, and gas or water inundation emergencies.

In addition, the new rule amends Part 48 of CFR 30, Mineral Resources, to require that annual refresher training for miners include a review of the emergency evacuation and firefighting plans in effect at their mine.

"Often during emergency situations, confusion, disorientation, and questions about what to do or how to proceed can inhibit and delay sound decision-making and leadership," said MSHA assistant secretary Dave Lauriski.

"This new rule establishes a single point of contact for miners underground to look to for guidance in the event of a mine emergency and it provides for better training of miners to prepare for such situations.”

Full text of the rule can be found on MSHA's website at www.msha.gov