S&M Coal’s Buck Mountain Slope near Lykens, the agency said Monday, has completed its installation, though officials did not indicate the specific system or the exact completion date.

Under the outlines of the Mine Improvement and New Emergency Response Act of 2006, or MINER Act, all US underground coal operators were required to submit an emergency response plan by June 15 providing for post-accident communications between underground and surface personnel via a wireless two-way medium – as well as an electronic tracking system to permit surface personnel to see the location of trapped individuals.

“The ability to communicate with miners underground and track their whereabouts is a key component during a rescue operation,” assistant secretary of labor for mine safety and health Joseph Main said.

“This technology, when properly implemented, will go a long way in giving miners the best possible chance for survival in the event of a mine emergency.”

MSHA said that a number of anthracite miners were concerned at the time the regulations were being put into place that the systems’ radio emissions could interfere with blasting detonators used to extract anthracite coal underground.

Responding to the concern, the agency worked in tandem with system developers and tested one of the systems near blasting units at the 7 Ft. slope mine in New Philadelphia, Pennsylvania, and found that frequency interference levels would not result in unintended detonation.

“After receiving these results, most of the anthracite mine operators still refused to submit emergency response plans that provided for mandated communications and tracking systems,” MSHA said.

“Consequently, each of those operators received a citation for violating the MINER Act requirement. The contested citations were upheld in separate proceedings by administrative law judges with the Federal Mine Safety and Health Review Commission, who found that electronic tracking and two-way communication systems are safe and effective for use in underground anthracite mines and ordered that emergency response plans be submitted for approval by MSHA’s district manager.”

Following the judge’s decisions, several anthracite operators worked with the local MSHA district office to develop emergency response plans that outlined the mandated communications and tracking systems. The district manager for the region approved those plans.

However, officials said, S&M Coal continued operations without submitting a compliant ERP. MSHA filed a lawsuit against the mine April 21 in the US District Court for the Middle District Court of Pennsylvania seeking preliminary and permanent injunctions against the company.

“The judge granted MSHA’s motion for a preliminary injunction on July 6 and, although the agency’s request for a permanent injunction remains pending, S&M has agreed to install the communications and tracking system, making it the last anthracite mine operator to do so,” Main said.