MSHA Publishes Final Rule for Underground Coal Mine Rescue Teams - More Teams, Additional Training
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Thursday, June 18, 2009 |
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The
U.S. Department of Labor's Mine Safety and Health Administration (MSHA)
published a final rule in the Federal Register for mine rescue teams
regarding underground coal mines. The final rule amends existing
standards published Feb. 8, 2008, in accordance with the Mine
Improvement and New Emergency Response (MINER) Act of 2006. The United
Mine Workers of America challenged that rule and, on Feb. 10, 2009, the
U.S. Court of Appeals for the District of Columbia Circuit issued its
decision.
"MSHA recognizes the invaluable role that mine rescue
teams play in the aftermath of a mine disaster," said Michael A. Davis,
MSHA's deputy assistant secretary for operations. "These teams are
critical for ensuring the necessary response in the event of a mine
emergency."
In its decision, the court vacated three portions of the final rule which allow:
* Mine-site and state-sponsored teams to train at small mines annually rather than semi-annually.
* State employees who are members of state-sponsored teams to
substitute certain job duties for participation in one of the two mine
rescue contests required annually.
* State employees who are members of state-sponsored teams to participate in mine rescue contests by serving as judges.
The
final rule requires that mine-site and state-sponsored teams train
semi-annually at small mines, rather than annually, and state employees
who are members of state-sponsored teams participate in two mine rescue
contests annually.
In the preamble to today's final rule, MSHA
rescinds its intent, as stated in the preamble to the 2008 rule, that
members of state-sponsored mine rescue teams may participate in mine
rescue contests by serving as judges. Under this final rule, all
members of state-sponsored teams who are full-time employees must
participate in two local mine rescue contests.
Delayed
compliance dates of six months and one year, respectively, are included
for Kentucky mine operators to establish new teams and complete the
training in accordance with the requirements of this final rule.
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