7950. This part shall be known and may be cited as "The Tom Carrell
Memorial Tunnel and Mine Safety Act of 1972."
7951. As used in this part:
(a) Tunnel shall include excavation, construction, alteration,
repairing, renovating, or demolishing of any tunnel except tunnel
work covered under the compressed air safety orders adopted by the
Occupational Safety and Health Standards Board and manhole
construction.
(b) "Tunnel" means an underground passageway, excavated by men and
equipment working below the earth's surface, that provides a
subterranean route along which men, equipment, or substances can
move.
(c) "Mine" means any excavation or opening above or below ground
used for removal of ore, minerals, gravel, sand, rock, or other
materials intended for manufacturing or sale. It shall include
quarries and open pit operations, other than a gravel pit or other
pit where material is removed by a contractor or other person for his
own use and not for sale to others. The term "mine" shall not
include a mine that is operated exclusively by persons having a
proprietary interest in such mine or by persons who are paid only a
share of the profits from the mine, nor shall it include during any
calendar year, any mine that produced less than five thousand dollars
($5,000) in ore, minerals, sand, rock, or other material during the
preceding calendar year.
(d) "Access shaft" means a vertical shaft used as a regular means
of worker access to underground mines and tunnels under construction,
renovation, or demolition.
(e) "Lower explosive limit" means the lowest concentration at
which a gas or vapor can be ignited or will explode.
(f) "Face" means the head of the tunnel where soil is being
removed, or that area in a mine where digging is underway.
(g) "Muck" means excavated dirt, rock, or other material.
(h) "Permissible equipment" means equipment tested and approved by
the U.S. Bureau of Mines or acceptable to other authorities
recognized by the division, and acceptable by the division, which is
safe for use in gassy or extrahazardous tunnels or underground mines.
(i) "Division" means the Division of Occupational Safety and
Health.
(j) "Board" means the Occupational Safety and Health Standards
Board.
(k) "Underground mine" means a mine that consists of a
subterranean excavation.
7952. There shall be within the division a separate unit of safety
engineers trained to inspect all tunnel construction and mine
operations.
7953. Sufficient manpower shall be maintained to provide for four
annual inspections of underground mines, one inspection of surface
mines or quarries annually, and six inspections of tunnels under
construction annually.
7954. To assist the unit of safety engineers in determining the
safety of tunnel construction and mine operation, the division shall
make available at least one industrial hygiene engineer and one
chemist. A laboratory for analysis of dust, gas, vapors, soil, or
other materials shall be available to members of this unit. Contracts
to provide for geological and other services may be signed by the
division whenever it is necessary to assure safety for employees
engaged in mining or tunnel work.
7955. The division and the owner of a mine, if he is not the
operator of the mine, shall be notified before any initial mining
operation or construction may be started at any mines or tunnels. A
prejob safety conference shall be held with an authorized
representative of the division for all underground operations.
Representatives of the tunnel or mine owner, the employer, and
employees shall be included in the prejob safety conference.
The division shall classify all tunnels or underground mines
operating on the effective date of this section, or which commence
operation thereafter, as one of the classifications set forth in
subdivisions (a) to (d), inclusive. Such classification shall be made
prior to the request for bids on all public works projects, whenever
possible. This shall not, however, prevent the division from
reclassifying such mines or tunnels when conditions warrant it.
(a) Nongassy, which classification shall be applied to tunnels or
underground mines where there is little likelihood of encountering
gas during the construction of the tunnel or operation of an
underground mine. Such tunnels shall be constructed or underground
mines operated under regulations, rules, and orders developed by the
division and board and approved by the board. This subdivision shall
not prohibit the division chief or his representatives from
establishing any special orders that they feel are necessary for
safety.
(b) Potentially gassy, which classification shall be applied to
tunnels or underground mines where there exists a possibility gas
will be encountered.
(c) Gassy, which classification shall be applied to tunnels or
underground mines where it is likely gas will be encountered. Special
safety measures, including those set forth in Sections 7965 to 7976,
inclusive, those established by the division and board and adopted
by the board, or special orders written by the chief or his
representatives shall be observed in construction of gassy tunnels in
addition to regular rules, orders, special orders, or regulations.
(d) Extrahazardous, which classification may, when the division
finds that there is a serious danger to the safety of the employees,
be applied to tunnels or underground mines where gas or vapors have
caused an explosion or fire, where the likelihood of encountering
petroleum vapors exists, or where tests show, with normal
ventilation, a concentration of hydrocarbon petroleum vapors in
excess of 20 percent of the lower explosive limit within three inches
of the roof, face, floor, or walls of any open workings.
Construction in extrahazardous tunnels or operation in extrahazardous
underground mines shall conform to safety measures set forth in
Sections 7977 to 7985, inclusive, any rules, regulations, orders, or
special orders of the division, or any special rules, orders, or
regulations adopted by the board.
The division shall not be required to reclassify any tunnel or
underground mine that is shut down seasonally, when such tunnel or
underground mine is put back into operation in not less than six
months after date of the shutdown.
7956. All personnel, including both employees working above ground
and those in the tunnel or underground mine, shall be informed of the
classification designated by the division for that job. A notice of
the classification and any special orders, rules, or regulations to
be used in construction, remodeling, demolition, or operation of the
tunnel or underground mine shall be prominently posted at the site.
7957. An emergency rescue plan shall be developed by the employer
for every tunnel or underground mine. Such plan, including a current
map of the tunnel or underground mine, shall be provided to local
fire and rescue units, to the division, and to every employee at the
place of employment.
7958. A trained rescue crew of at least five men shall be provided
at underground mines with more than 25 men or tunnels with 10 or more
men underground at any one time. Smaller mines shall have one man
for each 10 men underground who receives annual training in the use
of breathing apparatus. Two trained crews shall be provided at mines
with more than 50 men underground and at tunnels with more than 25
men underground.
7959. Rescue crews shall be familiar with all emergency equipment
necessary to effect a rescue or search for missing employees in case
of an accident or explosion. Such rescue crews shall hold practices
with equipment and using emergency rescue plan procedures at least
once monthly during construction or operation of the tunnel or
underground mines. At least one rescue crew shall be maintained above
ground at all times and within 30 minutes travel of the tunnel or
underground mine site classified as gassy or extrahazardous.
7960. In any tunnel or underground mine classified as potentially
gassy, tests for gas or vapors shall be made prior to start of work
at each shift. If any concentration of gas at or above 10 percent of
the lower explosive limit is recorded, the division shall be notified
immediately.
7961. The division shall investigate immediately any notification
of a gas reading 10 percent of the lower explosive limit or higher by
an employer in a tunnel or underground mine classified as
potentially gassy. If the inspection determines the likelihood of
encountering more gas or vapor, the division may halt operations
until the tunnel or mine can be reclassified.
7962. A safety representative qualified to recognize hazardous
conditions and certified by the division shall be designated by the
employer in any tunnel or underground mine. He shall have the
authority to correct unsafe conditions and unsafe practices, and
shall be responsible for directing the required safety programs.
7963. All underground mines and tunnels with more than five men
underground at one time shall have telephone or other communication
systems to the surface in operation at any time there are persons
underground. Such systems shall be installed in such a manner that
destruction or removal of one phone or communication device does not
make other phones or communication devices inoperative.
7964. Whenever an access shaft is used as the normal means of
entrance or exit to an underground mine or tunnel, it shall be
constructed of fireproof material or fireproofed by chemical or other
means.
7964.5. Nothing contained in this part shall restrict the division
in contracting with the Secretary of the Interior for an approved
state plan for mines under P.L. 89-577 (30 U.S.C. 721 et seq.).
7950. This part shall be known and may be cited as "The Tom Carrell
Memorial Tunnel and Mine Safety Act of 1972."
7951. As used in this part:
(a) Tunnel shall include excavation, construction, alteration,
repairing, renovating, or demolishing of any tunnel except tunnel
work covered under the compressed air safety orders adopted by the
Occupational Safety and Health Standards Board and manhole
construction.
(b) "Tunnel" means an underground passageway, excavated by men and
equipment working below the earth's surface, that provides a
subterranean route along which men, equipment, or substances can
move.
(c) "Mine" means any excavation or opening above or below ground
used for removal of ore, minerals, gravel, sand, rock, or other
materials intended for manufacturing or sale. It shall include
quarries and open pit operations, other than a gravel pit or other
pit where material is removed by a contractor or other person for his
own use and not for sale to others. The term "mine" shall not
include a mine that is operated exclusively by persons having a
proprietary interest in such mine or by persons who are paid only a
share of the profits from the mine, nor shall it include during any
calendar year, any mine that produced less than five thousand dollars
($5,000) in ore, minerals, sand, rock, or other material during the
preceding calendar year.
(d) "Access shaft" means a vertical shaft used as a regular means
of worker access to underground mines and tunnels under construction,
renovation, or demolition.
(e) "Lower explosive limit" means the lowest concentration at
which a gas or vapor can be ignited or will explode.
(f) "Face" means the head of the tunnel where soil is being
removed, or that area in a mine where digging is underway.
(g) "Muck" means excavated dirt, rock, or other material.
(h) "Permissible equipment" means equipment tested and approved by
the U.S. Bureau of Mines or acceptable to other authorities
recognized by the division, and acceptable by the division, which is
safe for use in gassy or extrahazardous tunnels or underground mines.
(i) "Division" means the Division of Occupational Safety and
Health.
(j) "Board" means the Occupational Safety and Health Standards
Board.
(k) "Underground mine" means a mine that consists of a
subterranean excavation.
7952. There shall be within the division a separate unit of safety
engineers trained to inspect all tunnel construction and mine
operations.
7953. Sufficient manpower shall be maintained to provide for four
annual inspections of underground mines, one inspection of surface
mines or quarries annually, and six inspections of tunnels under
construction annually.
7954. To assist the unit of safety engineers in determining the
safety of tunnel construction and mine operation, the division shall
make available at least one industrial hygiene engineer and one
chemist. A laboratory for analysis of dust, gas, vapors, soil, or
other materials shall be available to members of this unit. Contracts
to provide for geological and other services may be signed by the
division whenever it is necessary to assure safety for employees
engaged in mining or tunnel work.
7955. The division and the owner of a mine, if he is not the
operator of the mine, shall be notified before any initial mining
operation or construction may be started at any mines or tunnels. A
prejob safety conference shall be held with an authorized
representative of the division for all underground operations.
Representatives of the tunnel or mine owner, the employer, and
employees shall be included in the prejob safety conference.
The division shall classify all tunnels or underground mines
operating on the effective date of this section, or which commence
operation thereafter, as one of the classifications set forth in
subdivisions (a) to (d), inclusive. Such classification shall be made
prior to the request for bids on all public works projects, whenever
possible. This shall not, however, prevent the division from
reclassifying such mines or tunnels when conditions warrant it.
(a) Nongassy, which classification shall be applied to tunnels or
underground mines where there is little likelihood of encountering
gas during the construction of the tunnel or operation of an
underground mine. Such tunnels shall be constructed or underground
mines operated under regulations, rules, and orders developed by the
division and board and approved by the board. This subdivision shall
not prohibit the division chief or his representatives from
establishing any special orders that they feel are necessary for
safety.
(b) Potentially gassy, which classification shall be applied to
tunnels or underground mines where there exists a possibility gas
will be encountered.
(c) Gassy, which classification shall be applied to tunnels or
underground mines where it is likely gas will be encountered. Special
safety measures, including those set forth in Sections 7965 to 7976,
inclusive, those established by the division and board and adopted
by the board, or special orders written by the chief or his
representatives shall be observed in construction of gassy tunnels in
addition to regular rules, orders, special orders, or regulations.
(d) Extrahazardous, which classification may, when the division
finds that there is a serious danger to the safety of the employees,
be applied to tunnels or underground mines where gas or vapors have
caused an explosion or fire, where the likelihood of encountering
petroleum vapors exists, or where tests show, with normal
ventilation, a concentration of hydrocarbon petroleum vapors in
excess of 20 percent of the lower explosive limit within three inches
of the roof, face, floor, or walls of any open workings.
Construction in extrahazardous tunnels or operation in extrahazardous
underground mines shall conform to safety measures set forth in
Sections 7977 to 7985, inclusive, any rules, regulations, orders, or
special orders of the division, or any special rules, orders, or
regulations adopted by the board.
The division shall not be required to reclassify any tunnel or
underground mine that is shut down seasonally, when such tunnel or
underground mine is put back into operation in not less than six
months after date of the shutdown.
7956. All personnel, including both employees working above ground
and those in the tunnel or underground mine, shall be informed of the
classification designated by the division for that job. A notice of
the classification and any special orders, rules, or regulations to
be used in construction, remodeling, demolition, or operation of the
tunnel or underground mine shall be prominently posted at the site.
7957. An emergency rescue plan shall be developed by the employer
for every tunnel or underground mine. Such plan, including a current
map of the tunnel or underground mine, shall be provided to local
fire and rescue units, to the division, and to every employee at the
place of employment.
7958. A trained rescue crew of at least five men shall be provided
at underground mines with more than 25 men or tunnels with 10 or more
men underground at any one time. Smaller mines shall have one man
for each 10 men underground who receives annual training in the use
of breathing apparatus. Two trained crews shall be provided at mines
with more than 50 men underground and at tunnels with more than 25
men underground.
7959. Rescue crews shall be familiar with all emergency equipment
necessary to effect a rescue or search for missing employees in case
of an accident or explosion. Such rescue crews shall hold practices
with equipment and using emergency rescue plan procedures at least
once monthly during construction or operation of the tunnel or
underground mines. At least one rescue crew shall be maintained above
ground at all times and within 30 minutes travel of the tunnel or
underground mine site classified as gassy or extrahazardous.
7960. In any tunnel or underground mine classified as potentially
gassy, tests for gas or vapors shall be made prior to start of work
at each shift. If any concentration of gas at or above 10 percent of
the lower explosive limit is recorded, the division shall be notified
immediately.
7961. The division shall investigate immediately any notification
of a gas reading 10 percent of the lower explosive limit or higher by
an employer in a tunnel or underground mine classified as
potentially gassy. If the inspection determines the likelihood of
encountering more gas or vapor, the division may halt operations
until the tunnel or mine can be reclassified.
7962. A safety representative qualified to recognize hazardous
conditions and certified by the division shall be designated by the
employer in any tunnel or underground mine. He shall have the
authority to correct unsafe conditions and unsafe practices, and
shall be responsible for directing the required safety programs.
7963. All underground mines and tunnels with more than five men
underground at one time shall have telephone or other communication
systems to the surface in operation at any time there are persons
underground. Such systems shall be installed in such a manner that
destruction or removal of one phone or communication device does not
make other phones or communication devices inoperative.
7964. Whenever an access shaft is used as the normal means of
entrance or exit to an underground mine or tunnel, it shall be
constructed of fireproof material or fireproofed by chemical or other
means.
7964.5. Nothing contained in this part shall restrict the division
in contracting with the Secretary of the Interior for an approved
state plan for mines under P.L. 89-577 (30 U.S.C. 721 et seq.).
7950. This part shall be known and may be cited as "The Tom Carrell
Memorial Tunnel and Mine Safety Act of 1972."
7951. As used in this part:
(a) Tunnel shall include excavation, construction, alteration,
repairing, renovating, or demolishing of any tunnel except tunnel
work covered under the compressed air safety orders adopted by the
Occupational Safety and Health Standards Board and manhole
construction.
(b) "Tunnel" means an underground passageway, excavated by men and
equipment working below the earth's surface, that provides a
subterranean route along which men, equipment, or substances can
move.
(c) "Mine" means any excavation or opening above or below ground
used for removal of ore, minerals, gravel, sand, rock, or other
materials intended for manufacturing or sale. It shall include
quarries and open pit operations, other than a gravel pit or other
pit where material is removed by a contractor or other person for his
own use and not for sale to others. The term "mine" shall not
include a mine that is operated exclusively by persons having a
proprietary interest in such mine or by persons who are paid only a
share of the profits from the mine, nor shall it include during any
calendar year, any mine that produced less than five thousand dollars
($5,000) in ore, minerals, sand, rock, or other material during the
preceding calendar year.
(d) "Access shaft" means a vertical shaft used as a regular means
of worker access to underground mines and tunnels under construction,
renovation, or demolition.
(e) "Lower explosive limit" means the lowest concentration at
which a gas or vapor can be ignited or will explode.
(f) "Face" means the head of the tunnel where soil is being
removed, or that area in a mine where digging is underway.
(g) "Muck" means excavated dirt, rock, or other material.
(h) "Permissible equipment" means equipment tested and approved by
the U.S. Bureau of Mines or acceptable to other authorities
recognized by the division, and acceptable by the division, which is
safe for use in gassy or extrahazardous tunnels or underground mines.
(i) "Division" means the Division of Occupational Safety and
Health.
(j) "Board" means the Occupational Safety and Health Standards
Board.
(k) "Underground mine" means a mine that consists of a
subterranean excavation.
7952. There shall be within the division a separate unit of safety
engineers trained to inspect all tunnel construction and mine
operations.
7953. Sufficient manpower shall be maintained to provide for four
annual inspections of underground mines, one inspection of surface
mines or quarries annually, and six inspections of tunnels under
construction annually.
7954. To assist the unit of safety engineers in determining the
safety of tunnel construction and mine operation, the division shall
make available at least one industrial hygiene engineer and one
chemist. A laboratory for analysis of dust, gas, vapors, soil, or
other materials shall be available to members of this unit. Contracts
to provide for geological and other services may be signed by the
division whenever it is necessary to assure safety for employees
engaged in mining or tunnel work.
7955. The division and the owner of a mine, if he is not the
operator of the mine, shall be notified before any initial mining
operation or construction may be started at any mines or tunnels. A
prejob safety conference shall be held with an authorized
representative of the division for all underground operations.
Representatives of the tunnel or mine owner, the employer, and
employees shall be included in the prejob safety conference.
The division shall classify all tunnels or underground mines
operating on the effective date of this section, or which commence
operation thereafter, as one of the classifications set forth in
subdivisions (a) to (d), inclusive. Such classification shall be made
prior to the request for bids on all public works projects, whenever
possible. This shall not, however, prevent the division from
reclassifying such mines or tunnels when conditions warrant it.
(a) Nongassy, which classification shall be applied to tunnels or
underground mines where there is little likelihood of encountering
gas during the construction of the tunnel or operation of an
underground mine. Such tunnels shall be constructed or underground
mines operated under regulations, rules, and orders developed by the
division and board and approved by the board. This subdivision shall
not prohibit the division chief or his representatives from
establishing any special orders that they feel are necessary for
safety.
(b) Potentially gassy, which classification shall be applied to
tunnels or underground mines where there exists a possibility gas
will be encountered.
(c) Gassy, which classification shall be applied to tunnels or
underground mines where it is likely gas will be encountered. Special
safety measures, including those set forth in Sections 7965 to 7976,
inclusive, those established by the division and board and adopted
by the board, or special orders written by the chief or his
representatives shall be observed in construction of gassy tunnels in
addition to regular rules, orders, special orders, or regulations.
(d) Extrahazardous, which classification may, when the division
finds that there is a serious danger to the safety of the employees,
be applied to tunnels or underground mines where gas or vapors have
caused an explosion or fire, where the likelihood of encountering
petroleum vapors exists, or where tests show, with normal
ventilation, a concentration of hydrocarbon petroleum vapors in
excess of 20 percent of the lower explosive limit within three inches
of the roof, face, floor, or walls of any open workings.
Construction in extrahazardous tunnels or operation in extrahazardous
underground mines shall conform to safety measures set forth in
Sections 7977 to 7985, inclusive, any rules, regulations, orders, or
special orders of the division, or any special rules, orders, or
regulations adopted by the board.
The division shall not be required to reclassify any tunnel or
underground mine that is shut down seasonally, when such tunnel or
underground mine is put back into operation in not less than six
months after date of the shutdown.
7956. All personnel, including both employees working above ground
and those in the tunnel or underground mine, shall be informed of the
classification designated by the division for that job. A notice of
the classification and any special orders, rules, or regulations to
be used in construction, remodeling, demolition, or operation of the
tunnel or underground mine shall be prominently posted at the site.
7957. An emergency rescue plan shall be developed by the employer
for every tunnel or underground mine. Such plan, including a current
map of the tunnel or underground mine, shall be provided to local
fire and rescue units, to the division, and to every employee at the
place of employment.
7958. A trained rescue crew of at least five men shall be provided
at underground mines with more than 25 men or tunnels with 10 or more
men underground at any one time. Smaller mines shall have one man
for each 10 men underground who receives annual training in the use
of breathing apparatus. Two trained crews shall be provided at mines
with more than 50 men underground and at tunnels with more than 25
men underground.
7959. Rescue crews shall be familiar with all emergency equipment
necessary to effect a rescue or search for missing employees in case
of an accident or explosion. Such rescue crews shall hold practices
with equipment and using emergency rescue plan procedures at least
once monthly during construction or operation of the tunnel or
underground mines. At least one rescue crew shall be maintained above
ground at all times and within 30 minutes travel of the tunnel or
underground mine site classified as gassy or extrahazardous.
7960. In any tunnel or underground mine classified as potentially
gassy, tests for gas or vapors shall be made prior to start of work
at each shift. If any concentration of gas at or above 10 percent of
the lower explosive limit is recorded, the division shall be notified
immediately.
7961. The division shall investigate immediately any notification
of a gas reading 10 percent of the lower explosive limit or higher by
an employer in a tunnel or underground mine classified as
potentially gassy. If the inspection determines the likelihood of
encountering more gas or vapor, the division may halt operations
until the tunnel or mine can be reclassified.
7962. A safety representative qualified to recognize hazardous
conditions and certified by the division shall be designated by the
employer in any tunnel or underground mine. He shall have the
authority to correct unsafe conditions and unsafe practices, and
shall be responsible for directing the required safety programs.
7963. All underground mines and tunnels with more than five men
underground at one time shall have telephone or other communication
systems to the surface in operation at any time there are persons
underground. Such systems shall be installed in such a manner that
destruction or removal of one phone or communication device does not
make other phones or communication devices inoperative.
7964. Whenever an access shaft is used as the normal means of
entrance or exit to an underground mine or tunnel, it shall be
constructed of fireproof material or fireproofed by chemical or other
means.
7964.5. Nothing contained in this part shall restrict the division
in contracting with the Secretary of the Interior for an approved
state plan for mines under P.L. 89-577 (30 U.S.C. 721 et seq.).
