§ 45-910. Proper ground control - Rules and procedures.

A.  The following rules and procedures shall be complied with for proper ground control:

1.  Practices and standards acceptable to the Chief Mine Inspector for the safe control of surface mine walls including the overall slope of the mine wall shall be established and followed by the operator.  Such standards shall be consistent with sound engineering, the nature of the ground and the seam mined, and the insuring of safe working conditions according to the degree of slope.  Mining methods shall be selected which will provide wall stability; including benching if necessary, to obtain a safe overall slope;

2.  All loose and hazardous material shall be stripped for a safe distance from the edge of the highwall;

3.  The width and height of benches shall be governed by the type of equipment to be used and the operation to be performed;

4.  Safe means of scaling walls shall be provided.  Loose material or trees on exposed wall areas shall be removed before any other work is performed in the exposed wall area;

5.  Men shall not work under dangerous walls.  Hazardous overhanging walls shall be taken down immediately and other unsafe ground conditions shall be corrected promptly or the areas shall be barricaded or posted;

6.  When removing rock by hand, men shall approach loose rock from above and shall scale from a safe location those areas on walls which must be scaled;

7.  The supervisor or a certified person designated by him shall examine working areas and faces of walls for unsafe conditions at least at the beginning of each shift, during the shift while men are working, and after blasting.  Any unsafe condition found shall be corrected before any further work is performed at the immediate area or face at which the unsafe condition exists;

8.  Men shall examine their working places before starting work and frequently thereafter and any unsafe condition shall be reported immediately to the supervisor before any other work is performed;

9.  Large boulders requiring secondary blasting shall be in a safe location before they are drilled or broken; and

10.  Men shall not be permitted to work between equipment and the mine wall where the equipment may hinder escape from falls or slides of the wall, unless special safety precautions are taken in advance.

B.  The following rules and procedures shall be complied with for proper fire prevention and control:

1.  No person shall smoke or use an open flame where flammable or combustible liquids or greases are stored or in areas or places where fire or explosion hazards exist;

2.  Signs warning against smoking and open flames shall be posted so they can readily be seen in areas or places where fire or explosion hazards exist;

3.  Areas surrounding flammable-liquid storage tanks and electric substations and transformers shall be kept free from dry grass, weeds, underbrush and other combustible materials for at least twenty-five (25) feet in all directions;

4.  Fires used for warming purposes shall be enclosed to prevent persons from coming in contact with flame or coals which would ignite clothing.  Oily or easily ignited clothing shall not be worn where ignition hazards are present;

5.  Buildings or rooms in which oil, grease, flammable liquids or similar flammable materials are stored shall be of fire-resistant construction and well ventilated.  Provisions shall be made to control spilled flammable liquids;

6.  Abandoned electrical circuits shall be de-energized and isolated so that they cannot become energized inadvertently.  If no further use is intended they shall be removed;

7.  Combustible materials, grease, lubricants or flammable liquids shall not be allowed to accumulate where they can create a fire hazard;

8.  Materials, such as oily waste and rags, which are subject to spontaneous combustion shall be placed in tightly covered metal containers until disposed of properly;

9.  When flammable solvents are used for cleaning, such solvents shall be transported in safety cans of not over five-gallon capacity.  When used to clean parts, the containers used shall have tight-fitting covers.  No cleaning may be done with flammable solvents near a possible source of ignition;

10.  Oxygen cylinders shall not be stored near oil or grease;

11.  Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease;

12.  Valves on oxygen and acetylene tanks shall be kept closed when they are not in use;

13.  Battery charging stations shall be located in well-ventilated areas and in the clear of other equipment;

14.  Internal combustion engines shall be shut off and stopped before being fueled;

15.  Each mine shall have available, or be provided with, appropriate types of fire-fighting equipment adequate for the size of the mine;

16.  Fire-fighting equipment shall be strategically located, readily accessible, plainly marked, properly maintained and inspected periodically with records kept of such inspections;

17.  Fire extinguishers shall be:

a.adequate in number and size and of the appropriate type for each particular fire hazard involved,

b.replaced immediately with full charged extinguishers of the same capability after any discharge is made from the extinguishers,

c.tested at least once every twelve (12) months and maintained according to the manufacturer's recommendation.  Each extinguisher shall bear a tag showing the date of testing and the name of the person making the examination for testing, and

d.approved by Underwriter's Laboratories, Inc. or Factory Mutual Research Corporation;

18.  Appropriate fire extinguishers shall be provided on self-propelled mobile equipment;

19.  Fire extinguishers of the appropriate type and size shall be an integral part of portable cutting and welding equipment;

20.  When welding or cutting near combustible materials, precautions shall be taken to insure that smoldering metal or sparks do not result in fire; and

21.  Belt conveyors in locations where fire would create a hazard to personnel shall be provided with safety switches to stop the drive pulley automatically in the event the belt stalls or there is excessive slippage.

Added by Laws 1978, c. 148, § 10, emerg. eff. April 7, 1978.  Amended by Laws 2004, c. 194, § 2, eff. Nov. 1, 2004.