52 Pa. Stat. § 690-104

Current through P.A. Acts 2023-32
Section 690-104 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Abandoned workings." Excavations, either caved or sealed, that are deserted and in which further mining is not intended.

"Accident." An unanticipated event, including any of the following:

(1) A death of an individual at a mine.
(2) An injury to an individual at a mine, which has a reasonable potential to cause death.
(3) An entrapment of an individual at a mine which has a reasonable potential to cause death or serious injury.
(4) An unplanned inundation of a mine by a liquid or gas.
(5) An unplanned ignition or explosion of gas or dust.
(6) An unplanned mine fire not extinguished within ten minutes of discovery.
(7) An unplanned ignition or explosion of a blasting agent or an explosive.
(8) An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use.
(9) An unplanned roof or rib fall in active workings that impairs ventilation or impedes passage.
(10) A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour.
(11) An unstable condition at an impoundment or refuse pile which does any of the following:
(i) Requires emergency action in order to prevent failure.
(ii) Causes individuals to evacuate an area.
(12) Failure of an impoundment or refuse pile.
(13) Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than 30 minutes.
(14) An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs.

"Active workings." All areas in a mine that are not sealed and which must be ventilated and examined under this act.

"Advisory committee." The Technical Advisory Committee on Diesel-Powered Equipment.

"Approval." A written document, issued by the Department of Environmental Protection, which states that a technology, material, machinery, tool, process, plan, device, equipment, facility, method, supply, accessory or other item meets the requirements of this act or of regulations promulgated under this act.

"Board." The Board of Coal Mine Safety.

"Certified individual." An individual who is qualified under the provisions of this act and who holds a certificate from the Department of Environmental Protection to perform a particular duty in connection with the operation at a mine. The term includes all of the following:

(1) Mine foreman.
(2) Assistant mine foreman.
(3) Mine examiner.
(4) Mine electrician.
(5) Machine runner.
(6) Shot-firer.
(7) Miner.

"Check survey." The term shall have the same meaning as closed-loop survey.

"Closed-loop survey." The method of establishing the accuracy of a mine survey by conducting a loop traverse to the point of beginning or to a known point of another closed-loop survey. The term does not include a double-angle, double-distance survey unless that method is used to complete a closed-loop survey.

"Coal-producing shift." A shift primarily intended for coal production rather than for purposes of construction, maintenance and housekeeping even though some coal production may be incident to such purposes.

"Department." The Department of Environmental Protection of the Commonwealth.

"DPEP." Diesel-powered equipment package.

"Face." The solid coal at the inby end of a working place.

"Inactive workings." All portions of a mine in which operations have been suspended for an indefinite period, but have not been abandoned.

"Interim mandatory safety standards." The safety standards under Chapters 2 and 3.

"Lateral and face take-ups." The individual measurements left and right of the entry center line used to depict the physical location of the coal ribs and pillars. The lateral take-ups define the intersections, pillars' corners and the significant variations in all excavations. The face take-ups define the limits of mining in all face areas in advance of the last station spad. Face take-ups and lateral take-ups in the face area are not to exceed a distance greater than 300 feet from the last survey station spad.

"Lost-time injury." When an individual is unable to report for work at the individual's regularly scheduled job on the individual's next regularly scheduled work shift due to a work-related injury.

"Mine." The shafts, slopes or drifts of an underground bituminous coal mine, either under construction, in use or abandoned, connected with excavations penetrating or intended to penetrate coal stratum or strata, which excavations are or were ventilated by air currents and connected by a method of transportation over which coal may be or was delivered to one or more points outside the mine. The term shall not include any surface coal mine.

"Mine examiner." An individual designated by the mine foreman or superintendent to examine a mine for gas and other dangers. The term shall include the title "fire boss."

"Mine foreman." An individual appointed by an operator or superintendent to be in charge of all of the following:

(1) The inside workings of a mine.
(2) An individual in a mine.
(3) A visitor to the inside of a mine, except for Federal and State Government representatives, mine inspectors and other representatives.

"Mine official." Any of the following:

(1) Superintendent.
(2) Mine foreman.
(3) Assistant mine foreman.
(4) Mine examiner.
(5) Mine electrician.

"Miner." An individual who is certified by the Department of Environmental Protection to work in an underground mine.

"MSHA." The Mine Safety and Health Administration within the United States Department of Labor.

"NIOSH." The National Institute for Occupational Safety and Health within the United States Department of Health and Human Services.

"Operator." An owner, lessee or other person who operates, controls or supervises a coal mine.

"Permissible explosives." Explosives approved for use in mines by the Mine Safety and Health Administration, the National Institute for Occupational Safety and Health or their predecessor agencies, notwithstanding the date of the approval.

"Permit boundary." The limits of the mine as established by the coal mine activity permit issued under the act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1), known as The Bituminous Mine Subsidence and Land Conservation Act.

"Person." Any individual, partnership, association, corporation, firm, subsidiary of a corporation or other organization.

"Pointer spads." Additional spads set in the roof to indicate the line of direction or bearing for future excavations. Pointer spads may or may not be referenced in the field notes. Pointer spads are not considered a permanent record because they only indicate direction.

"Representative of the miners." A miner employed at the mine who is authorized by a vote of two or more miners working at the same mine to perform the duties specified in this act.

"Return air." Air that has ventilated the last working place on any split of any working section or any worked-out area whether pillared or nonpillared. The term shall include all of the following:

(1) Air that mixes with air that has ventilated the last working place on any split of any working section or any worked-out area, whether pillared or nonpillared.
(2) Any air that has passed or ventilated seal areas.

"Secretary." The Secretary of Environmental Protection of the Commonwealth or the designee of the secretary.

"Shaft." A vertical opening through the strata that is or may be used for the purpose of ventilation or drainage or for hoisting men or material, or both, in connection with the mining of coal or for other purposes related to mining.

"Slope and drift." An incline or opening used for the same purpose as a shaft.

"Spad." A flat spike, firmly anchored in a hole drilled into the mine ceiling from which is threaded a plumbline.

"Superintendent." An individual appointed by an operator to manage a mine.

"Survey line." A representation of the line of survey from survey station spad to survey station spad as shown on the official mine map.

"Survey station spad." A permanent spad set in the roof that has a unique identification number or designation.

"Underground bituminous coal mine." A mine and the surface facilities that are physically connected to a mine, including preparation plants and loadouts at a mine, in this Commonwealth and not included in anthracite boundaries.

"Ventilation apparatus." All equipment, materials and devices used to establish, provide or support movement of air through a mine.

"Work area." Any place at a mine where work is being performed. The term shall not include areas where individuals are making examinations required under this act.

"Working place." The area in a mine from the last open crosscut to and including the face.

"Working section." The area in a mine from the face extending back 1,000 feet.

"Year of experience." For the purposes of issuing certifications under this act, the term shall mean working 240 eight-hour days or the hourly equivalent within a 12-month period beginning with the first day of employment in a mine.

52 P.S. § 690-104

2008, July 7, P.L. 654, No. 55, §104, effective in 180 days [ 1/5/2009].