52 Pa. Stat. § 690-109

Current through P.A. Acts 2023-32
Section 690-109 - Accidents
(a) Duties of operator.--In the event of an accident occurring at a mine, an operator shall do all of the following:
(1) Notify the department no later than 15 minutes of discovery of the accident.
(2) Take appropriate measures to prevent the destruction of evidence which would assist in investigating the cause of the accident. Unless granted permission by the department, no operator may alter an accident site or an accident-related area until completion of all investigations pertaining to the accident, except to rescue any individual and prevent destruction of mine equipment.
(3) Obtain the approval of the department for any plan to recover an individual in the mine, to recover the coal mine or to return the affected areas of the mine to normal operations.
(4) Conduct its own investigation of the accident and develop a written report of the investigation. The report shall include all of the following:
(i) The date and hour of the accident.
(ii) The date the investigation began.
(iii) The names of the individuals participating in the investigation.
(iv) A description of the accident site.
(v) An explanation of the accident or injury, including a description of any equipment involved and relevant events before and after the accident.
(vi) An explanation of the cause of the accident.
(vii) An explanation of the cause of any injury sustained due to the accident.
(viii) The name, occupation and experience of any miner involved in the accident.
(ix) A sketch depicting the accident, including dimensions where pertinent.
(x) A description of steps taken to prevent a similar accident in the future.
(b) Duties of department.--In the event of an accident occurring at a mine, the department shall do all of the following:
(1) Take whatever action it deems appropriate, including the issuance of orders, to protect the life, health or safety of an individual, including coordinating and assisting rescue and recovery activities in the mine.
(2) Promptly decide whether to conduct an investigation of the accident and inform the operator and the representative of the miners of its decision.
(c) Report.--Each operator shall report to the department each accident and lost-time injury.
(1) The operator shall report within ten working days of the accident or lost-time injury. An operator may meet the requirements of this paragraph by submitting a copy of the MSHA Mine Accident, Injury and Illness Report Form 7000-1 required by 30 CFR 50.20 (relating to preparation and submission of MSHA Report Form 7000-1--Mine Accident, Injury, and Illness Report) in use on the date of the accident.
(2) Each accident and lost-time injury shall be reported on a separate form. If more than one miner is injured in the same accident, the operator shall submit a separate form for each miner affected.

52 P.S. § 690-109

2008, July 7, P.L. 654, No. 55, §109, effective in 180 days [ 1/5/2009].