Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-4-6 - Self-Contained Self-Rescue Device Storage Cache Plan6.1. Within 30 calendar days of the effective date of this rule, all operators of all mines shall submit an SCSR Storage Cache Plan for approval by the Director in accordance with W. Va. Code §22A-1-36. The design, development, submission, and implementation of the SCSR Storage Cache Plan shall be the responsibility of the operator of each mine.6.2. Operators shall revise all approved SCSR storage cache plans and submit those to the Director no later than 60 days after any amendments to this rule become final.6.3. Within 30 calendar days after submission of the SCSR Storage Cache Plan, the Director shall either approve the plan as submitted, or shall reject and return the plan to the operator for modification and resubmission, stating in detail the reason(s) for such rejection. If the plan is rejected, the Director shall give the operator a reasonable length of time, not to exceed 15 calendar days, to modify and resubmit such plan.6.4. In developing the SCSR Storage Cache Plan, the operator shall take into consideration the following: the need for SCSRs in the accidents described in W. Va. Code §22A-2-66; the number of employees of the particular mine; the location of the particular mine; the physical features of the particular mine; and any other aspect of the particular mine the operator deems relevant to the development of the SCSR Storage Cache Plan.6.5. Each SCSR Storage Cache shall be housed in a container constructed to protect the SCSRs from normal operational damage; be made of a material that is non-combustible; shall be easy to open during an emergency escape; be noted on the escape-way map required by W. Va. Code §22A-2-1; and included in the mine rescue plan required pursuant to W. Va. Code §22A-1-35(q).6.6. One SCSR storage cache shall be placed at a readily available location within 500 feet of the nearest working face in each working section of the mine and each active construction or rehabilitation site. Distances greater than 500 feet, but not to exceed 1,000 feet, are permitted upon approval of the Director. However, where miners are provided with personal SCSRs that are MSHA rated for less than 60 minutes, travel to these storage caches shall not exceed 5 minutes as determined by the height/travel time table as specified in W. Va. Code R. §56-4-6.9.2.6.7. Each of the storage caches specified in Section 6.6 shall contain 2 SCSRs that will provide at least 60 minutes of MSHA rated duration per unit for each miner. When each miner carries an SCSR that is MSHA rated for less than 60 minutes, the storage cache shall hold devices equivalent to 3 60-minute MSHA rated SCSRs for each miner. The total number of SCSRs in a stationary storage cache location will be based on the total number of miners reasonably likely to be in that area. During crew changes involving a mantrip at a working section or an active construction or rehabilitation site, a number of mantrip cached 60 minute or greater MSHA rated SCSRs equal to the total number of miners reasonably likely on the mantrip shall satisfy the total number of SCSRs required for such personnel.6.8. Operators shall ensure that storage caches required in Section 6.6 contain: an escape kit containing a hammer; a tagline; a supply of chemical light sticks; and an escape-way map required by W. Va. Code §22A-2-1.6.9. Additional storage caches of 60 minute or longer MSHA rated SCSRs shall also be placed in readily available locations throughout the remainder of the mine as follows: 6.9.1. Beginning at the storage cache located at the working section or active construction or rehabilitation site and beltlines, pumping and bleeder areas, and continuing to the surface or nearest escape facility leading to the surface pursuant to W. Va. Code §22A-2-60, the operator shall station additional storage caches of 60 minute or longer MSHA rated SCSRs containing a number of additional SCSRs equal to or exceeding one each for the total number of miners reasonably likely to be in that area at calculated intervals that a miner may traverse in no more than 30 minutes traveling at a normal pace, taking into consideration the height of the coal seam and utilizing the travel times as specified in W. Va. Code R. §56-4-6.9.2. If an SCSR has an MSHA approved duration greater than 60 minutes, the intervals between storage caches shall be calculated at the distance traveled in 1/2 the approved duration.6.9.2. Said intervals shall be calculated in accordance with the following: Height | Travel/ Minute | Height | Travel/ Minute |
28 inches | 70 feet | 56 inches | 180 feet |
32 inches | 90 feet | 60 inches | 220 feet |
36 inches | 100 feet | 64 inches | 270 feet |
40 inches | 120 feet | 68 inches | 280 feet |
44 inches | 135 feet | 72 inches | 290 feet |
48 inches | 150 feet | 76 inches | 295 feet |
52 inches | 160 feet | 80 inches | 300 feet |
6.10. The SCSR Storage Cache Plan shall include the following:6.10.1. The size and physical features of the mine;6.10.2. The maximum number of miners underground during each working shift;6.10.3. The proposed location of the various storage caches and the emergency shelter/chamber in relation to miners underground; and6.10.4. A schedule of compliance, which shall include:6.10.4.a. A narrative description of how the operator will achieve compliance with W. Va. Code R. §56-4-6.6.10.4.b. A schedule of measures, including an enforceable sequence of actions with milestones, leading to compliance; and6.10.4.c. A statement indicating when the implementation of the proposed plan will be complete.6.11. Each operator shall submit as attachments to its SCSR Storage Cache Plan the following: 6.11.1. A statement that the analysis and evaluation required by Section 6.4. of this rule has been completed;6.11.2. A statement indicating the training dates for the use of the SCSRs; and6.11.3. The name of the person or persons representing the operator, including his or her title, position, mailing address and telephone number, who can be contacted by the Director for all matters relating to the SCSR Storage Cache Plan and the weekly inspections of each storage cache.6.12. Within 30 calendar days of the Director's approval of the plan, the operator shall submit to the Director a copy of any contract, purchase order, or other proof of purchase of such number of additional SCSRs consistent with the operator's schedule of compliance.6.13. After the Director has approved an operator's SCSR Storage Cache Plan, the operator shall submit revisions to the plan at any time that changes in the operational conditions result in substantive modifications. In addition, at any time after the Director has approved an operator's SCSR Storage Cache Plan, the operator may submit proposed modifications or revisions to its plan along with the reasons therefor to the Director.6.13.1. Within 30 calendar days after receipt by the Director of any proposed revisions or modifications to the SCSR Storage Cache Plan, the Director shall either approve or reject the revisions, stating in detail the reasons for such rejection.6.13.2. The Director may require modifications to a Storage Cache Plan at any time following the investigation of a fatal accident or serious injury, as defined by W. Va. Code R. §36-19-3.2, if such modifications are warranted by the findings of the investigation.6.14. If the Director, in his/her sole discretion, determines that an operator has failed to provide an SCSR Storage Cache Plan or progress report, has provided an inadequate SCSR Storage Cache Plan or progress report, has failed to comply with its approved SCSR Storage Cache Plan or compliance schedule, or has failed to provide a copy of any contract, purchase order or other proof of purchase required under this section, in an effort to delay, avoid or circumvent compliance with W. Va. Code §22A-2-55 or this rule, the Director shall issue a cessation order to the operator for the affected mine in accordance with W. Va. Code §22A-1-15.