View all text of Subchapter III [§ 861 - § 878]
§ 876. Communication facilities; locations and emergency response plans
(a) In general
(b) Accident preparedness and response
(1) In general
(2) Response and preparedness plan
(A) In general
(B) Plan requirements
An accident response plan under subparagraph (A) shall—
(i) provide for the evacuation of all individuals endangered by an emergency; and
(ii) provide for the maintenance of individuals trapped underground in the event that miners are not able to evacuate the mine.
(C) Plan approval
The accident response plan under subparagraph (A) shall be subject to review and approval by the Secretary. In determining whether to approve a particular plan the Secretary shall take into consideration all comments submitted by miners or their representatives. Approved plans shall—
(i) afford miners a level of safety protection at least consistent with the existing standards, including standards mandated by law and regulation;
(ii) reflect the most recent credible scientific research;
(iii) be technologically feasible, make use of current commercially available technology, and account for the specific physical characteristics of the mine; and
(iv) reflect the improvements in mine safety gained from experience under this chapter and other worker safety and health laws.
(D) Plan review
(E) Plan span-general requirements
To be approved under subparagraph (C), an accident response plan shall include the following:
(i) Post-accident communications
(ii) Post-accident tracking
(iii) Post-accident breathable air
The plan shall provide for—
(I) emergency supplies of breathable air for individuals trapped underground sufficient to maintain such individuals for a sustained period of time;(II) in addition to the 2 hours of breathable air per miner required by law under the emergency temporary standard as of the day before June 15, 2006, caches of self-rescuers providing in the aggregate not less than 2 hours per miner to be kept in escapeways from the deepest work area to the surface at a distance of no further than an average miner could walk in 30 minutes;(III) a maintenance schedule for checking the reliability of self rescuers, retiring older self-rescuers first, and introducing new self-rescuer technology, such as units with interchangeable air or oxygen cylinders not requiring doffing to replenish airflow and units with supplies of greater than 60 minutes, as they are approved by the Administration and become available on the market; and(IV) training for each miner in proper procedures for donning self-rescuers, switching from one unit to another, and ensuring a proper fit.(iv) Post-accident lifelines
(v) Training
(vi) Local coordination
(F) Plan span-specific requirements
(i) In general
(ii) Post accident communications
(G) Plan dispute resolution
(i) In general
(ii) Disputes
(iii) Further appeals
(H) Maintaining protections for miners
(Pub. L. 91–173, title III, § 316, Dec. 30, 1969, 83 Stat. 787; Pub. L. 109–236, § 2, June 15, 2006, 120 Stat. 493.)