MINER ACT 2006

1
MINER ACT 2006
2
Emergency Response Plan

• ERPs to be continuously updated and reviewed
  every 6 months
• Post Accident Communications
• Redundant Communications Now
• 2 Way Wireless U/G to Surface by June 2009
• Post Accident Tracking Current or Pre-Accident
  Location of U/G Personnel

3
Emergency Response Plan

• Post Accident Breathable Air
• Emergency supplies of breathable air RFI
• SCSR Caches within 30 minute walk time in each
  escapeway
• Post Accident Lifelines Each Escapeway
• Training
• Local Coordination

4
MINER ACT 2006

• Mine Rescue Teams
• New regulations by December 2007
• 2 Mine Rescue Teams within 1 hour travel time
  from a certified Mine Rescue Station to the
  covered mine

5
MINER ACT 2006

• Prompt Incident Notification (15 Min.)
• Civil Penalty - 5000 to 60,000
• Twelve incidents listed in part 50

6
MINER ACT 2006

• Part 50 Immediate Notification List
• Death of an individual at a mine
• An injury to an individual at a mine which has a
  reasonable potential to cause death
• Entrapment of an individual for more than 30
  minutes
• Unplanned inundation of a mine by a liquid or gas

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MINER ACT 2006

• Part 50 Immediate Notification List
• 5. Unplanned ignition or explosion of gas or
  dust
• 6. Unplanned mine fire not extinguished within
  30 minutes of discovery
• 7. Unplanned ignition or explosion of a blasting
  agent or an explosive
• 8. Unplanned roof fall at or above the anchorage
  zone

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MINER ACT 2006

• Part 50 Immediate Notification List
• 9. A coal or rock outburst that causes
  withdrawal of miners or which disrupts regular
  mining activity for more than one hour
• 10. An Unstable condition at an impoundment,
  refuse pile, or culm bank which requires
  emergency action in order to prevent failure, or
  which causes individuals to evacuate an area or,
  failure of an impoundment, refuse pile or culm
  bank

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MINER ACT 2006

• Part 50 Immediate Notification List
• 11.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
• 12. An event at the mine which causes death or
  bodily injury to an individual not at the mine at
  the time the event occurs

10
MINER ACT 2006

• Penalties
• Criminal Penalty Cap Personal
• First Conviction - fine of not more than 250,000
  and/or imprisonment for not more than one year
• Additional Conviction fine of not more than
  500,000 and/or imprisonment for not more than
  five years

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MINER ACT 2006

• Penalties
• Minimum fine for 104(d)(1) citation or order -
  4000
• Minimum fine for 104(d)(2) orders - 4000
• Maximum fine for Flagrant Violations - 220,000

12
MINER ACT 2006

• Flagrant Violations Reckless Failure
• Citation or order is evaluated as Significant and
  Substantial
• Injury or illness is evaluated as at least
  permanently disabling
• Citation or order is evaluated as an
  unwarrantable failure
• Negligence is evaluated as reckless disregard

13
MINER ACT 2006

• Flagrant Violations Repeated Failure
• Citation or order is evaluated as Significant and
  Substantial
• Injury or illness is evaluated as at least
  permanently disabling
• Citation or order is evaluated as an
  unwarrantable failure can be high negligence
• At least two prior unwarrantable failure
  violations of the same safety and health standard
  have been cited within the past 15 months

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MINER ACT 2006

• Penalties
• 5. No single penalty 60 assessments will go
  on points
• 6. MSHA is in the process promulgating new rules
  concerning Civil Penalty Assessments Public
  comment period ended Nov 9