25 Pa. Code Pennsylvania Code Subchapter C. Miscellaneous Provisions Sec. 209A.41. Applicability. 209A.42. Accident Reporting. 209A.43. Alternative Standards. 209A.44. Access To Records.§ 209A.41. Applicability. This Subchapter Applies To Surface Mining Activities As Defined In Section 3 Of The Surface Mining Conservation And Reclamation Act (52 P. S. § 1396.3) And To Surface Mining As Defined In Section 3 Of The Noncoal Surface Mining Conservation And Reclamation Act (52 P. S. § 3303).§ 209A.42. Accident Reporting. (A) Unless The Context Clearly Indicates Otherwise, As Used In This Subchapter, An Accident Is An Incident That Results In One Or More Of The Following: (1) A Death Of An Individual At A Mine. (2) Serious Bodily Injury To An Individual At A Mine Or An Injury To An Individual At A Mine Which Has A Reasonable Potential To Cause Death. (3) An Entrapment Of An Individual For More Than 30 Minutes Or Which Has A Reasonable Potential To Cause Death. (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 30 Minutes Of Discovery. (7) An Unplanned Ignition Or Explosion Of A Blasting Agent Or An Explosive. (8) A Failure Of An Impoundment, Refuse Pile Or Culm Bank; Or An Unstable Condition At An Impoundment, Refuse Pile Or Culm Bank Which Requires Emergency Action To Prevent Failure, Or Which Causes Individuals To Evacuate An Area. (9) A Coal Or Rock Outburst That Causes Withdrawal Of Miners Or Which Disrupts Regular Mining Activity For More Than 1 Hour. (10) An Event At A Mine Which Causes Death Or Bodily Injury To An Individual Not At The Mine At The Time The Event Occurs. (B) If An Accident Occurs, An Operator Shall Contact The Department'S District Mining Office With Jurisdiction For The Mine Within 1 Hour Of Discovery Of The Accident. If An Operator Cannot Make Contact With The Appropriate District Mining Office, It Shall Contact The Department'S 24 Hour Emergency Number Within 1 Hour Of The Accident. (C) The Operator Of A Mine At Which An Accident Occurs Shall Mail Copies Of The Completed Msha Accident Reporting Forms To The Department'S District Mining Office With Jurisdiction For The Mine. These Copies Are In Addition To Accident Reporting Forms Sent To Msha And Shall Be Mailed To The Department Within 10 Working Days After The Accident Occurs.§ 209A.43. Alternative Standards. (A) If, As Of August 9, 2008, The United States Department Of Labor, Mine Safety And Health Administration (Msha) Has Adopted A Mine Specific Modification Of A Safety And Health Standard Incorporated By Reference In This Chapter For A Mine In This Commonwealth, That Mine Specific Modified Safety And Health Standard Will Be Adopted By The Department If The Operator Submits To The Department'S District Mining Office With Jurisdiction For The Mine A Copy Of Msha'S Adoption Of The Modification. (B) If, As Of August 9, 2008, An Operator Has Submitted To Msha, But Msha Has Not Yet Adopted, A Petition For A Mine Specific Modification Of A Safety And Health Standard Incorporated By Reference In This Chapter For A Mine In This Commonwealth, That Mine Specific Modified Safety And Health Standard Will Be Adopted By The Department If The Operator Submits To The Department'S District Mining Office With Jurisdiction For The Mine A Copy Of Msha'S Approval Of The Modification. (C) If, After August 9, 2008, An Operator Submits A Petition For A Mine Specific Modification Of A Safety And Health Standard Incorporated By Reference In This Chapter For A Mine Located In This Commonwealth, That Mine Specific Modified Safety And Health Standard Will Be Adopted By The Department Upon Msha'S Adoption Of The Modification If The Operator: (1) Provides The Department'S District Mining Office With Jurisdiction For The Mine With A Copy Of The Petition And A Copy Of All Supporting Materials Submitted To Msha, Upon Submission To Msha. (2) Submits To The Department'S District Mining Office With Jurisdiction For The Mine A Copy Of Msha'S Approval Of The Modification.§ 209A.44. Access To Records. The Department Shall Have Access To Review And Copy All Maps, Plans, Notifications, Reports, Training Records, Program Descriptions Or Other Materials Prepared To Comply With 30 Cfr Parts 50, 56 And 77 (Relating To Notification, Investigation, Reports And Records Of Accidents, Injuries, Illnesses, Employment, And Coal Production In Mines; Safety And Health Standards—Surface Metal And Nonmetal Mines; And Mandatory Safety Standards, Surface Coal Mines And Surface Work Areas Of Underground Coal Mines). No Part OF THE INFORMATION ON THIS SITE MAY BE REPRODUCED FOR PROFIT OR SOLD FOR PROFIT. This Material Has Been Drawn Directly From The Official Pennsylvania Code Full Text Database. Due To The Limitations Of Html Or Differences In Display Capabilities Of Different Browsers, This Version May Differ Slightly From The Official Printed Version.

Pennsylvania Code

Subchapter C. MISCELLANEOUS PROVISIONS

Sec.

209a.41.    Applicability.
209a.42.    Accident reporting.
209a.43.    Alternative standards.
209a.44.    Access to records.
§ 209a.41. Applicability.

This subchapter applies to surface mining activities as defined in section 3 of the Surface Mining Conservation and Reclamation Act (52 P. S. §  1396.3) and to surface mining as defined in section 3 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §  3303).
§ 209a.42. Accident reporting.

(a)  Unless the context clearly indicates otherwise, as used in this subchapter, an accident is an incident that results in one or more of the following:
   (1)  A death of an individual at a mine.
   (2)  Serious bodily injury to an individual at a mine or an injury to an individual at a mine which has a reasonable potential to cause death.
   (3)  An entrapment of an individual for more than 30 minutes or which has a reasonable potential to cause death.
   (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 30 minutes of discovery.
   (7)  An unplanned ignition or explosion of a blasting agent or an explosive.
   (8)  A failure of an impoundment, refuse pile or culm bank; or an unstable condition at an impoundment, refuse pile or culm bank which requires emergency action to prevent failure, or which causes individuals to evacuate an area.
   (9)  A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than 1 hour.
   (10)  An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs.
(b)  If an accident occurs, an operator shall contact the Department’s district mining office with jurisdiction for the mine within 1 hour of discovery of the accident. If an operator cannot make contact with the appropriate district mining office, it shall contact the Department’s 24 hour emergency number within 1 hour of the accident.
(c)  The operator of a mine at which an accident occurs shall mail copies of the completed MSHA accident reporting forms to the Department’s district mining office with jurisdiction for the mine. These copies are in addition to accident reporting forms sent to MSHA and shall be mailed to the Department within 10 working days after the accident occurs.
§ 209a.43. Alternative standards.

(a)  If, as of August 9, 2008, the United States Department of Labor, Mine Safety and Health Administration (MSHA) has adopted a mine specific modification of a safety and health standard incorporated by reference in this chapter for a mine in this Commonwealth, that mine specific modified safety and health standard will be adopted by the Department if the operator submits to the Department’s district mining office with jurisdiction for the mine a copy of MSHA’s adoption of the modification.
(b)  If, as of August 9, 2008, an operator has submitted to MSHA, but MSHA has not yet adopted, a petition for a mine specific modification of a safety and health standard incorporated by reference in this chapter for a mine in this Commonwealth, that mine specific modified safety and health standard will be adopted by the Department if the operator submits to the Department’s district mining office with jurisdiction for the mine a copy of MSHA’s approval of the modification.
(c)  If, after August 9, 2008, an operator submits a petition for a mine specific modification of a safety and health standard incorporated by reference in this chapter for a mine located in this Commonwealth, that mine specific modified safety and health standard will be adopted by the Department upon MSHA’s adoption of the modification if the operator:
   (1)  Provides the Department’s district mining office with jurisdiction for the mine with a copy of the petition and a copy of all supporting materials submitted to MSHA, upon submission to MSHA.
   (2)  Submits to the Department’s district mining office with jurisdiction for the mine a copy of MSHA’s approval of the modification.
§ 209a.44. Access to records.

The Department shall have access to review and copy all maps, plans, notifications, reports, training records, program descriptions or other materials prepared to comply with 30 CFR Parts 50, 56 and 77 (relating to notification, investigation, reports and records of accidents, injuries, illnesses, employment, and coal production in mines; safety and health standards—surface metal and nonmetal mines; and mandatory safety standards, surface coal mines and surface work areas of underground coal mines).

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