Subchapter B. NONCOAL UNDERGROUND MINES
GENERAL Sec.
207.201. Applicability.
207.202. Definitions.
PERFORMANCE STANDARDS
207.211. Safety requirements.
207.212. Employment of foreman.
207.213. Duties of foreman.
207.214. Certificate of qualification application requirements.
207.215. Standards for issuing certificates of qualification.
207.216. Examining committee.
207.217. Blasting activity.
Source The provisions of this Subchapter B adopted April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041, unless otherwise noted.
GENERAL
§ 207.201. Applicability.
This subchapter applies to the development, construction and operation of noncoal underground mines in this Commonwealth.
§ 207.202. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
MSHA—The United States Department of Labor, Mine Safety and Health Administration, its employees and its officers.
Magazine—A structure used for the storage of explosives.
PERFORMANCE STANDARDS
§ 207.211. Safety requirements.
(a) The provisions of 30 CFR Part 57 (relating to safety and health standards—underground metal and nonmetal mines) are incorporated herein by reference.
(b) Alternative safety and health standards for underground metal and nonmetal mines, established by MSHA under section 101(c) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C.A. § 811(c)) and 30 CFR Part 44 (relating to rules of practice for petitions for modification of mandatory safety standards), are incorporated herein by reference.
(c) The provisions of 30 CFR Part 57 requiring the submission of a map, plan, notification, report, program description or other materials to MSHA are amended to require the same submission to the Department. A copy of the documents required by 30 CFR Part 57 to be submitted to MSHA and any other material requested by MSHA under 30 CFR Part 57 shall also be submitted to the Department’s Anthracite and Industrial Mineral Mine Safety Division at 5 West Laurel Blvd., Pottsville, Pennsylvania 17901.
(d) An owner or operator of a noncoal underground mine maintaining a magazine located on the surface shall comply with the magazine licensing requirements of Chapter 211 (relating to storage, handling and use of explosives).
§ 207.212. Employment of foreman.
The owner or operator of an underground noncoal mine shall employ a foreman who possesses the Department’s certificate of qualification to be a foreman.
§ 207.213. Duties of foreman.
The foreman shall have full charge of the inside portions of the noncoal underground mine and the persons employed therein. The foreman’s duty shall be to ensure compliance with the Commonwealth’s mine safety laws and the regulations promulgated thereunder, as well as to secure and promote the health and safety of persons employed in the noncoal underground mine.
§ 207.214. Certificate of qualification application requirements.
To be eligible to apply for a certificate of qualification, the individual shall:
(1) Be at least 21 years of age.
(2) Have at least 2 years of practical experience as a noncoal underground miner or have 1 year of practical experience as a noncoal underground miner and either possess a Bachelor of Science Degree in mining engineering, possess a certificate of qualification under section 205 of the Pennsylvania Anthracite Coal Mine Act (52 P. S. § 70-205) or section 206 of the Pennsylvania Bituminous Coal Mine Act (52 P. S. § 701-206) or possess an acceptable certificate of qualification issued by another state.
§ 207.215. Standards for issuing certificates of qualification.
(a) The Department will only issue certificates of qualification to be a foreman to applicants who have demonstrated the ability to ensure the safety of persons and the inside portions of a noncoal underground mine under their supervision. Applicants make this demonstration by correctly answering at least 80% of the Department’s written examination covering applicable mine safety laws and regulations of the Commonwealth.
(b) The Department may refuse to issue to an applicant a certificate of qualification when the applicant has demonstrated an inability or unwillingness to comply with the mine safety laws and regulations of the Commonwealth or the mine safety laws or regulations administered by MSHA.
§ 207.216. Examining committee.
(a) The Department will appoint a committee consisting of a noncoal underground mine foreman and a representative of the Department to prepare the initial draft of the examination to be given to applicants for the mine foreman’s certificate of qualification. A bank of questions shall be developed by the committee. The Department will assemble the examination from this bank of questions.
(b) This committee shall review and score the results of the examinations given to applicants for the foreman’s certificate of qualification. These results shall be transmitted to the Department for issuance of the certificate.
§ 207.217. Blasting activity.
The storage, handling and use of explosives at a noncoal underground mine shall be under the supervision and control of a person licensed as a blaster under Chapter 210 (relating to blasters’ licenses).
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