4VAC25-40 Safety and Health Regulations for Mineral Mining

REGULATIONS

Vol. 25 Iss. 4 - October 27, 2008

TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF MINES, MINERALS AND ENERGY

Chapter 40

Proposed Regulation

Title of Regulation: 4VAC25-40. Safety and Health Regulations for Mineral Mining (amending 4VAC25-40-25, 4VAC25-40-90, 4VAC25-40-120, 4VAC25-40-130, 4VAC25-40-190, 4VAC25-40-260, 4VAC25-40-350, 4VAC25-40-410, 4VAC25-40-720, 4VAC25-40-780, 4VAC25-40-800, 4VAC25-40-810, 4VAC25-40-880, 4VAC25-40-890, 4VAC25-40-1600, 4VAC25-40-2790, 4VAC25-40-2800, 4VAC25-40-2980, 4VAC25-40-3800, 4VAC25-40-3830, 4VAC25-40-3840, 4VAC25-40-3990, 4VAC25-40-4060, 4VAC25-40-4240, 4VAC25-40-4260, 4VAC25-40-4400; adding 4VAC25-40-365, 4VAC25-40-893, 4VAC25-40-925, 4VAC25-40-1095, 4VAC25-40-4061, 4VAC25-40-4062, 4VAC25-40-4063, 4VAC25-40-4064, 4VAC25-40-4065, 4VAC25-40-4066; repealing 4VAC25-40-3050 through 4VAC25-40-3090, 4VAC25-40-3110, 4VAC25-40-3120).

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, 45.1-161.305 of the Code of Virginia.

Public Hearing Information:

November 12, 2008 - 10 a.m. - Department of Mines, Minerals and Energy, 900 Natural Resources Drive, Charlottesville, VA

Public Comments: Public comments may be submitted until 5 p.m. on December 26, 2008.

Agency Contact: David Spears, Regulatory Coordinator, Department of Mines, Minerals and Energy, 202 N. Ninth St., 8th Floor, Richmond, VA 23219-3402, telephone [phone], FAX [phone], TTY [phone], or email [e-mail].

Basis: The Department of Mines, Minerals and Energy is authorized to promulgate regulations necessary to the performance of its duties under § 45.1-161.3 of the Code of Virginia. Sections 45.1-161.294 and 45.1-161.305 require that the director of the department promulgate regulations to ensure safe working conditions and practices at underground and surface mineral mines, respectively. This authority is mandatory.

Purpose: The purpose of the regulation at 4VAC25-40, Safety and Health Regulations for Mineral Mining, is to provide for the protection of persons and property on and around mineral (noncoal) mines. The proposed action is the result of periodic review. Even though no public comments were received during the review comment period, agency staff identified sections that would benefit from amendments as proposed herein. The amendments will improve this chapter by making technical corrections, clarifying unclear language, updating references, making the regulation internally consistent and consistent with the Code of Virginia, and strengthening certain provisions relating to mine safety. Because the regulation is specifically intended to protect persons and property from the effects of mining, the agency has determined that the proposed amendments are essential to protect the health, safety and welfare of citizens.

Substance: The intended action will amend provisions of an existing regulation. Unclear language in various sections will be clarified. Sections identified for clarification are those dealing with examination and inspection of workings, compliance with regulations, repairing machinery, exposure to airborne contaminants, loaders in operation, scaling bars, and open flame restrictions.

Several sections will be amended to make them internally consistent with other sections and with the Code of Virginia. References to external documents and the Code of Virginia will be corrected to reflect more recent publication dates of those documents; references to federal and other agencies that have changed their names will be updated. Corrections will be made to typographical and other technical errors.

In Part XV of the chapter, a number of sections will be moved to different articles to more efficiently organize the rules. Six sections dealing with mine rescue and evacuation will be moved from Article 2, Fire Prevention and Control, to Article 9, Safety Program. The heading for Article 6, Loading, Hauling, and Dumping, will be moved from the beginning of 4VAC25-40-3590 to the beginning of 4VAC25-40-3560 to fully encompass sections dealing with hauling. The heading for Article 10, Personnel Hoisting, will be moved from the beginning of 4VAC25-40-4090 to the beginning of 4VAC25-40-4070 to fully encompass sections dealing with hoisting.

During the periodic review, the agency identified sections dealing with mineral mine safety that would benefit from being strengthened. The agency intends to add a section requiring drill logs for boreholes intended for blasting. The agency also intends to amend other sections dealing with blasting to: require reporting of flyrock incidents; require review of drill logs before blasting; require that areas containing loaded boreholes be posted as well as barricaded, if not guarded; require that drill logs be kept as part of the blast record; and require that electronic detonation systems be of an approved type. Regarding underground rescue in mineral mines, the agency intends to amend and generally strengthen sections dealing with mine rescue stations, equipment, crews, and self-contained breathing apparatus. Also for the purpose of improved safety, the agency intends to add one new section requiring that structures be substantial and well maintained.

Issues: The proposed action will provide certain advantages to the public, particularly those who live near or work in mineral mines. Strengthening sections dealing with preparations for blasting and requiring mine operators to have a plan to minimize the affects of blasting on adjacent properties are intended to reduce citizen complaints related to blasting. The strengthening of mine safety provisions such as those dealing with underground mine rescue and self-rescue devices will improve worker safety. Correcting existing unclear, inconsistent, or incorrect language will make the regulation more accurate and easy to understand. No disadvantages are foreseen for the public.

Since the amended regulations will be enforced with existing personnel in existing programs, there will be no additional cost or any other anticipated disadvantages for the Commonwealth.

At least one of the amended provisions will cause some mineral mine operators to incur additional costs, but the magnitude of these costs is not considered by the agency to be excessive in proportion to the safety benefits returned.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Regulation. The Department of Mines, Minerals and Energy (DMME) proposes to amend the existing Safety and Health Regulations for Mineral Mining for better protection of persons and property on and around mineral mines. DMME proposes to amend sections dealing with blasting to require that: 1) flyrock incidents be reported to the Division of Mineral Mining (division) immediately and details noted in the blast record; 2) the certified blaster in charge review the drill logs to determine specific downhole conditions prior to loading the shot; 3) areas containing loaded boreholes be posted as well as barricaded, if not guarded; 4) drill logs for boreholes intended for blasting be included in the blast record; 5) mine operators maintain a plan to control the affects of blasting on adjacent areas; and 6) electronic detonation systems be approved by the Director of the division and used according to manufacturer’s instructions. Sections regarding underground rescue and evacuation will be reorganized and strengthened. One section is added to require that structures shall be of substantial construction and maintained in safe condition. DMME also proposes to make corrections and clarifications to the existing language.

Results of Analysis. There is insufficient data to accurately compare the magnitude of the benefits versus the costs. Detailed analysis of the benefits and costs can be found in the next section.

Estimated Economic Impact. The purpose of the existing Safety and Health Regulations for Mineral Mining is to provide for the protection of persons and property on and around mineral mines. DMME proposes to amend the sections dealing with blasting for improved safety. One of the proposed changes is to require that flyrock incidents be reported to the division immediately and details noted in the blast record. Flyrock means any uncontrolled material generated by the effect of a blast that is hazardous to persons, or to property not owned or controlled by the operator. The existing regulations do not specifically require the reporting of flyrock incidents. However, according to DMME, mine operators generally report flyrock incidents. Thus adding this proposed requirement will allow DMME to better monitor the blasting and will help in minimizing the effects of the flyrock incidents, without causing any significant costs to the mine operators.

The proposed regulation also requires that areas containing loaded boreholes be posted as well as barricaded, if not guarded. The current regulation requires that areas containing boreholes be either guarded or barricaded. Requiring the areas to be posted in addition to being barricaded when not guarded will prevent unauthorized entry and protect people living near the mineral mines. This proposed change will likely not cause any significant costs because a sign or other visual indications will serve the need for posting.

DMME proposes to require that drill logs for boreholes intended for blasting be included in the blast record and to add a section specifying the required information to be included in the drill logs. The certified blaster in charge will be required to review the drill logs to determine specific downhole conditions prior to loading the shot. According to DMME, reviewing the drill log may take 5 to 10 minutes. Currently it is standard practice for the drillers to prepare drill logs and for the certified blaster to review the drill log. Some of the blasting contractors already have internal policies that require the review of drill logs by their blasters. Therefore, these requirements will likely not cause any significant costs for the operators or the certified blasters. Requiring the blaster to review the logs prior to loading the shots will help the blaster gain more accurate knowledge of the blastholes he is loading, which will likely improve the loading process and reduce the possibilities of incidents.

According to the proposed regulation, each mine operator shall maintain a plan to control the effects of blasting on adjacent areas. This plan shall be documented and made available for review by the division upon request. This proposed change will improve protection of areas adjacent to the blasting and may help in dealing with citizen complaints related to blasting. DMME reports that there are about 130 mineral mines in the Commonwealth that use explosives. These mineral mines will be required to develop such a plan, which will cause an estimated one-time cost of approximately $300 each on average.

Another proposed change relating to blasting requires that the electronic detonation systems be approved by the Director of the division and used according to manufacturer’s instruction. The electronic detonation system is a fairly new technology and is becoming more widespread due to improvement in blasting that they provide. This proposed requirement will assure that the types to be employed have been approved as safe.

DMME proposes to amend and strengthen sections regarding underground rescue and evacuation. As one of the proposed changes, telephones are required to be supplied in refuge areas, in addition to adequate air and water supplies, for improved communications during emergencies. According to DMME, currently there are only two underground mines in the Commonwealth, which shall comply with sections regarding underground rescue and evacuation. Neither of them is required to have refuge areas due to other sections of the regulations. And, both of the underground operators have spare telephone units that could be used in refuge areas when needed. Therefore, this proposed requirement will likely not cause any significant costs for these two underground mine operations. For future underground operations, DMME estimates that a new telephone supplied in refuge areas may cost approximately $300.

Another proposed change regarding underground rescue is that a written plan for the number, type, and location of self-rescue devices will be required and shall be sufficient for the number of people working underground and the possible hazards of the mine. And, the escape and evacuation plan shall include a plan for instruction of mine workers and rescue personnel, as well as a statement of the location and availability of mine rescue personnel and equipment. The mine maps shall include more information than currently required. These proposed changes regarding underground rescue and evacuation will likely increase worker safety and minimize the potential hazard in the mineral mines. DMME estimates that it will take the draftsman or engineer 5 to 10 minutes to add the locations onto the map. The other proposed requirements about the plans will cause minimal costs to the mine operators because they are currently addressed in the federal regulations (30 CFR Part 56 & 57). Adding these requirements to the existing regulation will make the regulation consistent with the federal regulations.

The proposed regulation will allow small mines employing fewer than 75 persons underground to request in writing and obtain approval from the director of DMME for an alternative mine rescue capability. Under the current regulation, smaller mines are required to have at least one person so trained for each 10 persons employed underground. This proposed change will provide small mines with flexibility in developing a mine rescue capability that is most suitable to their situation and will likely benefit these small mines.

DMME also proposes to add one section requiring that structures shall be of substantial construction and maintained in safe condition. “Substantial construction” means construction of such strength, material, and workmanship that the object will withstand all reasonable shock, wear, and usage to which it will be subjected. The current regulation has one section stating that machinery and equipment shall be maintained in accordance with manufacturer's specifications. DMME proposes to add a section about the structure to ensure that structures be in good condition.

Besides the above proposed changes, DMME will also make corrections and update references to the existing language to improve clarity of the regulation, which will reduce confusion and benefit the regulatory community.

Businesses and Entities Affected. According to DMME, there are approximately 440 mineral mines in the Commonwealth of Virginia. There are approximately 130 mineral mines that use explosives and two underground mines. People working or living near the mineral mines will benefit from the proposed regulation.

Localities Particularly Affected. The proposed regulations will affect all localities in the Commonwealth that have mineral mines. According to DMME, 91% of Virginia’s counties have mineral mines governed by these regulations.

Projected Impact on Employment. The proposed regulation will improve worker safety of the mineral mines and will likely have a positive impact on the number of people working in those mines. Some of the proposed changes may cause a few minutes’ extra work for the relevant persons.

Effects on the Use and Value of Private Property. The proposed regulation will improve safety of the mineral mines and will better protect the property on and around the mines, which may have a positive impact on the value of these properties. The proposed requirement of maintaining a plan to control the effects of blasting on adjacent areas will cause a one-time cost of approximately $300 to the mineral mines on average, which may have a slight negative impact on their profits and thus the value of their property.

Small Businesses: Costs and Other Effects. Small mineral mines that use explosives will likely incur an estimated one-time cost of approximately $300 each to maintain a plan to control the effects of blasting on adjacent areas. Allowing small mines with fewer than 75 persons underground to request and obtain approval for an alternative mine rescue capability will provide these mines with more flexibility in developing a mine rescue capability and will likely benefit these small mines. According to DMME, most of the 440 mineral mines are small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed regulation will improve worker safety and provide for better protection of persons and properties from the effects of mining. Small mineral mines will incur a one-time cost of $300 to maintain a plan to control the effects of blasting on adjacent areas. Small mines with fewer than 75 persons underground may benefit from more flexibility in developing a mine rescue capability. There is no alternative method that can achieve the same purpose with a lower adverse impact.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB’s best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of Mines, Minerals and Energy concurs with the economic impact analysis of the Department of Planning and Budget.

Summary:

As a result of a periodic review, the Department of Mines, Minerals and Energy (DMME) is amending 4VAC25-40, Safety and Health Regulations for Mineral Mining. The amendments improve this chapter by making technical corrections, clarifying unclear language, updating references, making the regulation internally consistent and consistent with the Code of Virginia, and strengthening certain provisions relating to mine safety. Sections to be strengthened relate to blasting, mine rescue, and construction and maintenance of mine structures.

EDITOR'S NOTICE: Also as a result of the periodic review, DMME is moving the designations for Articles 6 and 10 of Part XV such that they precede 4VAC25-40-3560 and 4VAC25-40-4070, respectively.

4VAC25-40-25. Purpose and authority.

The purpose of this chapter is to provide for the protection of persons and property on and around mineral mines. The chapter works with the Virginia Mineral Mine Safety Act (§ 45.1-161.292:1 et seq.) of the Code of Virginia (as shown in Mineral Mine Safety Laws of Virginia, 1997 2005 edition). Refer to the Act for other definitions and requirements related to this chapter.

4VAC25-40-90. Documents incorporated by reference.

A. 1996 Threshold Limit Values and Biological Exposure Indices published by the American Conference of Governmental Industrial Hygienists.

B. American Table of Distances, 1991 edition, published by the Institute of Makers of Explosives.

C. National Electrical Code, 1996 2008 edition, published by the National Fire Protection Association.

D. Virginia Department of Labor and Industry, Boiler and Pressure Vessel Safety Division, Boiler and Pressure Vessel Regulations, amended 1995 2007 by the Virginia Department of Labor and Industry.

E. Bureau of Mines Instruction Guide 19, Mine Emergency Training, U.S. Department of Labor, 1972 edition.

F. Blasting Guidance Manual, U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement, 1987 edition.

G. The American National Standard for Wire Rope for Miners, M11.1-1980, published by the American National Standards Institute.

H. Addresses for references may be obtained from the division.

4VAC25-40-120. When foreman required.

When three or more persons are working in a mine, a certified mine foreman shall be employed who shall ensure that all activities under the foreman's supervision are conducted in a safe manner in compliance with applicable laws and regulations adopted by the department. The director may designate an approved competent person to perform the duties of a certified surface mine foreman except for the preshift examination made at the beginning of each shift.

4VAC25-40-130. Examination by foreman.

The certified mine foreman shall examine active workings at the beginning of each shift. Any hazardous or unsafe condition shall be corrected prior to personnel starting work in the affected area. If the hazardous or unsafe condition cannot be corrected immediately, the affected area shall be barricaded and posted with warning signs. A documented record of the examination shall be made and shall include the date, areas examined, time work began in the area, and time of examination. A documented record of hazards found and corrective actions taken shall also be made. The records shall be signed or certified by the certified mine foreman making the examination. A record Records of the daily inspection examinations made at the beginning of each shift shall be kept for one year.

4VAC25-40-190. Compliance with regulations.

Mine employees Miners shall comply with all state safety and health regulations applicable to their task or duties.

4VAC25-40-260. Posting hazards.

Areas containing safety or health hazards that are not immediate immediately obvious to personnel shall be barricaded or posted with warning signs specifying the hazard and proper safety procedures.

4VAC25-40-350. Repairing machinery.

Repairs or maintenance shall not be performed on machinery until the power is off and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments. Energy sources, other than those related to electricity (which are covered under 4VAC25-40-2140 and 4VAC25-40-2150) or internal combustion (which are covered under 4VAC25-40-1685), which pose a hazard to miners, shall be tagged out and signed by marked by a means that identifies the individuals doing the work, and locked out if practical, by each authorized person exposed to the hazard. Tags or locks shall be removed only by the persons who installed them or by an authorized person, after ensuring that affected persons are in the clear.

4VAC25-40-365. Construction and maintenance of structures.

Structures shall be of substantial construction and maintained in safe condition.

4VAC25-40-410. Benches.

Benches shall be wide enough to allow safe operation and passage of equipment.

Part V
Air Quality and Physical Agents—Surface and Underground

4VAC25-40-720. Employee exposure limits to airborne contaminants.

With respect to airborne contaminants, the following shall apply:

1. Employees shall be withdrawn from areas where airborne contaminants given a "C" designation in Threshold Limit Values and Biological Exposure Indices are present in concentrations that exceed specified TLVs.

2. Control of employee exposure to harmful airborne contaminants shall be by feasible engineering control methods. If such control measures are not available, an approved program of controlling employee exposure to airborne contaminants shall be implemented by the operator. Miners exposed for short periods to gas, dust, fumes and mist-inhalation hazards shall wear permissible acceptable respiratory equipment appropriate for the hazard. When the exposure is for prolonged periods, other measures to protect workers or to reduce the hazard shall be taken.

Part VI
Explosives—Surface and Underground

4VAC25-40-780. Storage of explosive materials.

A. Detonators and explosives, other than blasting agents, shall be stored in magazines accepted by the Institute of Makers of Explosives or other approved agency.

B. Detonators shall not be stored in the same magazine with explosives.

C. Explosives magazines shall be:

1. Located in accordance with the American Table of Distances;

2. Detached structures located away from power lines, fuel storage areas, and other possible sources of fire;

3. Constructed substantially Of substantial construction and constructed of noncombustible material or covered with fire-resistant material;

4. Reasonably bullet resistant;

5. Electrically bonded and grounded if constructed of metal;

6. Made of nonsparking material on the inside, including floors;

7. Provided with adequate and effectively screened ventilation openings near the floor and ceiling;

8. Kept locked securely when unattended;

9. Posted with suitable danger signs so located that a bullet passing through the sign will not strike the magazine;

10. Used exclusively for storage of explosives or detonators and blasting-related materials;

11. Kept clean and dry in the interior and in good repair;

12. Unheated, unless heated in a manner that does not create a fire or explosion hazard. Electrical heating devices shall not be used inside a magazine; and

13. Located at least 300 feet away from any underground mine opening, occupied building, public road, or private road not used in connection with the mine.

D. An accurate inventory log of explosives stored in the magazine shall be maintained on site.

E. Any theft or unaccounted loss of explosives shall be reported immediately by telephone to local police, state police, the U.S. Department of Treasury Justice, Bureau of Alcohol, Tobacco and, Firearms, and Explosives and the Division of Mineral Mining.

F. Smoking or open flames shall be prohibited within 50 feet of explosives magazines or blasting agents storage facilities.

G. Areas surrounding magazines and facilities for the storage of blasting agents shall be kept clear of combustible materials, except live trees over 10 feet tall, for a distance of 50 feet in all directions.

H. Prior to repairs of a magazine which may cause a fire or explosion, the contents shall be removed to a safe location and guarded.

I. Explosives stored in magazines shall be:

1. Arranged so that the oldest stock is used first;

2. Separated by brand and type;

3. Stored with their top sides up; and

4. Stacked in a stable manner not over eight feet high.

J. When stored with other explosives, ammonium nitrate fuel oil blasting agents shall be physically separated to prevent contamination.

K. Damaged or deteriorated explosives and blasting agents shall be destroyed in a safe manner by a certified blaster.

4VAC25-40-800. Use of explosives.

A. A certified blaster shall be in direct charge of blasting activities.

B. Persons who assist in blasting activities shall be under the direct supervision of the certified blaster in charge and shall be alerted to the hazards involved.

C. Black powder or safety fuse shall not be used without approval from the director. Special approvals shall specify use restrictions and procedures necessary for safe storage, transportation, and use.

D. The design and loading of a blast shall provide sufficient burden, spacing, and stemming to prevent flyrock or other dangerous effects. Flyrock incidents shall be reported to the division immediately and details noted in the blast record.

E. Boreholes shall not be drilled where there is a danger of intersecting a loaded or misfired hole.

F. No person shall smoke or use an open flame within 50 feet of explosives or detonators.

G. Prior to bringing explosives and detonators to the blast site, the certified blaster in charge shall:

1. Weather Monitor weather conditions shall be monitored to ensure safe loading and firing;

2. The Inspect the blast site shall be inspected for hazards;

3. The Inspect and clear the boreholes shall be inspected and cleared of obstructions; and

4. Personnel Remove personnel and equipment, except those used in loading the shot, shall be removed from the blast site.

H. The certified blaster in charge shall review the drill logs to determine specific downhole conditions prior to loading the shot.

H. I. Boreholes to be blasted shall be loaded as near to the blasting time as practical. Loaded shots shall be blasted as soon as possible upon completion of loading and connection to the initiation device. Surface blasting shall be conducted during daylight hours only.

I. J. Explosives shall be kept a safe distance from detonators until they are made into a primer.

J. K. Primers shall not be made up or assembled in advance of the borehole being loaded.

K. L. Only wooden or other nonsparking implements shall be used to punch holes in an explosive cartridge.

L. M. Detonators shall be inserted completely and securely into explosive cartridges used as primers. Priming shall be sufficient to detonate the explosive column in the borehole.

M. N. Primers shall be inserted into the borehole slowly to prevent accidental detonation from impact, and tamping shall not be done directly on the primer.

N. O. Tamping poles shall be constructed of wood and/or nonsparking materials.

O. P. Unused explosives, detonators, and blasting agents shall be returned to the magazine or storage facility upon completion of loading activities and prior to firing the blast.

P. Q. Equipment and machinery used to load or stem boreholes shall not be operated over loaded boreholes for any reason. Areas containing loaded boreholes shall be guarded or barricaded and posted to prevent unauthorized entry.

Q. R. Blast warning signals shall be established and posted at the mine. Audible warning signals shall be given prior to firing a blast.

R. S. All personnel shall be removed from the blast area prior to connection to the initiation device and the firing of a blast.

S. T. Blasting personnel shall fire shots from a safe location.

T. U. A post-blast examination of the blast area shall be made by the certified blaster in charge. Other personnel shall not return to the blasting area until an all clear signal is received from the certified blaster in charge.

4VAC25-40-810. Recordkeeping.

A detailed record of each surface blast shall be prepared immediately by the certified blaster. Records shall be maintained for three years and subject to inspection by the division mine inspectors. Records shall contain the following information:

1. Name of company or contractor;

2. Location, date, and time of blast;

3. Name, signature, and certification number of the certified blaster in charge;

4. Type of material blasted;

5. Number of holes, and burden and spacing for each hole;

6. Diameter, depth and condition Drill logs of boreholes as required by 4VAC25-40-1095;

7. Types of explosives used;

8. Total amount of explosives used;

9. Maximum amount of explosives per delay period of eight milliseconds or greater;

10. Method of firing and type of circuit;

11. Direction and distance in feet to nearest dwelling house, public building, school, church, commercial or institutional building neither owned nor leased by the person conducting the blasting;

12. Weather conditions (including such factors as wind directions, etc.);

13. Height or length of stemming;

14. Whether mats or other protections were used;

15. Type of detonators used and delay periods used timing of detonation for each detonator used;

16. The person taking the seismograph reading shall accurately indicate exact location of seismograph, if used, and shall also show the distance of seismograph from blast;

17. Seismograph records, including seismograph readings, where required:

a. Name and signature of person operating seismograph;

b. Name of person analyzing the seismograph record; and

c. Seismograph reading; and

18. Maximum number of holes per delay period of eight milliseconds or greater; and

19. All anomalies or abnormalities occurring during the execution of the blast and actions taken to correct or address them.

4VAC25-40-880. Ground vibration from blasting.

A. Ground vibration, measured as peak particle velocity resulting from blasting, shall not exceed the limits set forth below at any inhabited building not owned or leased by the operator, without approval of the director. A seismographic record shall be provided for each blast.

Distance (D) to nearest inhabited building, feet	Peak Particle Velocity, inches per second	Ds (when not using a seismograph)
0 - 300	1.25	50
301 - 5,000	1.00	55
5,001 and beyond	0.75	65

B. If seismic Seismic monitoring of each blast is not shall be conducted, blasting shall be in accordance unless the scaled distance, Ds, as calculated with the following scaled distance formulas, is 90 or greater:

W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more.

D = Distance in feet from the blast site to the nearest inhabited building not owned or leased by the mine operator.

Ds = Scaled distance factor shown in table in subsection A of this section.

C. The operator may use the alternative ground vibration limits shown below to determine the maximum allowable ground vibration. If these limits are used, a seismographic record including both particle velocity and vibration frequency levels shall be kept for each blast. Ground vibration levels and airblast levels are taken from the Blasting Guidance Manual.

4VAC25-40-890. Airblast Air overpressure limits.

Airblast A. Air overpressure resulting from surface blasting shall not exceed 129 133 decibels, as measured with a 2Hz or lower flat response microphone, at any private inhabited building not owned or leased by the operator unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used.

Lower Frequency Limit of Measuring System, in Hz	Max. Level in dB (3dB)
1 Hz or lower--flat response*	134 peak
2 Hz or lower--flat response	133 peak
6 Hz or lower--flat response	129 peak
C-weighted slow response	105 peak dBC

*Only when approved by the director.

4VAC25-40-893. Action plans.

Each operator shall maintain a plan to control the effects of blasting on areas adjacent to the operation. This plan will be documented and made available for review by the Division of Mineral Mining upon request.

4VAC25-40-925. Electronic detonators.

Electronic detonation systems shall be approved by the director as providing performance equivalent to that required in 4VAC25-40-920, and shall be used in accordance with the manufacturer's instructions.

4VAC25-40-1095. Drill logs required for boreholes intended for blasting.

For each borehole intended for blasting, the driller shall produce a drill log as each hole is being drilled. The drill log shall include, at minimum, the name of the driller, borehole diameter, borehole depth, depth of broken material at the collar, and other geological conditions (for example, cracks, seams, voids, mud, or any other anomalies that could affect the blast) encountered during drilling. A signed copy of the drill log shall be provided to the mine operator and a copy shall be included in the record of the blast.

4VAC25-40-1600. Avoiding loaders mobile equipment in operation.

Persons shall remain clear of mobile equipment in operation and shall not work or pass under the buckets or booms of loaders equipment in operation.

4VAC25-40-2790. Inspection of work area.

Miners shall examine and test, where possible, the back, face, and ribs of their working areas, visually and by sounding, at the beginning of each shift and frequently thereafter. Competent persons shall examine the ground conditions during daily visits to ensure that proper testing and ground control practices are being followed. Loose ground shall be taken down or adequately supported before any other work is done. Ground conditions along haulageways and travelways shall be examined periodically and scaled or supported as necessary.

4VAC25-40-2800. Scaling bar to be provided.

A scaling bar of proper length and blunt on one end design shall be provided where manual scaling may be required. Picks or other short tools shall not be used for scaling when this use places the user in danger of from falling material.

4VAC25-40-2980. Open flame restrictions.

Fires shall not be built underground; open flame torches and candles shall not be left underground shall be attended at all times while lit.

4VAC25-40-3050. Mine rescue stations. (Repealed.)

A mine rescue station equipped with at least 10 sets of approved and properly maintained two-hour, self-contained, breathing apparatus, adequate supplies, and spare parts shall be maintained at mines employing 75 or more persons underground or, in lieu thereof, the mine shall be affiliated with a central mine rescue station.

4VAC25-40-3060. Central or cooperative stations. (Repealed.)

Mines at which individual mine rescue stations are not maintained shall affiliate with central or cooperative mine rescue stations.

4VAC25-40-3070. Rescue apparatus. (Repealed.)

Mine rescue apparatus acceptable to the MSHA or other approved agency shall be properly maintained for immediate use. The equipment shall be tested at least once a month and records kept of the test.

4VAC25-40-3080. Rescue crews to be provided. (Repealed.)

At any mine employing 75 or more persons underground, at least two rescue crews (10 persons) shall be trained at least annually in the use, care, and limitations of self-contained breathing and firefighting apparatus and in mine rescue procedures. Smaller mines shall have at least one person so trained for each 10 persons employed underground. These persons shall complete, at minimum, an approved course of instruction as prescribed by MSHA's Office of Educational Policy and Development in the use, care, and maintenance of the type of breathing apparatus which will be used by the mine rescue team. The instruction shall be given by division personnel or by persons approved to give such instruction.

4VAC25-40-3090. Rescue crew personnel. (Repealed.)

Rescue crews shall include supervisory and key personnel familiar with all mine installations that could prove vital to firefighting and rescue operations.

4VAC25-40-3110. Mine evacuation drills. (Repealed.)

Mine evacuation drills shall be held for each shift once every six months. These evacuation drills shall involve all employees each shift and shall include:

1. Activation of the fire alarm system; and

2. Evacuation of all persons from their work areas to the surface or to designated central evacuation points at some time other than a shift change.

Records of such drills, showing the time and date, shall be kept for at least two years after each drill.

4VAC25-40-3120. Instruction in escape plans. (Repealed.)

All employees involved in the escape and evacuation plan for an underground operation shall be instructed at least once each calendar year on current escape and evacuation plans, fire alarm signals, and applicable procedures to be followed in case of fire or other emergency. New employees shall receive such instructions before going underground. Whenever an employee is assigned to work in another area of the mine, he shall be instructed on the escapeway for that area at the time of such assignment. However, employees who normally work in more than one area of the mine shall be instructed at least once each calendar year in the location of escapeways for all areas of the mine in which they normally work or travel. Whenever a change is made in escape and evacuation plans and procedures for any area of the mine, all affected employees shall be instructed of such change. Records of instruction shall be kept for two years.

4VAC25-40-3800. Steep Fixed ladders.

Ladders with an inclination of more than 70° off the horizontal shall be offset and have landing gates, backguards or substantial landings at least every 30 feet. Fixed ladders shall be equipped with backguards starting at a point not more than seven feet from the bottom of the ladder meet the requirements of 4VAC25-40-1990 and 4VAC25-40-2000.

4VAC25-40-3830. Refuge areas.

Refuge areas shall be:

1. Of fire-resistant construction, preferably in untimbered areas of the mine;

2. Large enough to accommodate readily the normal number of persons in the particular area of the mine;

3. Constructed so they can be made gas-tight; and

4. Provided with compressed air lines, waterlines telephones, adequate air and water supplies, suitable hand tools, and stopping materials.

4VAC25-40-3840. Development of escape and evacuation plan.

A specific escape and evacuation plan, and revisions thereof, suitable to the conditions and mining system of the mine and showing assigned responsibilities of all key personnel in the event of an emergency shall be developed by the operator and set out in written form. A copy of the plan and revisions thereof shall be available to the director or an authorized representative, and any affiliated mine rescue teams. Also copies of the plans and revisions thereof shall be posted at locations convenient to all persons on the surface and underground. Such a plan shall be updated as necessary and shall be reviewed jointly by the operator and the director or his authorized representative at least once every six months from the date of the last review. The plan shall include:

1. Mine maps or diagrams showing all underground workings, locations of surface and underground ventilation fans and ventilation controls, directions of principal air flow, locations of refuge chambers, locations of first aid supplies and firefighting equipment, locations of main electrical installations and disconnects, locations of surface and underground fuel storage, locations of surface and underground facilities to store explosives and detonators, location of escape routes and locations of existing telephones or other voice communication devices (see 4VAC25-40-3120 and 4VAC25-40-3850);

2. A plan for fire prevention, warning, emergency evacuation, firefighting plan and emergency medical assistance;

3. Surface procedure to follow in an emergency, including the notification of proper authorities and preparing rescue equipment and other equipment which may be used in rescue and recovery operations; and

4. A statement of the location and availability of mine rescue personnel and equipment;

5. A plan for instruction of mine workers and rescue personnel; and

4. 6. A statement of the availability of emergency communication and communications, transportation facilities, emergency power and ventilation and location of rescue personnel and equipment.

4VAC25-40-3990. Self-rescue devices to be made available requirements.

A Each mine having underground workings shall submit to the Division a plan for the number, type, and location(s) of self-rescue devices sufficient for the number of persons working underground and the hazards particular to the underground workings of the mine. At a minimum, a one hour filter self-rescue device approved by the MSHA shall be made available by the operator to all personnel underground. The filter self-rescue devices shall be maintained in a good condition by a daily visual check and weighing of the devices every six months, with maintenance records kept.

Article 9
Safety Program

4VAC25-40-4060. Mine emergency and self-rescue training.

A. On an annual basis all persons who are required to go underground shall be instructed in an approved course contained in applicable sections of the Bureau of Mines Instruction Guide 19, Mine Emergency Training.

B. On an annual basis all persons who are required to go underground shall be instructed in the use of the individual self-rescuer self-rescue device provided to them. The instruction shall be given by division personnel or by persons who are approved by the MSHA to give such instructions; provided, however, that if a division instructor or an approved instructor is not immediately available, such instruction of new employees in self-rescuers may be conducted by competent persons a competent person using a training model of the same type as the self-rescue device provided to the employee.

4VAC25-40-4061. Mine rescue stations.

Mines employing 75 or more persons underground shall either:

1. Maintain a mine rescue station equipped with at least 10 self-contained oxygen breathing apparatus, each with a minimum of two hours capacity, along with adequate supplies and spare parts; or

2. Affiliate with central or cooperative mine rescue stations that can provide two fully equipped mine rescue teams in the event of an emergency. Such affiliations shall be in writing and must be approved annually by the director.

4VAC25-40-4062. Rescue apparatus.

Mine rescue apparatus shall be acceptable to the MSHA or other approved agency and shall be properly maintained for immediate use. The equipment shall be tested at least once a month and records kept of the tests for at least one year.

4VAC25-40-4063. Rescue crews to be provided.

At any mine employing 75 or more persons underground, at least two rescue crews of five persons each shall be trained at least annually in the use, care, and limitations of self-contained oxygen breathing and firefighting apparatus and in mine rescue procedures. The training shall be given by division personnel or by persons approved to give such instruction. Rescue crews shall include supervisory and key personnel familiar with all mine installations that could prove vital to firefighting and rescue operations.

4VAC25-40-4064. Alternative mine rescue capability.

Mines employing fewer than 75 persons underground shall maintain mine rescue capabilities as described in 4VAC25-40-4061 through 4VAC25-40-4063, or the operator may request in writing and obtain approval from the director for an alternative mine rescue capability. Such alternative mine rescue plans shall be subject to annual review and approval.

4VAC25-40-4065. Mine evacuation drills.

Mine evacuation drills shall be held for each shift once every six months. These evacuation drills shall involve all employees each shift and shall include:

1. Activation of the fire alarm system; and

2. Evacuation of all persons from their work areas to the surface or to designated central evacuation points at some time other than a shift change.

Records of such drills, showing the time and date, shall be kept for at least two years after each drill.

4VAC25-40-4066. Instruction in escape plans.

All persons who work underground shall be instructed at least once each calendar year on current escape and evacuation plans, fire alarm signals, and applicable procedures to be followed in case of fire or other emergency. New employees shall receive such instructions before going underground. Whenever an employee is assigned to work in another area of the mine, he shall be instructed on the escapeway for that area at the time of such assignment. However, employees who normally work in more than one area of the mine shall be instructed at least once each calendar year in the location of escapeways for all areas of the mine in which they normally work or travel. Whenever a change is made in escape and evacuation plans and procedures for any area of the mine, all affected employees shall be instructed of such change. Records of instruction shall be kept for two years.

4VAC25-40-4240. Installation of wire ropes.

At installation, the nominal strength (manufacturer's published catalog strength) of wire ropes used for hoisting shall meet the minimum rope strength values obtained by the following formulas in which "L" equals the maximum suspended rope length in feet:

1. Winding drum ropes (all constructions, including rotation resistant):

For rope lengths less than 3,000 feet:

Minimum Value = Static Load X (7.0 - 0.001L)

For rope lengths 3,000 feet or greater:

Minimum Value = Static Load X 4.0

2. Friction drum ropes:

For rope lengths less than 4,000 feet:

Minimum Value = Static Load X (7.0 - 0.005L) (7.0 - 0.0005L)

For rope lengths 4,000 feet or greater:

Minimum Value = Static Load X 5.0

3. Tall Tail ropes (balance ropes):

Minimum Value = Weight of Rope X 7.0

4VAC25-40-4260. Wire rope examination.

A. Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.

B. At least once every 14 calendar days, each wire rope in service shall be visually examined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change of layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be examined on a daily basis.

C. Before any person is hoisted with a newly installed wire rope or any wire rope that has not been examined in the previous 14 calendar days, the wire rope shall be examined in accordance with subsection B of this section.

D. At least once every six months, nondestructive tests shall be conducted of the active length of the rope, or rope diameter measurements shall be made:

1. Wherever wear is evident;

2. Where the hoist rope rests on sheaves at regular stopping points; and

3. Where the hoist rope leaves the drum at regular stopping points and at drum crossover and change of layer regions.

E. At the completion of each examination required by subsections B, C and D of this section, the person making the examination shall certify by signature and date that the examination has been made. If any condition listed in subsection D B of this section is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one year.

F. The person making the measurements or nondestructive tests as required by subsection D of this section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.

4VAC25-40-4400. Specifications for buckets used to hoist persons.

Buckets used to hoist persons during shaft sinking operations shall be provided with adequate guide ropes and shall have crossheads equipped with safety catches and protective bonnets when the shaft depth exceeds 50 feet.

VA.R. Doc. No. R08-944; Filed October 7, 2008, 9:39 a.m.