View Rule

Statement of Need: Section 4 of the MINER Act requires that the Secretary of Labor finalize mandatory health and safety standards relating to mine rescue teams in underground coal mines no later than December 15, 2007. Current standards require properly trained mine rescue teams to be immediately available to assist in rescue of miners during mine emergencies. In almost all cases, because of the inherent dangers of roof or rib falls, fires, explosions, and gas or water inundations in underground coal mining, local fire and rescue personnel are not qualified for rescue operations in underground coal mines. Unqualified rescuers can pose an even graver danger to themselves and other rescuers. The increased mechanization of underground coal mining, the reductions in hiring, and the rising cost of training mine rescue teams have resulted in a wide variety of alternative arrangements, especially for small mine operators. The MINER Act requires team members to have underground coal mining experience and instruction in specific topics, and requires teams to participate in mine rescue contests and to periodically renew their qualifications. The MINER Act also provides mine operators options for using multi-employer teams, State-sponsored teams, and commercial teams to ensure the availability of qualified mine rescue teams.

Summary of the Legal Basis: Promulgation of this regulation is authorized by the Federal Mine Safety and Health Act of 1977 and the MINER Act of 2006.

Alternatives: MSHA is considering amendments, revisions, and additions to existing standards to implement the provisions of the MINER Act.

Anticipated Costs and Benefits: MSHA will develop a preliminary regulatory economic analysis to accompany any proposed rule that may be developed.

Risks: The two mine explosions at the Sago Mine in January, 2006 and the Darby No. 1 Mine in May, 2006 resulted in the deaths of 17 underground coal miners. Explosions, fires, and the migration of potentially explosive methane-air mixtures from worked out areas to the working areas of an underground coal mine endanger all miners who work in the mine, including potential rescuers.