Surface openings; escape shafts; escapeways; escape facilities;
criteria for approval; examination; good housekeeping
Sec. 4. (A) Every underground mine shall have at least two (2)
separate surface openings except as provided for in subsections (E)
and (F) of this section.
(B) The distance between shafts at any mine opened after March
8, 1955, shall be not less than one hundred fifty (150) feet, and the
distance between drift or slope openings at such mines shall be not
less than fifty (50) feet.
(C) New shafts and partitions therein, made after March 8, 1955,
shall be fireproof; however, buntons and guides may be of wood.
(D) Mine openings shall have adequate protection against surface
fires, fumes, smoke, and water from floods entering the mine.
(E) Not more than twenty (20) persons shall be allowed at any one
time in any mine until a connection has been made between the two
(2) mine openings, and such work shall be prosecuted with
reasonable diligence.
(F) When only one (1) main opening is available, owing to final
mining of pillars, not more than twenty (20) persons shall be allowed
in such mine at any one time; however, the distance between the
mine openings and workings shall not exceed five hundred (500)
feet.
(G) Except as provided in subsection (F), at least two (2) separate
and distinct travelable passageways, to be designated as escapeways,
shall be maintained to insure passage at all times for any person,
including disabled persons, from each working section continuous to
the surface escape drift opening, or continuous to the escape shaft or
slope facilities to the surface, as appropriate, and shall be maintained
in safe condition and properly marked. At least one (1) of the
escapeways shall be ventilated with intake air.
Mine openings shall be adequately protected to prevent the
entrance into the underground area of the mine of surface fires,
fumes, smoke, and floodwater. Escape facilities approved by the
director or his authorized representative, properly maintained and
frequently tested, shall be present at or in each escape shaft or slope
to allow all persons, including disabled persons, to escape quickly to
the surface in the event of an emergency.
(H) The director shall be guided by the following criteria for
approving escapeways and escape facilities. Escapeways and escape
facilities that do not meet these criteria may be approved providing
the operator can satisfy the director that such escapeways and
facilities will enable miners to escape quickly to the surface in the
event of an emergency.
(1) Except in situations where the height of the coalbed is less
than five (5) feet, escapeways should be maintained at a height
of at least five (5) feet (excluding necessary roof support) and
the travelway in such escapeway should be maintained at a
width of at least six (6) feet. In those situations where the height
of the coalbed is less than five (5) feet, the escapeway should be
maintained to the height of the coalbed (excluding any
necessary roof support) and the travelway in such escapeways
should be maintained at a width of at least six (6) feet.
(2) Each escape shaft which is more than twenty (20) feet deep
shall include elevators, hoists, cranes, or other such equipment
which shall be equipped with cages and buckets. When such
facilities are not automatically operated, an attendant shall be
on duty during any coal-producing or maintenance shift. An
"attendant", as used in this subsection, means a person who is
located on the surface in a position where it is possible to hear
or see a signal calling for the use of such facilities and who is
readily available to operate such facilities or to readily obtain
another person to operate such facilities.
(3) Stairways shall be installed in all escape shafts which are
twenty (20) feet or less in depth; however, in shafts five (5) feet
or less in depth, ladders may be substituted for stairways.
Stairways and ladders shall be installed and maintained as
follows:
(i) Stairways shall be of substantial construction, set on an
angle not greater than forty-five degrees (45°) with the
horizontal and equipped on the open side with suitable
handrails. Where landing platforms are necessary, they shall be
at least two (2) feet wide and four (4) feet long and properly
railed.
(ii) Ladders shall be anchored securely, set on an angle of not
more than sixty degrees (60 degrees) and be substantially
constructed and maintained in good condition.
(I) In mines and working sections opened after August 31, 1979,
all travelable passageways designated as escapeways in accordance
with subsection (G) shall be located to follow, as approved by an
authorized representative of the director, the safest direct practical
route to the nearest mine opening suitable for the safe evacuation of
miners. Escapeways from working sections may be located through
existing entries, rooms, or crosscuts.
(J) In mines and working sections in existence before September
1, 1979, all travelable passageways designated as escapeways in
accordance with subsection (G) shall, no later than March 1, 1980,
be located to follow, as approved by an authorized representative of
the director, the safest, direct practical route to the nearest mine
opening suitable for the safe evacuation of miners. Escapeways from
working sections may be located through existing entries, rooms, and
crosscuts.
(K) All escapeways shall be examined in their entirety at least
once each week by a certified person. Such weekly examination need
not be made during any week in which the mine is idle for the entire
week, except that such examination shall be made before any miner
other than the certified person returns to the mine. The phrase "once
each week" shall mean at intervals not exceeding seven (7) days.
(L) The certified person making such examination shall place his
initials, the date, and time at various locations along the passageways
and, if any hazardous conditions are found, such conditions shall be
reported promptly to the operator. The results of the examinations
shall be recorded in a book kept at the bathhouse and open to
examination by all employees and interested persons relating to the
examination of emergency escapeways. Any hazardous conditions
observed shall be corrected immediately.
(M) A map of the mine, showing the main escape system, shall be
posted at a location where all miners can acquaint themselves with
the main escape system. A map, showing the designated escapeways
from the working section to the main escape system, shall be posted
in each working section, in order that the miners in the section can
acquaint themselves with the designated escapeways from the section
to the main escape systems. All maps shall be kept up to date, and
changes in routes of travel, location of doors, or direction of airflow
shall be promptly shown on the maps when the changes are made and
shall be promptly brought to the attention of all miners.
(N) Good housekeeping shall be practiced underground.
(Formerly: Acts 1955, c.168, s.87.) As amended by Acts 1979,
P.L.231, SEC.23.
Last modified: May 27, 2006