Chapter 1501:10-1 Division of Mines and Reclamation-Mine Safety-Accident Reports; Investigations

1501:10-1-01 Definitions.

As used in Chapters 1501:10-1 and 1501:10-2 of the Administrative Code:

(A) "Chief" means the chief of the division of mineral resources management of the Ohio department of natural resources.

(B) "MSHA" means the mine safety and health administration in the United States department of labor.

Effective: 11/03/2011
R.C. 119.032 review dates: 10/24/2016
Promulgated Under: 119.03
Statutory Authority: 1561.03
Rule Amplifies: 1561.03

1501:10-1-02 Fire detection devices.

This rule applies to operators of underground coal mines that use conveyor belts in the operation of the mine.

(A) The operator shall install fire detection devices on each conveyor belt that is used in the mine. The design, type, number, installation and use of fire detection devices shall provide for the earliest possible detection of a fire and shall meet the requirements of 30 C.F.R. 75.1103-1 to 30 C.F.R. 30 C.F.R. 75.1103 -8.

(B) The operator shall follow a procedure that meets the requirements of 30 C.F.R. 75.1103-8 for the inspection of the fire detection devices installed on each conveyor belt.

(C) Initial approval of fire detection devices.

(1) Existing underground coal operators. Within thirty days of the effective date of this rule, each existing underground coal operator shall submit a letter to the chief notifying the chief that the mine's fire detection devices have been installed in compliance with 30 C.F.R. 75.1103-1 to 30 C.F.R. 30 C.F.R. 75.1103 -8. The chief shall inspect the fire detection devices, approve or disapprove the installation of the fire detection devices, and notify the operator of the chief's decision.

(2) New underground coal operators. A new underground coal operator shall submit to the chief a plan for fire detection devices that meets the requirements of this rule. After the operator has installed the fire detection devices, he or she shall submit a letter to the chief notifying the chief that the mine's fire detection devices have been installed in compliance with 30 C.F.R. 75.1103-1 to 30 C.F.R. 30 C.F.R. 75.1103 -8. The chief shall inspect the fire detection devices, approve or disapprove the installation of the fire detection devices, and notify the operator of the chief's decision.

(D) Modifications to fire detection devices. When an operator submits a proposed revision or modification to a mine's fire detection devices to MSHA for approval, the operator shall at the same time submit this proposed revision or modification to the chief for approval. The chief shall review the proposed revision or modification, approve or disapprove it, and notify the operator of the chief's decision.

Effective: 11/17/2012
R.C. 119.032 review dates: 11/07/2017
Promulgated Under: 119.03
Statutory Authority: 1561.03 , 1561.05 , 1567.681
Rule Amplifies: 1567.681

1501:10-1-03 Tag lines and tie-off lines.

(A) "Tag line" and "tie-off line" mean a durable rope or tether, or equivalent material, that allows members of a mine crew to link together while evacuating the mine during an emergency.

(B) A tag line or tie-off line is acceptable when it allows all members of a mine crew to physically link together while evacuating the mine during an emergency.

(C) The operator of an underground coal mine shall have, for each miner at the mine, tag lines or tie-off lines stored and available for emergency use and escape. The operator shall provide and employees of the mine shall use tag lines or tie-off lines in accordance with the requirements and procedures established in this rule. The operator shall provide and store tag lines and tie-off lines in accordance with the requirements of 30 C.F.R. 75.1714-6 and paragraphs (a)(1) and (b) of 30 C.F.R. 75.1714-4 .

(D) Inspection and approval of the use of tag lines and tie-off lines in a mine. As part of the regular quarterly inspection of a mine pursuant to section 1561.31 of the Revised Code, a deputy mine inspector shall inspect tag lines and tie-off lines to verify that they meet the requirements of this rule and section 1567.64 of the Revised Code.

Effective: 11/17/2012
R.C. 119.032 review dates: 11/07/2017
Promulgated Under: 119.03
Statutory Authority: 1561.03 , 1561.05 , 1567.64
Rule Amplifies: 1567.64

1501:10-1-04 Mine medical responder.

(A) Training requirements. A mine medical responder, as defined in section 1565.15 of the Revised Code, shall be trained and certified in accordance with this rule. Mine medical responder training shall include all of the following:

(1) An initial mine medical responder training course of a minimum of eighty-three hours, taught by a mine medical responder certification instructor. The training course shall be developed by the mine safety program of the division of mineral resources management and approved by the chief and shall include a course agenda and material that specifically focus on treating injuries and illnesses associated with underground coal mining;

(2) A final examination, developed by the mine safety program of the division of mineral resources management and approved by the chief, taken at the completion of the initial training course, that directly measures the skills, abilities and learned proficiencies of the student. Part of this examination shall be written; part shall be verbal and hands-on, during which the student shall exhibit acquired skills and proficiencies for the treatment of injured miners including splinting, bandaging, control of bleeding and preparation for transport;

(3) A mine medical responder refresher training course of a minimum of sixteen hours every two years following initial certification as a mine medical responder, taught by a mine medical responder certification instructor. The training course shall be developed by the mine safety program of the division of mineral resources management and approved by the chief and shall include a course agenda and material that specifically focus on treating injuries and illnesses associated with underground coal mining; and

(4) Any other requirements, criteria or procedures that the chief determines are necessary regarding the training, examination, and refresher training of mine medical responders.

(B) Eligibility requirements for mine medical responder.

(1) Persons with a current EMT certificate.

(a) An EMT-basic or an EMT-I, as defined in section 1565.15 of the Revised Code, whose certification is current shall automatically receive the mine medical responder certification upon submission to the chief of an application for certification and presentation of his or her current EMT certificate. An EMT-basic or an EMT-I from a state other than Ohio shall also submit to the chief a letter from the certifying authority stating that the applicant's EMT certification is current and in good standing in that state.

(b) An EMT-basic or an EMT-I who automatically receives the mine medical responder certification under paragraph (B)(1)(a) of this rule and who does not renew his or her EMT-basic or EMT-I certificate pursuant to rule 4765-8-04 of the Administrative Code shall continue to meet the requirements of a mine medical responder provided he or she applies for and successfully completes the mine medical responder refresher training course described in paragraph (A)(3) of this rule during the same calendar year as the date of the expiration of his or her EMT-basic or EMT-I certificate. This person shall attend the entire mine medical responder refresher training course in order to successfully complete it.

(2) Persons applying for initial mine medical responder training and certification. A person who applies for initial training, examination, and certification as a mine medical responder shall:

(a) Be able to read and write the English language; and

(b) Show proof of successful completion of new miner training, which shall include all parts of the new miner training required under 30 C.F.R. 48.5 with the exception of the approximately eight hours of training that shall be given at the minesite as required under paragraph (a) of 30 C.F.R. 48.5 .

(C) Fees for initial training, examination, and refresher training.

(1) An applicant for initial training as a mine medical responder shall pay a non-refundable fee of two hundred fifty dollars, submitted on the first day of the initial mine medical responder training course.

(2) An applicant for the mine medical responder final examination shall pay a non-refundable fee of two hundred fifty dollars, submitted at the time the examination is taken.

(3) An applicant applying to retake part or all of the final examination shall pay a non-refundable fee of fifty dollars, submitted at the time the examination is retaken.

(4) An applicant for mine medical responder refresher training shall pay a non-refundable fee of one hundred dollars, submitted on the first day of the mine medical responder refresher training course.

(5) The fee shall not be refunded if the applicant does not successfully complete the mine medical responder training course, examination, or refresher training course.

(6) Fees collected under paragraph (C) of this rule shall be paid into the state treasury to the credit of the mining regulation fund created in section 1561.48 of the Revised Code.

(D) Certification.

(1) The chief shall issue a mine medical responder certificate to each applicant for mine medical responder certification who successfully completes the initial mine medical responder training course under paragraph (A)(1) of this rule and passes the final examination of paragraph (A)(2) of this rule.

(a) The applicant shall attend all parts of the training course in order to successfully complete it.

(b) The applicant shall attain a grade of eighty per cent or higher on each part of the examination to pass.

(c) An applicant not attaining a passing grade on one part of the examination may apply to retake that part only. An applicant not attaining a passing grade on two or more parts of the examination shall wait at least thirty days and may then apply to retake the entire examination. The chief shall allow an applicant to retake the examination only one time.

(d) An applicant who fails to pass the examination after retaking all or part of it shall not be certified unless he or she again successfully completes the initial mine medical responder training course of paragraph (A)(1) of this rule and then passes the final examination of paragraph (A)(2) of this rule.

(2) Certification shall expire two years after the date of issuance unless the mine medical responder applies for and successfully completes the mine medical responder refresher training course described in paragraph (A)(3) of this rule during the same calendar year as the date of expiration of the certification. The mine medical responder shall attend the entire refresher training course in order to successfully complete it. The mine safety program of the division of mineral resources management shall establish a regular schedule for mine medical responder refresher training.

(3) A person who allows his or her mine medical responder certification to expire may apply to the chief for recertification, including with the application a detailed explanation of why the certification was not renewed on time. The chief shall review such an application on a case-by-case basis and shall determine whether the person may be recertified by successfully completing the mine medical responder refresher training course of paragraph (A)(3) of this rule or by successfully completing the initial mine medical responder training course and passing the final examination of paragraphs (A)(1) and (A)(2) of this rule.

(E) Credentials for mine medical responder certification instructors. A mine medical responder certification instructor shall be:

(1) An employee of the division of mineral resources management who is an EMT-basic or an EMT-I, as defined in section 1565.15 of the Revised Code;

(2) An EMT-basic or an EMT-I contracted by the division of mineral resources management to provide mine medical responder instruction; or

(3) An EMT-basic or an EMT-I who meets the requirements of paragraph (F) of this rule.

(F) Mine medical responder training provided by an operator. A operator of an underground coal mine who wishes to provide mine medical responder training for his or her own employees shall follow the requirements and modified fee structure of paragraph (F) of this rule.

(1) Mine medical responder certification instructors hired by an operator. An operator may use an employee or a contracted worker to conduct the initial mine medical responder training of paragraph (A)(1) of this rule and the mine medical responder refresher training of paragraph (A)(3) of this rule provided the employee or contracted worker is an EMT-basic or an EMT-I, as defined in section 1565.15 of the Revised Code, who meets the following requirements:

(a) The EMT-basic or EMT-I shall apply to the chief to be approved as a mine medical responder certification instructor, successfully complete the initial mine medical responder training course of paragraph (A)(1) of this rule, pass the examination of paragraph (A)(2) of this rule, and pay the fees required under paragraphs (C)(1) and (C)(2) of this rule. An EMT-basic or an EMT-I from a state other than Ohio shall also submit to the chief a letter from the certifying authority stating that the applicant's EMT certification is current and in good standing in that state. An EMT-basic or EMT-I who meets the requirements of this paragraph shall be approved by the chief as a mine medical responder certification instructor; and

(b) An EMT-basic or EMT-I who is approved by the chief as a mine medical responder certification instructor shall annually submit to the chief documentation to show that his or her EMT-basic or EMT-I certification is current.

(2) Initial mine medical responder training. An EMT-basic or EMT-I who is approved by the chief as a mine medical responder certification instructor under paragraph (F)(1) of this rule shall use the initial mine medical responder training course of paragraph (A)(1) of this rule to conduct initial mine medical responder training and shall complete and sign an MSHA form 5000-23 for each applicant who, pursuant to paragraph (D)(1)(a) of this rule, successfully completes the initial mine medical responder training. The applicant shall submit a copy of the completed and signed MSHA form 5000-23 to the chief when applying to take the final examination of paragraph (A)(2) of this rule.

(3) Mine medical responder refresher training. An EMT-basic or EMT-I who is approved by the chief as a mine medical responder certification instructor under paragraph (F)(1) of this rule shall use the refresher training course of paragraph (A)(3) of this rule to conduct mine medical responder refresher training and shall complete and sign an MSHA form 5000-23 for each applicant who, pursuant to paragraph (D)(2) of this rule, successfully completes the refresher training. The applicant shall submit a copy of the completed and signed MSHA form 5000-23 to the chief to show that he or she has met the refresher training requirements of paragraph (D)(2) of this rule.

(4) Modified fee structure for mine medical responder training provided by an operator. An applicant for initial mine medical responder training who is being trained pursuant to paragraph (F)(2) of this rule shall not pay the fee required under paragraph (C)(1) of this rule. An applicant for mine medical responder refresher training who is being trained pursuant to paragraph (F)(3) of this rule shall not pay the fee required under paragraph (C)(4) of this rule.

Effective: 11/17/2012
R.C. 119.032 review dates: 11/07/2017
Promulgated Under: 119.03
Statutory Authority: 1561.03 , 1561.05 , 1565.15
Rule Amplifies: 1565.15

1501:10-1-05 Additional requirements for the certification of mine forepersons or forepersons of gaseous mines and mine forepersons or forepersons of nongaseous mines.

(A) A person who applies for a certificate as a mine foreperson or a foreperson of gaseous mines shall meet the requirements of division (B) of section 1561.16 of the Revised Code and shall pay a fee of twenty-five dollars to the chief on the first day of the examination. A person who applies for a certificate as a mine foreperson or a foreperson of nongaseous mines shall meet the requirements of division (A) of section 1561.17 of the Revised Code and shall pay a fee of twenty-five dollars to the chief on the first day of the examination.

(B) Retraining of mine foreperson or foreperson. A person who has been issued a certificate as a mine foreperson or a foreperson under section 1561.16 or 1561.17 of the Revised Code and who has not worked in an underground coal mine for a period of one or more calendar years shall successfully complete a retraining course that meets the requirements of experienced miner training of 30 C.F.R. 48.6 before performing the duties of a mine foreperson or foreperson. The person shall attend all parts of the retraining course in order to successfully complete it.

(C) Recertification of mine foreperson or foreperson. A person who has been issued a certificate as a mine foreperson or a foreperson under section 1561.16 or 1561.17 of the Revised Code and who has not worked in an underground coal mine for a period of more than two calendar years shall apply for and obtain recertification from the chief pursuant to paragraph (C) of this rule before performing the duties of a mine foreperson or foreperson.

(1) Prior to applying for recertification, the person shall successfully complete a retraining course pursuant to paragraph (B) of this rule.

(2) An applicant for recertification shall be examined by the chief in accordance with section 1561.15 of the Revised Code. The applicant shall pay a fee of twenty-five dollars to the chief on the first day of the examination.

(D) Fees collected under this rule are non-refundable.

Effective: 11/17/2012
R.C. 119.032 review dates: 11/07/2017
Promulgated Under: 119.03
Statutory Authority: 1561.03 , 1561.05 , 1561.16 , 1561.17
Rule Amplifies: 1561.16 , 1561.17

1501:10-1-06 Accident reporting; investigation by chief; annual report.

Nothing in this rule applies to activities that are permitted and regulated under Chapter 1514. of the Revised Code; such activities shall follow the reporting, investigation, and annual report requirements of Chapter 1501:14-2 of the Administrative Code. All other mines under the jurisdiction of the division of mineral resources management (DMRM) shall follow the reporting, investigation, and annual report requirements of this rule.

(A) Accidents requiring immediate direct notification.

(1) Operators of mines required to comply with the MSHA immediate notification requirement of 30 C.F.R. 50.10 shall provide immediate direct notification in accordance with paragraph (A)(2) of this rule concurrent with the required notification to MSHA. All such operators shall also file a written report of the accident by submitting to the chief, within ten working days, a copy of the required MSHA accident report concurrent with the submission of the report to MSHA.

(2) For a life-threatening mine emergency in which there has been a serious accident or a fatality or for which a mine rescue team is needed, the operator shall make direct notification to the emergency operations center of the Ohio department of natural resources by telephone at (614) 799-9574. For all other accidents for which the operator is required to comply with the MSHA immediate notification requirement of 30 C.F.R. 50.10 , the operator shall make direct notification to the appropriate DMRM mine safety supervisor or resident mine inspector.

(3) For the purposes of this rule, "direct notification" means person to person or phone contact between an operator or his or her authorized representative and the appropriate DMRM mine safety supervisor or resident mine inspector, or the emergency operations center of the Ohio department of natural resources. Voice mail or electronic mail messages are not considered direct notification.

(B) Accidents, occupational injuries and occupational illnesses requiring written notification. Operators of mines required to comply with the MSHA written notification requirements 30 C.F.R. Part 50 Subpart C shall file written reports of accidents, occupational injuries or occupational illnesses with the chief within ten working days of occurrence of the accident or injury, or diagnosis of the illness, by submitting a copy of the required MSHA report to the chief.

(C) The DMRM will conduct an investigation of any fatality immediately upon receipt of notice; any accident deemed serious by the chief shall be investigated within twenty-four hours of notice. In conducting such investigation(s), the DMRM shall prepare a written report concerning the factors contributing to the accident. Such reports shall be provided to the mine operator. A mine operator may provide written comments to the chief concerning such reports. Such reports and comments shall become a part of the accident investigation file and official inspection records maintained by the DMRM.

(D) The DMRM accident investigator(s) shall provide written recommendations to the chief concerning appropriate remedial measures to prevent the reoccurrence of a fatality or serious accident.

The chief shall provide notice to other inspectors and the mining industry, as appropriate, in an effort to preclude a similar occurrence at another mine. The chief shall summarize such accident, injury, and illness reports on an annual basis in preparation of the report required by section 1561.04 of the Revised Code.

Effective: 11/17/2012
R.C. 119.032 review dates: 08/29/2012 and 11/07/2017
Promulgated Under: 119.03
Statutory Authority: 1561.03 , 1561.05
Rule Amplifies: 1561.011 , 1561.04 , 1561.36 , 1561.37 , 1563.43 , 1565.12 , 1567.55 , 1567.78
Prior Effective Dates: 12/31/98

1501:10-1-07 Incorporation by reference.

(A) The federal regulation references included in the rules of Chapters 1501:10-1 and 1501:10-2 of the Administrative Code can generally be found in public libraries or electronically at the website http://www.gpo.gov/fdsys/. The publishing date for Title 30 is July 1, 2011. These regulations are:

(1) 30 C.F.R. Part 7;

(2) 30 C.F.R. Part 40;

(3) 30 C.F.R. Part 48;

(4) 30 C.F.R. Part 50;

(5) 30 C.F.R. Part 75.

Effective: 11/17/2012
R.C. 119.032 review dates: 08/29/2012 and 11/07/2017
Promulgated Under: 119.03
Statutory Authority: 1561.03 , 1561.05
Rule Amplifies: 1561.03 , 1561.05 , 1561.16 , 1561.17 , 1561.36 , 1561.37 , 1565.15 , 1567.64 , 1567.681
Prior Effective Dates: 11/03/2011