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Rule 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. Last updated May 6, 2024 at 9:44 AM Supplemental Information |
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Rule 1501:10-1-02 | Fire detection devices.
Effective:
June 27, 2024
Promulgated Under:
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. With a design, type, number, installation and use of fire detection devices that provide for the earliest possible detection of a fire and meet the requirements of 30 C.F.R. 75.1103-1 to 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 is to 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. 75.1103-8. The chief will 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 is to submit to the chief a plan for fire detection devices that meets this rule. After the operator has installed the fire detection devices, he or she is to 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. 75.1103-8. The chief will 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 is to at the same time submit this proposed revision or modification to the chief for approval. The chief will review the proposed revision or modification, approve or disapprove it, and notify the operator of the chief's decision. Last updated June 27, 2024 at 9:43 PM Supplemental Information |
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Rule 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 is to 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 use, tag lines or tie-off lines in accordance with this rule. The operator is to provide and store tag lines and tie-off lines in accordance with 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 will inspect tag lines and tie-off lines to verify that they meet this rule and section 1567.64 of the Revised Code. Last updated June 27, 2024 at 9:44 PM Supplemental Information |
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Rule 1501:10-1-04 | Mine medical responder.
(A) Training. 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 will 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 will be developed by the mine safety program of the division of mineral resources management and approved by the chief and will 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 will be written; part will be verbal and hands-on, during which the student will 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 will be developed by the mine safety program of the division of mineral resources management and approved by the chief and will 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 for mine medical responder. (1) Persons with a current EMT or paramedic certificate. (a) An EMT-basic, EMT-I or paramedic, as defined in section 1565.15 of the Revised Code, whose certification is current will 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 or paramedic certificate. An EMT-basic, EMT-I or paramedic from a state other than Ohio is to also submit to the chief a letter from the certifying authority stating that the applicant's EMT or paramedic certification is current and in good standing in that state. (b) An EMT-basic, EMT-I or paramedic 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, EMT-I or paramedic certificate pursuant to rule 4765-8-04 of the Administrative Code will 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, EMT-I or paramedic certificate. Attendance at the entire mine medical responder refresher training course is necessary 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 is to meet the following conditions: (a) Be able to read and write the English language; and (b) Show proof of successful completion of new miner training, including all parts of the new miner training set forth in 30 C.F.R. 48.5 with the exception of the approximately eight hours of training that will be given at the minesite as set forth in 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 will pay a non-refundable fee in an amount determined by the chief, submitted on the first day of the initial mine medical responder training course. (2) An applicant for the mine medical responder final examination will pay a non-refundable fee in an amount determined by the chief, submitted at the time the examination is taken. (3) An applicant applying to retake part or all of the final examination will pay a non-refundable fee in an amount determined by the chief, submitted at the time the examination is retaken. (4) An applicant for mine medical responder refresher training will pay a non-refundable fee in an amount determined by the chief, submitted on the first day of the mine medical responder refresher training course. (5) The fee will 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 will be paid into the state treasury to the credit of the mining regulation and safety fund created in section 1513.30 of the Revised Code. (D) Certification. (1) The chief will 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) Attendance at all parts of the training course is necessary in order to successfully complete it. (b) Attaining a grade of eighty per cent or higher on each part of the examination is necessary 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 may apply to retake the entire examination no sooner than thirty days after receiving notice of their grades. An applicant may retake the examination only one time. (d) An applicant who fails to pass the examination after retaking all or part of it will 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 will 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. Attendance at the entire refresher training course is necessay in order to successfully complete it. The mine safety program of the division of mineral resources management will 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 will review such an application on a case-by-case basis and 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 is to have at least the following credentials: (1) An employee of the division of mineral resources management who is an EMT-basic, EMT-I or paramedic, as defined in section 1565.15 of the Revised Code; (2) An EMT-basic, EMT-I or paramedic, as defined in section 1565.15 of the Revised Code, contracted by the division of mineral resources management to provide mine medical responder instruction; or (3) An EMT-basic, EMT-I or paramedic who has complied with 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 is to comply with the following: (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, EMT-I or paramedic, as defined in section 1565.15 of the Revised Code, who meets the following qualifications: (a) The EMT-basic, EMT-I or paramedic is to 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 under paragraphs (C)(1) and (C)(2) of this rule. An EMT-basic, EMT-I or paramedic from a state other than Ohio is to also submit to the chief a letter from the certifying authority stating that the applicant's EMT or paramedic certification is current and in good standing in that state. An EMT-basic, EMT-I or paramedic who meets the qualifications set forth in this paragraph will be approved by the chief as a mine medical responder certification instructor; and (b) An EMT-basic, EMT-I or paramedic who is approved by the chief as a mine medical responder certification instructor is to annually submit to the chief documentation to show that his or her EMT-basic, EMT-I or paramedic certification is current. (2) Initial mine medical responder training. An EMT-basic, EMT-I or paramedic who is approved by the chief as a mine medical responder certification instructor under paragraph (F)(1) of this rule will use the initial mine medical responder training course of paragraph (A)(1) of this rule to conduct initial mine medical responder training and will 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 is to 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, EMT-I or paramedic who is approved by the chief as a mine medical responder certification instructor under paragraph (F)(1) of this rule will use the refresher training course of paragraph (A)(3) of this rule to conduct mine medical responder refresher training and will 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 is to 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 will not pay the fee set forth in 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 will not pay the fee set forth in paragraph (C)(4) of this rule. Last updated June 27, 2024 at 9:44 PM Supplemental Information |
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Rule 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 comply with division (B) of section 1561.16 of the Revised Code and also pay a fee in an amount determined by 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 comply with division (A) of section 1561.17 of the Revised Code and also pay a fee in an amount determined by the chief on the first day of the examination. (B) Retraining of mine foreperson or foreperson. If 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 has not worked in an underground coal mine for a period of one or more calendar years, successful completion of a retraining course that meets the requirements of experienced miner training of 30 C.F.R. 48.6 is necessary before performing the duties of a mine foreperson or foreperson. Attendace at all parts of the retraining course is necessary in order to successfully complete it. (C) Recertification of mine foreperson or foreperson. If 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 has not worked in an underground coal mine for a period of more than two calendar years, application for and obtaining recertification from the chief pursuant to paragraph (C) of this rule is necessary before performing the duties of a mine foreperson or foreperson. (1) Successful completion of a retraining course pursuant to paragraph (B) of this rule is necessary before a person may apply for recertification. (2) An applicant for recertification will be examined by the chief in accordance with section 1561.15 of the Revised Code. The applicant will pay a fee in an amount determined by the chief on the first day of the examination. (D) Fees collected under this rule are non-refundable. Last updated June 27, 2024 at 9:45 PM Supplemental Information |
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Rule 1501:10-1-06 | Accident reporting; investigation by chief; annual report.
Effective:
June 27, 2024
Promulgated Under:
Nothing in this rule applies to activities that are permitted and regulated under Chapter 1514. of the Revised Code; such activities are governed by Chapter 1501:14-2 of the Administrative Code. All other mines under the jurisdiction of the division of mineral resources management (DMRM) will follow provisions of this rule. (A) Accidents requiring immediate direct notification. (1) Operators of mines required to comply with the MSHA immediate notification provisions of 30 C.F.R. 50.10 shall provide immediate direct notification in accordance with paragraph (A)(2) of this rule concurrent with the notification to MSHA. All such operators are to also file a written report of the accident by submitting to the chief, within ten working days, a copy of the 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 is to directly notify the emergency operations center of the Ohio department of natural resources by telephone at (614) 799-9538. For all other accidents for which the operator is required to comply with the MSHA immediate notification provision of 30 C.F.R. 50.10, the operator is to directly notify 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 provisions 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 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 will be investigated within twenty-four hours of notice. In conducting such investigation(s), the DMRM will prepare a written report concerning the factors contributing to the accident. Such reports will be provided to the mine operator. A mine operator may provide written comments to the chief concerning such reports. Such reports and comments will 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 will provide notice to other inspectors and the mining industry, as appropriate, in an effort to preclude a similar occurrence at another mine. The chief will summarize such accident, injury, and illness reports on an annual basis in compliance with the reporting provisions of section 1561.04 of the Revised Code. Last updated June 27, 2024 at 9:46 PM Supplemental Information |
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Rule 1501:10-1-07 | Incorporation by reference.
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, 2023. These regulations are: (A) 30 C.F.R. Part 7; (B) 30 C.F.R. Part 40; (C) 30 C.F.R. Part 48; (D) 30 C.F.R. Part 50; (E) 30 C.F.R. Part 75. Last updated June 27, 2024 at 9:47 PM Supplemental Information |