2 CCR 407-6
RULES AND REGULATIONS OF THE MINE SAFETY AND TRAINING PROGRAM PURSUANT TO 34- 21-110 C.R.S.
RULE 1: Definitions RULE 2: General Requirements RULE 3: Inspection Guidelines RULE 4: Ground Control RULE 5: Ventilation RULE 6: Fire Prevention and Control RULE 7: Explosives RULE 8: Emergency and Evacuation Procedures RULE 9: Equipment and Machinery Requirements RULE 10: Personal Protection RULE 11: Communication RULE 12: Electrical RULE 13: Personnel Hoisting RULE 14: Illumination RULE 15: Other Safety and Health Requirements RULE 16: Enforcement Provisions Materials cited in these rules are hereby incorporated by reference. The materials incorporated in these rules by reference do not include later amendments to or editions of the incorporated materials. All materials incorporated by reference are available for inspection at State Publications Depository Libraries, through inter-library loan, and at the MSTP office located in Room 215, Centennial Building, 1313 Sherman Street, Denver, Colorado 80203. The MSTP Supervisor can provide further information regarding how the incorporated material may be obtained or examined. These Rules are proposed in accordance with Title 34, Article 21 Sections 104 and 110 of the Colorado Revised Statutes, and establish procedures through which the Mine Safety and Training Program of the Colorado Division of Minerals and Geology will implement the statutes. A written statement of the basis and purpose of theses Rules has been prepared and adopted by the Director of the Division of Minerals and Geology, and is hereby incorporated in these Rules by reference pursuant to C.R.S., 24-7-103(4). STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE SPECIFIC STATUTORY AUTHORITY These rules implement C.R.S. 34-21-110, which gives the Division of Minerals and Geology's Office of Active and Inactive Mines the specific statutory authority to inspect tourist mines in the State and close tourist mines where the public health and safety maybe in danger, and C.R.S. 34-21-104, which gives the Director, Division of Minerals andGeology (DMG), the authority to promulgate rules and regulations to implement the above statutory inspection and enforcement authority. The statutory basis for the new rules are the relevant provisions of title 34, articles 20 and 21 of the Colorado Revised Statutes that provide to the Office of Active and Inactive Mines, as delegated to the Mine Safety and Training Program (MSTP), authority to inspect tourist mines in order to insure the public health and safety of such mines and to close such mines if they pose a danger to public health and safety, § 34-21-110, C.R.S., the definition of tourist mines contained in § 34-20-103(12), C.R.S., and the statutory provision authorizing the Director, Division of Minerals and Geology to promulgate rules to implement these statutory provisions, § 34-21-104, C.R.S.
In addition to the above-referenced statutory provisions, the “Regulations of the Mine Safety and Training Program for Tourist Mine Rules” are being promulgated in accordance with the procedures and authority granted to State agencies in section 103 of the Colorado Administrative Procedures Act, § 24-4-103, C.R.S.
BASIS AND PURPOSE BACKGROUND AND SUMMARY OF RULEMAKING This Statement of Basis, Specific Statutory Authority, and Purpose explains the rationale for the “Regulations of the Mine Safety and Training Program for Tourist Mines” (“Rules”) and addresses specific comments received by the Mine Safety and Training Program (MSTP) on the first and second drafts of the proposed rules. The Notice of Proposed Rulemaking and Public Hearing for these rules and the first draft of the proposed rules was distributed by the MSTP in late July, 2002, to all Colorado tourist mine operators and other interested persons and published by the Colorado Secretary of State's Office in the September, 2002, Colorado Register. After considering initial public comments, the MSTP decided to renotice the proposed Rules in August, 2002 and postpone the rulemaking hearing from September to October, 2002, and extend the period in which a person could submit written comments until September 30, 2002 (the original date for submission of written comments was September 3, 2002), so that tourist mine owners and operators and other interested persons would have additional time to review the first draft of the proposed Rules.
On August 15, 2002, during the public comment period, the MSTP conducted an informal conference to discuss the rules and receive verbal input from stakeholders and other interested individuals at the National Mining Hall of Fame in Leadville, Colorado, As a result of the comments received during the informal conference and the written comments received by the MSTP on the first draft of the proposed rules, some changes, deletions and additions were made to the first draft. This second draft of the proposed rules were distributed in mid-September, 2002, and, as noted above, the comment period was extended until September 30, 2002. On October 9, 2002, a rulemaking hearing will be conducted by the Director, Division of Minerals and Geology (DMG), in Room 220, Centennial Building, 1313 Sherman St., Denver Colorado, at which time any interested person may attend and present comments verbally to the Director in addition to any written comments the Director may have received. This Statement of Basis and Purpose will be incorporated by reference into the tourist mine rules promulgated coincident with this Statement of Basis and Purpose.
The Rules include new rules relating to Definitions, Tourist Mine Permits, General Requirements for Tourist Mines, Tourist Mine Inspection Guidelines, Ground Control, Ventilation, Fire Prevention and Control, Explosives Use and Storage, Emergency and Evacuation Procedures, Equipment and Machinery Requirements, Personal Protection, Communication, Electrical Equipment Requirements, Personnel Hoisting, Mine Illumination, and Miscellaneous Safety and Health Requirements. The Rules also include Enforcement Provisions.
For the last several years, the MSTP has implemented its statutory authority to protect the public health and safety in tourist mines though guidelines it has issued. These guidelines have utilized, among other things, certain standards promulgated by the federal Mine Safety and Health Administration in 30 C.F.R. parts 56–58. However, in the past these guidelines were not expressly enforceable. The MSTP believes that it is preferable and necessary to promulgate these Rules so that all tourist mines operating in the State will understand that these guidelines are in fact enforceable through the authority and responsibility given the MSTP under the above-referenced statutory provisions. However, the standards established by this rulemaking generally simply codify the existing guidelines. Also, the MSTP hopes that, by expressly and specifically publishing these standards and procedural requirements through the rulemaking authority of the Director of DMG, all tourist mine operators and owners in the State will obtain certainty and uniformity regarding the standards, requirements and enforcement procedures through which the MSTP will implement its statutory authority.
SPECIFIC RULE REVISIONS AND RESPONSES TO COMMENTS The following discussion responds to specific written and verbal comments received by the MSTP. Several commenters stated their preference that the Rules provide for a formal Board of industry representatives to render final decisions on appeals of citations or cease and desist orders. This comment has not been incorporated into the Rules because the statutory provisions giving authority to the Director of the DMG to provide for inspections of tourist mines and to insure that such mines are protective of the public health and safety do not expressly establish such a Board. Other State Boards that have been established to provide final decision -making authority for adjudicatory decisions such as appeals of cease and desist orders by a state agency have been specifically provided for in the statutes over which they have authority. For example, the Mined Land Reclamation Board (MLRB), which has final authority to determine potential violations of standards and procedures established and implemented by the DMG for reclamation of hard rock, sand and gravel, construction materials, and coal mines is expressly established in § 34-32-105(2), C.R.S. and given express authority to make such final adjudicatory determinations The statutory provisions under which the Director, DMG, is promulgating these Rules has no such express establishment for a Board. The Director does not believe he has the authority to establish an adjudicative or rulemaking Board without such express statutory authority. Rule 1: Definitions, establishes definitions for terms used in the proposed Rules. It includes definitions of terms that appear throughout the following sections of the proposed Rules. Included in this section is a definition of “tourist mine.” This definition is intended to clarify that mines which are primarily open for the purpose of conducting public tours but which may incidentally produce a small amount of product are governed by these Rules rather than, for example, by the MLRB's “Hard Rock/Metal Mining Rules and Regulations” found at 2 CCR 407-1. One commenter during the informal conference suggested that the term “significantly” be added before the term “affects commerce” to clarify that incidental production of a mineral will not disqualify a mine whose primary purpose is for public tours from this permitting system. The MSTP believes this is a good clarifying suggestion and has added this term to the definition of tourist mine. Also, the MSTP and the Director, have changed the definition of “mine” in Rule 1(9) by deleting the term “developed” and inserting in its place the term “extracted” to more closely follow the statutory definition of “mine” found in § 34-20-102(9)(a)(I), C.R.S. Rule 2: Tourist Mine Permits, establishes the tourist mine permitting system. The purpose of this section is to establish a uniform method for obtaining a tourist mine permit in the State and to insure that all currently operating tourist mines and those tourist mines which may open in the future are required to obtain a permit prior to operating. Pursuant to a comment received at the informal conference, the date for initial submission of the permit application for existing tourist mines has been moved from December 31, 2002, to February 28, 2003, in order to give existing tourist mine owners and operators ample time to submit their initial permit applications. This date will also give the MSTP sufficient time to adequately review and approve, approve with conditions, or deny such applications prior to the beginning of the traditional tourist mine season. The MSTP will develop a permit application form in the near future and distribute this form to existing owner/operators for their use in submitting a permit application by the deadline.
The MSTP has modified paragraph 9 regarding change in ownership of a tourist mine to clarify that the new owner may agree to abide by the terms of the existing permit to avoid having to file a new permit application with the MSTP. Any new owner who intends to change the operation of the tourist mine will be required to file a new permit application with the MSTP within 30 days of the change of ownership, but may continue to operate under the existing permit during the pendency of the review of the new permit application by the MSTP. This provision was modified because of the MSTP's recognition that the tourist mine season is relatively short and to provide a way for new owners to continue to operate during the season, if the change of ownership occurs during the tourist mine season. Another suggestion at the informal conference was that the MSTP provide a procedure for amending a permit if the tourist mine owner/operator institutes significant changes in the operations of the tourist mine. This suggestion has been incorporated at paragraph 10 of section 2. One commenter suggested that the requirement that a tourist mine owner/operator that files for bankruptcy notify the MSTP of such filing be deleted. The MSTP has decided to keep this notification requirement because the MSTP believes such notifications assist the MSTP in implementing the other requirements of the statute and regulations. However, the MSTP does not intend to, and these Rules do not provide for, the immediate revocation of an existing permit simply because the owner/operator has notified the MSTP that it has filed for bankruptcy protection. Several commenters were concerned that the new permitting system will impose application fees on tourist mine owners/operators. The MSTP permitting system established by these proposed Rules will not impose any filing fees on permittees or permit applicants. Another commenter noted that the first draft of the proposed Rules did not provide any criteria for denying or approving permit applications. The MSTP has added paragraph 6 to establish such criteria. Subparagraph 4(e) has been modified to clarify that the map that is to be submitted to the MSTP as part of the permit application is a plan view map.
Rule 3: General Requirements, establishes general requirements applicable to all tourist mines. At the suggestion of several commenters at the informal conference, the provisions of paragraph 2 regarding retention of the daily record of inspections by the owner/operator has been clarified to indicate that such inspection reports shall be kept by the owner/operator for a minimum of the current and immediately preceding year and available for review by the MSTP.
Paragraph 5 has been modified, at the suggestion of a commenter, to provide that self-guided tours may be allowed if the MSTP gives written approval for such self-guided tours; conversely adits 50 feet long or less may not be authorized for such tours if the MSTP determines that a self-guided tour in such an adit is unsafe. This modification allows flexibility to both owners/operators and the MSTP to allow self-guided tourist mine tours if they are determined to be safe by the MSTP. Paragraph 8 has been modified to indicate that volunteers as well as employees must be accounted for when inside a tourist mine. A new paragraph 10 has been added to the second draft of the proposed Rules to require that each permittee provide to the MSTP a preseason report indicating any changes in tourist routes or other operating changes from the previous seasons operations. This will assure that the MSTP has current information of tourist mine operations. One commenter suggested that the MSTP give tourist mine owners/operators flexibility and not require a “brass in, brass out” system traditionally used in mines for the accounting of persons in a tourist mine required in paragraph 8 of Rule 3. The MSTP and the Director agree that the intent of this requirement is to provide flexibility to the tourist mine owners/operators in establishing a check in/check out system to account for persons inside a tourist mine and that such a system can be as simple as a sign in/ sign out form, as long as such a system is effective to accurately indicate how many persons are in a tourist mine at any time. Rule 4: Inspection Guidelines, establishes procedures for inspections of tourist mines by the MSTP. Paragraph 1 has been revised to clarify that the MSTP inspector is limited to inspections of any active area of a tourist mine. Paragraph 2 has been revised to indicate that a tourist mine owner/operator may without qualification accompany the MSTP inspector throughout an inspection. Both of these modifications respond to concerns raised by owners/operators at the informal conference. One commenter was concerned that the MSTP inspections might interfere with tours. Every effort will be made by MSTP inspectors to avoid interference with tours when inspections are conducted. At the request of another commenter who was concerned that the MSTP may attempt to inspect areas that could not affect tours, the words “active area” have been added to paragraph 1 before the phrase “of a tourist mine” to indicate that MSTP inspectors intend to inspect areas actively in use at tourist mines and any connected plant or equipment. In addition, the last phrase of that paragraph has been changed to indicate that only those other workings of a mine that may affect active areas can also be inspected by the MSTP. One commenter asked that a written description of the authority of the MSTP inspectors be established in these Rules. The Director believes that these Rules satisfactorily describe the authority of an inspector and the areas of a tourist mine that the inspector may visit. The same commenter also believes that tourist mine owners/operators should be allowed to evaluate the MSTP inspectors that visit their mines. The Director of the DMG and the MSTP believe that tourist mine owners/operators already have the ability to contact the MSTP or the Director regarding opinions about MSTP inspectors or specific inspections. For example, the inspection form provides an area for the owner/operator to make remarks regarding the inspection. Finally, this commenter believes that a tour operator should have the right to appeal an inspection he/she believes to be unreasonable. The current draft of these proposed Rules, Rule 17, subparagraph 6(a) establishes an appeal procedure for any tourist mine owner/operator who wishes to contest any adverse orders resulting from an inspection. Rule 5: Ground Control, provides standards for ground support and other ground conditions. In response to several comments received at the informal conference, paragraph 3 has been substantially shortened to simply incorporate by reference the American Society for Testing Materials Publication F432- 95 for rock bolts and accessories condition and installation. Further proposed requirements regarding certifications by manufacturers of such materials has been determined to be unnecessary since the publication referenced above provides sufficient safeguards for such materials. Rule 6: Ventilation, establishes requirements to insure that sufficient air quality is maintained in tourist mines for public health. In paragraph 1, a sentence has been added to provide that a flame safety lamp may be used to backup a calibrated electronic oxygen meter. This addition was inserted to address a concern that calibrated electronic oxygen meters may not always work properly. Rule 7: Fire Prevention and Control, establishes standards and prohibitions regarding fires and fire fighting equipment. Paragraph 10 of the proposed Rules has been modified by deleting the phrase “constructed of noncombustible material”, which was determined to be superfluous when read in conjunction with the standards established in 30 C.F.R. 57.4533, which has been incorporated by reference. In addition, the term “new surface building” in this paragraph is intended to indicate that existing surface buildings are grandfathered from this requirement. No comments were received on the first draft of proposed Rule 8: Explosives, which establishes use and handling standards and prohibitions and location restrictions for explosives or Rule 9: Emergency and Evacuation Procedures, which requires tourist mine owners/operators to develop escape plans and routes for emergencies and procedures for evacuating tourist mines and notifying the MSTP of such conditions. Therefore, these proposed Rules have not been revised. Rule 10: Equipment and Machinery Requirements: establishes safety and procedural requirements for operating equipment at tourist mines. Paragraph 1 of this proposed Rule, which establishes standards for the haulage equipment has been revised by deleting the term “condition” before the term “safety standard”. A commenter was concerned that use of this term might require replacement of otherwise adequately safe haulage equipment prior to the end of their useful life, when the equipment might still comply with the safety standards established by the manufacturer. No significant comments were received regarding Rule 12: Communication, which establishes general requirements regarding installation and maintenance of a communication system between surface and underground portions of a tourist mine and between the tourist mine and the local emergency system for emergencies and Rule 13: Electrical, which requires proper installation, maintenance, and grounding of electrical systems within tourist mines, so these draft rules have not been modified, except that paragraph 6 of Rule 13 has been changed to reflect that some electrical equipment can be properly grounded without a ground wire.
Rule 14: Personnel Hoisting, establishes standards and requirements to insure the safe operation of hoisting equipment for tourist mines. Paragraph 21 in the first draft of this rule, which required an annual medical examination has been deleted after considering comments at the informal conference expressing concerns that requirement did not enhance the safety of tourist mine visitors and employees. Instead, a sentence has been added to new paragraph 22 to indicate that the tourist mine owner/operator must ensure that any person operating a hoist is physically capable of performing hoisting duties. One commenter suggested that this proposed rule be modified by adding a requirement that all headframes for hoisting be constructed of steel. While the MSTP does not believe that it is necessary to require the use of steel in all headframes for tourist mines, the MSTP has added a performance standard requiring that all headframes be able to withstand a greater load than any strain that might be imposed on it. This performance standard has been added as a new paragraph 1 in proposed Rule 14 and the other paragraphs have been renumbered in this proposed rule.
No significant comments were received on proposed Rule 15: Illumination, which provides for general illumination requirements or Rule 16: Other Safety and Health Requirements, which establishes miscellaneous requirements to insure public health and safety at tourist mines. Therefore, these proposed rules have not been modified, except that under paragraph 6 of proposed Rule 16, the sentence prohibiting intoxicating beverages and narcotics on the mine property has been deleted. This requirement was determined to be unnecessary, since the following sentence in that paragraph prohibits persons visibly under the influence of alcohol or narcotics from coming onto mine property. Also, the deleted requirement would have been difficult to enforce. Finally, in response to one comment, the MSTP and the Director have agreed that firearms should be prohibited in tourist mines, both to prevent the danger to public health associated with an accidental discharge of firearms and any deliberate threat to the public. Therefore, a new paragraph 7 has been added to Rule 16 prohibiting the carrying of any firearm onto tourist mine property and the following paragraphs in Rule 16 have been renumbered. Rule 17: Enforcement, establishes enforcement mechanisms for the MSTP to enforce the standards and procedures established in these proposed rules. At the suggestion of a commenter at the informal conference, this rule has been slightly rearranged and rewritten to provide more clarity regarding the issuance of violation notices, cease and desist orders, the suspension or revocation of tourist mine permits and the appeal rights of owners/operators who receive such violations, cease and desist orders, suspensions, or revocations. Also, a provision has been added to allow tourist mine owners/operators to request expedited hearings, so that such hearings may be conducted in a timely manner during the tourist season, if requested by the owner/operator. One commenter requested that a provision be added authorizing a tourist mine owner/operator to file a court action for an immediate hearing for any final agency decision that he/she considers adverse. The statutory provisions under which these Rules are promulgated do not expressly authorize such an action. However, the Colorado Administrative Procedures Act (CAPA), § 24-4-106(5), C.R.S. does allow for an immediate contest of a final agency decision and the person seeking such judicial review can request an immediate hearing to postpone the effective date of such final agency action. These CAPA procedures are applicable to all final MSTP actions.
Statement of Basis, Purpose, and Specific Statutory Authority for Tourist Mine Rules Rules implementing C.R.S. 34-21-110, which gives the Division of Minerals and Geology's Active and Inactive Mines Office the authority to inspect tourist mines in the State and C.R.S. 34-21-104, which gives the Director, Division of Minerals and Geology (DMG), the authority to promulgate rules and regulations to implement the above statutory inspection and enforcement authority. This proposed Statement of Basis, Specific Statutory Authority, and Purpose explains the rationale for the proposed revisions to the “Regulations of the Mine Safety Training Program for Tourist Mines” (“Rules”). The Notice of Proposed Rulemaking and Public Hearing for these rules and the first draft of the proposed rules was distributed by the MSTP on June 20, 2003, to all Colorado tourist mine operators and other interested persons and published by the Colorado Secretary of State's Office in the July 2003 Colorado Register. Most of the revisions to the Rules are to comply with a determination by the legislature's Office of Legislative Legal Services (OLLS) determination that there is no statutory basis for the permitting provisions of the current rules. The OLLS determination was approved by the 2003 legislature which authorized these portions of the current rules to expire. The statutory basis for the new rules are the relevant provisions of title 34 of articles 20 and 21 of the Colorado Revised Statutes that provide for the inactive mines program authority to inspect tourist mines in order to insure the public health and safety of such mines, § 34-21-110, C.R.S., the definition of tourist mines contained in § 34-20-103(12), C.R.S., and the statutory provision authorizing the Director, Division of Minerals and Geology to promulgate rules to implement these statutory provisions, § 34-21-104, C.R.S. In addition to the above-referenced statutory provisions, the “Regulations of the Mine Safety Training Program for Tourist Mine Rules” are being promulgated in accordance with the procedures and authority granted to State agencies in section 103 of the Colorado Administrative Procedures Act, § 24-4-103, C.R.S.
The following items discuss revisions to the rules and their rationale.
1. Rule 1(6), the publication date of 27 CFR Part 55 has been corrected to April 1, 2000. This was a typographical error.
2. Rule 2 is deleted in its entirety. This rule included permitting requirements. This change is required by the OLLS.
3. Rule 3 is now Rule 2, with the deletion of Rule 2. Rules subsequent to Rule 3 have also renumbered accordingly.
4. Rule 2(10), the term “permittee” has been changed to “tourist mine owner/operator”. Since the MSTP will not be issuing permits, there would be no such entity. This change is in accordance with the requirements of the OLLS.
5. Rule 2(10) has been revised. This revision requires basic information be submitted to the MSTP by owner/operators so that MSTP is well informed on who is operating the mine, and basic safety procedures and operation plans for the mine, in the event of an emergency. This change is necessary to protect public health and safety.
6. Rule 2(11) has been added. This rule requires notification to the MSTP of any change of mailing address for a tourist mine owner/operator. This rule ensures that the MSTP maintains the ability to contact tourist mine owner/operators. This change is necessary to protect public health and safety.
7. Rule 2(12) has been added. This rule requires that the owner/operator of a tourist mine notify the MSTP of any change in the name of the owner/operator. This ensures that the MSTP is able to identify the current owner/operator of a tourist mine. This change is necessary to protect public health and safety.
8. Rule 2(13) has been added. This rule requires notification of the MSTP, prior to its institution, of any significant changes in the operation or condition of the tourist mine. This rule is ensures that the MSTP is aware of any changes that might affect its ability to respond to an emergency. This change is necessary to protect public health and safety.
9. Rule 2(14) has been added. This rule requires that tourist mine owner/operators notify the MSTP in the event that the owner/operator has filed a petition for bankruptcy. This notification ensures that the MSTP is aware of any safety hazards that might develop in the event that funds for mine operation and maintenance are no longer available. This change is necessary to protect public health and safety.
10. Rule 6(10) has been amended to add the date of publication of the incorporated reference. The date had been inadvertently omitted in the initial rules publication.
11. Rule 6(11), the incorporated reference to 30 CFR 57.45660 has been corrected to 30 CFR 57.4560. This was a typographical error. The rule is also amended to add the date of publication of the incorporated reference. The date had been inadvertently omitted in the initial rules publication 12. Rule 8(1), the phrase “prior to permit issuance” has been deleted, since the MSTP will not be issuing permits. This change is in accordance with the requirements of the OLLS.
13. Rule 10(5), has been revised. The MSTP had incorrectly transcribed these MSHA prescribed limits in the initial rules publication.
14. Rule 16(1) has been deleted in its entirety. This section provided for the issuance of a Cease and Desist Order in the event that an owner/operator is operating a tourist mine without an MSTP permit. Since the MSTP will not be issuing permits, this section is no longer valid. This change is in accordance with the requirements of the OLLS.
15. Rule 16(2), in the first sentence, the term “permit” has been deleted, to delete reference to MSTP permits which will not be issued. This change is in accordance with the requirements of the OLLS. The rule also includes a revision with the correct spelling of imminent, which was a typographical error.
16. Rule 16(3), reference to permits has also been deleted. This section referenced the revocation of suspension of permits, which is no longer relevant with the MSTP not issuing permits. This change is in accordance with the requirements of the OLLS.
17. Rule 16(5), reference to permits has also been deleted. This section referenced the revocation of suspension of permits, which is no longer relevant with the MSTP not issuing permits. This change is in accordance with the requirements of the OLLS.
18. Rule 16(5)(a), reference to permits has also been deleted. This change is in accordance with the requirements of the OLLS.
No comments were received during the public review period. Accordingly, no revisions have been made to the proposed rules since the Notice of Proposed Rulemaking was published in the Colorado Register RULE 1: DEFINITIONS 1. “Approved” means tested and accepted for a specific purpose by a nationally recognized agency.
2. “Combustible” means capable of being ignited and consumed by fire.
3. “Competent person” means a person having abilities and experience to qualify him/her to perform the duty in which he is assigned.
4. “Employee” means a person who works for wages or salary in the service of an employer.
5. “Escapeway” means a passageway by which persons may leave a mine.
6. “Explosive” means any substance classified as an explosive by the Department the Treasury, Bureau of Alcohol, Tobacco, and Firearms, 27 CFR Part 55 Subpart B-Definitions, as amended April 1, 2000, which is hereby incorporated by reference.
7. “Hazard” means a condition or situation that has potential to cause injury or loss.
8. “Insulated” means separated from other conducting surfaces by a dielectric substance permanently offering a high resistance to the passage of current and to disruptive discharge through the substance.
9. “Mine” means all lands on which minerals have been extracted, including excavations, underground passageways, shafts, tunnels and workings, structures, facilities, equipment machines or other property.
10. “MSTP” means the Mine Safety and Training Program of the Office of Active and Inactive Mines of the Colorado Division of Minerals and Geology.
11. “MSTP Supervisor” means Mine Safety and Training Program Supervisor / Division of Minerals and Geology.
12. “Multipurpose dry-chemical fire extinguisher” means a listed or approved multipurpose dry-chemical fire extinguisher having a minimum rating of a 2-A:10-B:C, by Underwriters Laboratories, Inc., and containing a minimum of 4.5 pounds of dry-chemical agent.
13. “Overspeed” means a speed greater than the safe speed for a particular hoist. Persons should not be hoisted at a speed faster than 2,500 feet per minute, except in an emergency.
14. “Overtravel” means travel beyond the intended stop.
15. “Safety Can” means an approved container, of not over 5 gallons capacity, having a spring-closing lid and spout cover.
16. “Scaling” means removal of insecure material from a back, rib, face, or highwall.
17. “Tourist” means a person visiting a tourist mine for recreational purposes.
18. “Tourist Mine” means any mine whose primary purpose is for tours open to the public rather than development of minerals, which the owner/operator does not have the intent to produce and sell a product which significantly affects commerce.
19. “Tourist Mine Owner/Operator” means a person or entity that owns or operates a tourist mine.
20. “Working Place” means any place in or about a mine where work is being performed. RULE 2: GENERAL REQUIREMENTS 1. The tourist mine owner/operator shall conduct his/her operation with due regard to health and safety. No tourist mine owner/operator shall fail to provide or use such safety devices and safeguards as are reasonably necessary to protect the health and safety of his or her employees.
2. A daily inspection of the tourist mine by a competent person designated by the tourist mine owner/operator is required. Any hazards that may adversely affect the safety and health of all persons must be noted and corrective action taken. A record of these inspections shall be maintained and available for the inspector to examine at the tourist mine for the current and immediately preceding years. Any inspection checklist must include, but not be limited to the following:
3. Each tourist shall be informed regarding the proper conduct and procedures to follow prior to commencement of the tour, and safety awareness training must be conducted to adequately inform tourists of the hazards they may encounter while on the tour.
4. Tourist mine employees are required to receive annual safety training specific to the tourist mine site on applicable portions of these tourist mine rules. The MSTP staff will provide a general annual assistance training session for any tourist mine operators or employees. The operator will be notified of the date and location of the training. The purpose of the MSTP training is to provide guidance for the operator to more effectively provide the training for his or her employees at the mine site, and so his or her employees can more effectively carry out their required duties as outlined in these rules. The operator may also request an inspector to assist with the training at the mine site during a scheduled visit. Verification of the employees annual safety training must be maintained at the tourist mine.
5. No self-guided tours will be allowed unless the adit is less than 50 feet long or the tourist mine owner/operator has written approval from the MSTP Supervisor or his/her representative. Other considerations may make a 50-foot long or less adit ineligible for self-guided tours, as determined solely by the MSTP Supervisor or his/her representative.
6. A reasonable supply of tools and supplies must be maintained at the tourist mine site to be available for correcting unsafe conditions if encountered.
7. Access to unattended surface mine openings shall be restricted by lockable gates or doors.
8. Each tourist mine owner/operator will establish a check-in and checkout system for every employee or volunteer which will provide an accurate record of persons in the tourist mine. Tourists must be accounted for at all times by the tourist mine owner/operator guide.
9. All displays must be located in an area that is free from any hazardous condition, so that any employee's health and safety will not be jeopardized if he or she is required to maintain the display.
10. By April 1 of each year, each tourist mine owner/operator shall submit to the Mine Safety Program a preseason report, including a plan map indicating any changes from the previous year's areal map, and describing any changes in tourist routes or any other changes in operating conditions such as new or modified escape routes, mine ventilation, or barricaded areas. The following information must also be submitted in the preseason report unless it has already been submitted to the MSTP. Any changes in the following requested information from the prior year shall be noted in the preseason report.
11. It shall be the duty of the tourist mine owner/operator to keep the MSTP notified of any mailing address change by promptly sending written notice of such change to the MSTP. The MSTP is entitled to assume, in the absence of such Notice, that it may proceed with the last previous address provided by the tourist mine owner/operator, and the tourist mine owner/operator will be bound by such Notice as if actually received.
12. Where a tourist mine owner/operator's official business name changes or there is a change in ownership or status, the tourist mine owner/operator shall inform the MSTP in writing within 30 days of such change, including previous and new names of the business, previous and new ownership and operator status, and any new addresses and telephone numbers associated with such changes.
13. Prior to instituting any significant change(s) in the operation or condition of a tourist mine, the tourist mine owner/operator notify the MSTP said changes.
14. Where a tourist mine owner/operator files a petition for bankruptcy, the tourist mine owner/operator shall immediately notify the MSTP via certified mail of such filing. RULE 3: INSPECTION GUIDELINES 1. The MSTP Supervisor or his/her representative may at any time during reasonable business hours enter, examine and inspect any active areas of a tourist mine, any connected plant or equipment, or any part of the workings of a tourist mine that may affect the active areas.
2. The tourist mine owner/operator or designated representative may accompany the MSTP Supervisor or his/her representative while conducting inspections.
3. Any prior agreements with the MSTP Supervisor or his/her representative will not be valid after the promulgation of these rules.
RULE 4: GROUND CONTROL 1. Ground conditions that create a hazard to persons shall be taken down or supported before other work or travel is permitted in the affected area. Until corrective work is completed, the area shall be posted with a warning against entry and, when left unattended, a barrier shall be installed to impede unauthorized entry.
2. Scaling shall be performed from a location which will not expose persons to injury from falling material, or other protection from falling material shall be provided.
3. Where manual scaling is performed, a scaling bar shall be provided. This bar shall be of a length and design that will allow the removal of loose material without exposing the person performing the work to injury.
4. Rock bolts and accessories used for ground support must be in compliance with American Society for Testing Materials Publication F432-95, as amended 2001, which is hereby incorporated by reference and must be installed according to manufacturer recommendations.
5. When ground support is necessary, the support system shall be designed, installed, and maintained to control the ground in places where persons work or travel in performing their assigned tasks. Damaged, loosened, or dislodged timber or any other device used for ground support which creates a hazard to persons shall be repaired or replaced prior to any work or travel in the affected area.
RULE 5: VENTILATION 1. Air in all active working and all other areas of the tourist mine where people are required to work or travel shall contain at least 19.5% volume percent oxygen. To assure 19.5% volume percent oxygen is maintained, a test will be taken with a calibrated electronic oxygen meter. In addition to the electronic oxygen meter, a flame safety lamp may be used as a backup measuring device.
2. All underground main fans shall have controls placed at a suitable protected location remote from the fan and preferably on the surface.
3. When auxiliary fan systems are used, such systems shall minimize recirculation and be maintained to provide ventilation air that effectively sweeps the affected area.
4. Unventilated areas shall be sealed or barricaded and posted against entry.
5. Unless an approved method of detecting hydrogen gas is available, all battery charging stations will either be located on the surface or will be ventilated directly to the surface with a sufficient volume of air to prevent the accumulation of hydrogen gas.
RULE 6: FIRE PREVENTION AND CONTROL 1. Fires shall not be lit underground, except for open-flame torches. While lit, torches shall be accompanied by the necessary fire control equipment.
2. For fighting fires that could endanger persons, each tourist mine shall have:
3. This onsite firefighting equipment shall be:
4. Firefighting equipment shall be inspected according to the following schedules:
5. Fire extinguishers shall be recharged or replaced with a fully charged extinguisher promptly after any discharge.
6. Whenever self-propelled equipment is used underground, a fire extinguisher shall be on the equipment. Fire extinguishers shall be of a type and size that can extinguish fires of any class in their early stages which could originate for the equipment's potential fire hazards.
7. Transformer stations, storage and dispensing areas for combustible liquids, pump rooms, and hoist rooms shall be provided with fire protection of a type, size, and quantity that can extinguish fires of any class in their early stages which could occur as a result of the hazards present.
8. Storage of fuel and combustible liquids for underground and surface must comply with 30 CFR
9. Small quantities of flammable liquids drawn from storage shall be kept in safety cans labeled to indicate the contents.
10. Any new surface building or other similar structures within 100 feet of tourist mine openings shall be in compliance with 30 CFR 57.4533, as amended July 1, 2001, which is hereby incorporated by reference.
11. Any new mine entrance shall comply with 30 CFR 57.4560, as amended July 1, 2001, which is hereby incorporated by reference.
12. Compressed gas cylinders shall not be stored in rooms or areas used or designated for storage of flammable or combustible liquids, including grease. Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease.
13. Battery charging stations will not be located at or near a potential electrical arcing source. RULE 7: EXPLOSIVES 1. Explosives shall be stored and handled in accordance with applicable state and federal laws.
2. Use and handling of explosives shall be prohibited during normal tour hours.
3. Portable magazines containing explosives shall not be located at or near the tour route and permanent magazines must remain locked during normal tour hours.
RULE 8: EMERGENCY AND EVACUATION PROCEDURES 1. An emergency procedure plan shall be in place for events that can reasonably be expected to occur at the tourist mine. The plan will be submitted to the MSTP Supervisor for his/her approval. The plan shall include but not be limited to the following key concerns:
2. A map or diagram of the tourist mine will be posted and maintained at or near the tourist mine entrance. The map or diagram will show the normal direction of principle airflow, location of escape routes, location of existing telephones, and locations of refuge chambers, if they exist.
3. Escape routes shall be marked with conspicuous and easily read direction signs that clearly indicate the ways of escape in the event of an emergency underground and in structures or buildings on the surface.
4. At least once every twelve months, all persons who work underground shall be instructed in the escape and evacuation plans and procedures and fire warning signal in effect at the tourist mine. Whenever a change is made in escape and evacuation plans and procedures for any area of the mine, all persons affected shall be instructed in the new plans or procedures.
5. Tourist mine owners/operators shall notify the MSTP as soon as reasonably practicable, but not later than twenty-four (24) hours after the tourist mine owner/operator has knowledge of any emergency situation that seriously endangers the health and safety of the public or the employees at the tourist mine.
RULE 9: EQUIPMENT AND MACHINERY REQUIREMENTS 1. All haulage equipment including mantrips shall be maintained to meet or exceed the original manufacturer's safety standards with special attention paid to braking systems (primary and secondary), fire suppression systems, electrical systems, guards, and other safety devices.
2. Mobile equipment to be used during a shift shall be inspected by the equipment operator before being placed in operation on that shift. Defects on any equipment, machinery or tools that affect safety shall be corrected in a timely manner.
3. Moving machine parts shall be guarded to protect persons from contacting gears, sprockets, chains, drive, head, tail, and take-up pulleys, flywheels, coupling, shafts, fan blades, and similar moving parts that can cause injury.
4. Guards on and around machines, and equipment shall be constructed in a manner that they will withstand the vibration, shock, and wear to which they will be subjected during normal operation.
5. Guards shall be maintained securely in place, and not create a hazard by their use, while machines or equipment are being operated, except when testing or making adjustments which cannot be performed without removal of the guard.
6. Repairs or maintenance on machinery or equipment shall be performed only after the power is off, and the machinery or equipment blocked against hazardous motion. Machinery or equipment motion or activation is permitted to the extent that adjustments or testing cannot be performed without motion or activation, provided that persons are effectively protected from hazardous motion.
7. Mobile equipment will be equipped with a manually operated horn or other audible warning device. If the equipment operator has an obstructed view to the rear, a backup alarm will be provided.
8. Shelter holes shall be:
1. Adequate first-aid materials, including stretchers and blankets shall be provided at places convenient to all working areas. Water or neutralizing agents shall be available where corrosive chemicals or other harmful substances are stored, handled, or used.
2. All persons shall wear suitable hard hats when in or around a mine or plant where falling objects may create a hazard.
3. All persons shall wear suitable protective footwear when in or around an area of a mine or plant where a hazard exists which could cause an injury to the feet.
4. All persons shall wear safety glasses, goggles, face shields, or other suitable protective devices when in or around an area of a mine or plant where a hazard exists which could cause injury to unprotected eyes.
5. All persons who may be momentarily exposed to sound levels in excess of 85 dBa shall be provided with hearing protection. When using dual hearing protection, all persons shall not be exposed to sound levels in excess of 115 dBa over an eight-hour period of time. Noise control by engineering or administrative controls must be implemented when any person may be momentarily exposed to an excess of 140 dBa (impact noise).
6. All persons who are exposed to concentrations of airborne contaminants of excessive levels shall be protected with the appropriate respiratory protective equipment. Acceptable levels of contaminants are those set by MSHA in Title 30 CFR Part 57 Subpart D - Air Quality, Radiation, and Physical Agents, as amended July 1, 2001, which is hereby incorporated by reference.
7. Employees required to work in isolated areas of the mine away from the tour route must wear or carry an approved self rescue device and his or her own electric cap lamp.
8. If in question, the tourist mine owner/operator, with assistance from the MSTP Supervisor or his/her representative, shall evaluate when and where the appropriate personal protective equipment is required. The necessary equipment must be made available for employees and tourists. RULE 11: COMMUNICATION 1. A communication system must be maintained for the purpose of an effective way of communicating between surface and underground operations.
2. A communication system must be maintained for the purpose of contacting the local EMS system in the event of a mine emergency.
RULE 12: ELECTRICAL 1. Electrical equipment and circuits shall be provided with switches or other controls. Such switches or controls shall be of approved design and construction and shall be properly installed.
2. Circuits shall be protected against overload by fuses or circuit breakers of the correct type and capacity.
3. Permanent splices and repairs made in power cables, including the ground conductor, where provided, shall be:
4. Power wires and cables shall be insulated adequately where they pass into or out of electrical compartments. Cables shall enter metal frames of motors, splice boxes, and electrical compartments only through proper fittings. When insulated wire, other than cables, passes through metal frames, the holes shall be substantially bushed with insulated bushings.
5. Telephone and low-potential signal wire shall be protected, by isolation or suitable insulation, or both, from contacting energized power conductors or any other power source.
6. All electrical equipment or components must have a ground wire or be properly grounded.
7. Battery charging stations shall be equipped with a separate ground conductor from the charging unit to the battery unit while charging.
RULE 13: PERSONNEL HOISTING 1. The construction of any headframe and the material used therein shall be sufficiently strong and durable to assure its withstanding any strain put upon it. All headframes shall be so designed that they will withstand a greater load than the calculated breaking strength of all hoisting attachments.
2. Hoists shall have rated capacities consistent with the loads handled and the recommended safety factors of the ropes used.
3. Hoists shall be anchored securely.
4. Belt, rope, or chain shall not be used to connect driving mechanisms to man hoists.
5. Any hoist used to hoist persons shall be equipped with a brake or brakes capable of holding its fully loaded cage, skip, or bucket at any point in the shaft.
6. The operating mechanism of the clutch of every man-hoist drum shall be provided with a locking mechanism, or interlocked electrically or mechanically with the brake to prevent accidental withdrawal of the clutch.
7. Automatic hoists shall be provided with devices that automatically apply the brakes in the event of a power failure.
8. All personnel hoists shall be provided with devices to prevent overtravel. When untilized in shafts exceeding 100 feet in depth, such hoists shall also be provided with overspeed devices.
9. Where creep or slip may alter the effective position of safety devices, friction hoists shall be equipped with synchronizing mechanisms that recalibrate the overtravel devices and position indicators.
10. An accurate and reliable indicator of the position of the cage, skip, bucket, or cars in the shaft shall be provided.
11. Hoist controls shall be placed or housed so that the noise from machinery or other sources will not prevent hoistmen from hearing signals.
12. Flanges on drums shall extend radially a minimum of 4 inches or three rope diameters beyond the last wrap, whichever is the lesser.
13. Where grooved drums are used, the grooves shall be of suitable size and pitch for the ropes used.
14. Each hoist shall be equipped with a manually operable switch that will initiate emergency braking action to bring the conveyance and the counterbalance safely to rest. This switch shall be located within reach of the hoistman in case the manual controls of the hoist fail.
15. When an overtravel by-pass switch is installed, the switch shall function so as to allow the conveyance to be moved through the overtravel position when the switch is held in the closed position by the hoistman. The overtravel bypass switch shall return automatically to the open position when released by the hoistman.
16. If guide ropes are used in shafts for personnel hoisting applications, the nominal strength (manufacturer's published catalog strength) of the guide rope at installation shall meet the minimum value calculated as follows: Minimum Value = Static Load × 5.0.
17. 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 formulas in 30 CFR 57.19021, as amended July 1, 2001, which is hereby incorporated by reference.
18. After initial rope stretch but before visible wear occurs, the rope diameter of newly installed wire ropes shall be measured at least once in every third interval of active length and the measurements averaged to establish a baseline for subsequent measurements. A record of the measurements and the date shall be made by the person taking the measurements. This record shall be retained until the rope is retired from service.
19. Wire rope shall be attached to the load by a method that develops at least 80 percent of the nominal strength of the rope.
20. The standard code of hoisting signals recognized by the State of Colorado (34-21-109 C.R.S.) shall be adopted and used at each mine.
21. A legible signal code shall be posted prominently in the hoist house within easy view of the hoistmen, and at each place where signals are given or received.
22. A hoistman training and procedures plan must be developed by the tourist mine owner/operator for personnel that may operate the hoist. The tourist mine owner/operator shall ensure that any person operating a hoist is physically competent to perform the duty. The training and procedures plan along with documentation of the training must be made available for the MSTP inspector to examine.
23. Only experienced hoistmen shall operate the hoist except in cases of emergency and in the training of new hoistmen.
24. A systematic procedure of inspection, testing, and maintenance of shaft and hoisting equipment shall be developed and followed. If it is found or suspected that any part is not functioning properly, the hoist shall not be used until the malfunction has been located and repaired or adjustments have been made.
25. At the time of completion, the person performing inspections, tests, and maintenance of shafts and hoisting equipment required shall certify, by signature and date, that they have been completed. A record of any part that is not functioning properly shall be made and dated. Certifications and records shall be retained at the tourist mine for one year.
26. Parts used to repair hoists shall have properties that will ensure the proper and safe function of the hoist.
27. Examinations:
28. When a manually operated hoist is used, a qualified hoistman shall remain within hearing of the telephone or signal device at all times while any person is underground.
29. When automatic hoisting is used, a competent operator of the hoist shall be readily available at or near the hoisting device while any person is underground. RULE 14: ILLUMINATION 1. Adequate illumination shall be provided for all tourists in and around all walkways and areas they are required to travel, both underground and on the surface.
2. Every tour guide shall carry an operable individual electric lamp while conducting an underground tour. RULE 15: OTHER SAFETY AND HEALTH REQUIREMENTS 1. At all tourist mines:
2. Toilet facilities:
3. Where restricted clearance creates a hazard to any person, the restricted clearance shall be conspicuously marked.
4. Guardrails shall be provided and maintained to protect persons from endangerment where a drop-off exists of sufficient grade or depth that may cause the person or persons to fall.
5. No persons shall be assigned or permitted to perform work alone in any area where hazardous conditions exist that could endanger his or her safety.
6. No employees shall be under the influence of alcohol or controlled substances while on duty, except under the direction of a licensed physician. Tourist mine owners/operators and employees shall ensure that no persons visibly under the influence of alcohol or narcotics will be allowed on mine property.
7. No firearms shall be permitted in a tourist mine.
8. No persons shall smoke or use an open flame where flammable or combustible liquids or greases are stored. Readily visible signs prohibiting smoking and open flames shall be posted where a fire or explosion hazard exists.
9. Any toxic materials used at the mine site shall be plainly marked or labeled so as to positively identify the nature of the hazard and the protective action required. Material Safety Data Sheets must also be maintained and made available for all toxic material.
10. In cases where, in the opinion of the MSTP Supervisor or his/her representative, the enforcement of any order or ruler would not materially increase the safety of employees and would cause undue hardship on a tourist mine owner/operator, exceptions may be made at the discretion of the MSTP Supervisor or his/her representative. To be effective, such exceptions shall be stated in writing. A reply regarding the approval or denial of the request, with or without conditions, will be mailed to the requesting party within 30 days of receipt of the written request.
11. These rules are not intended to and do not limit or affect the duty or obligation of the tourist mine owner/operator to correct any unsafe condition or procedure existing at a tourist mine.
12. When actively involved in extraction of material or advancement of the adit, the tourist mine owner/operator must also comply with any health and safety standards that apply to their specific operation as set forth in the Safety and Health Standards of the Federal Regulations 30 CFR Parts 56,57, and 58, as amended July 1, 2001, which are hereby incorporated by reference. RULE 16: ENFORCEMENT PROVISIONS 1. Whenever the MSTP has reason to believe that there has been a violation of an Order or regulation issued under State statute or these Rules, the MSTP Supervisor or representative shall note such violation in the inspection report signed by the tourist mine owner/operator, a copy of which is given to the tourist mine owner/operator. If the tourist mine owner/operator has not remedied the violation to the satisfaction of the MSTP Supervisor or representative within the time specified in the inspection report, the MSTP Supervisor or representative may issue an immediate Cease and Desist Order until the condition is satisfactorily remedied. In lieu of closing the entire mine, depending on the nature of the violation, the MSTP has the discretion to close any portion of the mine where unsafe conditions exist that could adversely affect the health and safety of the public and the employees at the tourist mine.
2. If the MSTP Supervisor or his/her representative determines there is an imminent or substantial danger to the public or employees, he/she may issue an immediate cease and desist order.
3. In the event the tourist mine owner/operator fails to comply with a Cease and Desist Order, the MSTP may request the Attorney General to bring suit for a temporary restraining order, a preliminary injunction, or a permanent injunction to prevent any further or continued violation of such order.
4. If the tourist mine owner/operator has been issued a Cease and Desist Order. the operator may continue operating the mine only for the purpose of bringing the tourist mine into satisfactory compliance with the provisions of these Rules. Once the tourist mine is in complete compliance to the satisfaction of the MSTP, the MSTP shall consider vacating the Cease and Desist Order.
5. The MSTP shall utilize the applicable provisions of Section 105 of the Colorado Administrative Procedures Act, § 24-4-105, C. R. S., when conducting hearings regarding violations and appeals of violations from tourist mine owners/operators.