Steptoe & Johnson

Energy Law Update: MSHA Issues New Final Rule Regarding Mine Rescue Teams

The Mine Safety and Health Administration (MSHA) recently issued a final rule that will impose new requirements upon mine-site and state-sponsored mine rescue teams for training and rescue contests in underground coal mines. See 74 Fed. Reg. 28,606-28,609 (June 17, 2009) (to be codified at 30 C.F.R. § 49). This new rule is MSHA's response to the United States Court of Appeals for the District of Columbia's ("Court") decision in Int'l Union, United Mine Workers of Am. v. Dep't of Labor, 554 F.3d 150 (D.C. Cir.2009).

The new final rule revises four aspects of the prior rule (73 Fed. Reg. 7,636 (Feb. 8, 2008) (codified at 30 C.F.R. § 49)). MSHA has determined that it will affect 156 small mines and 9 large mines in Kentucky that use state-sponsored mine rescue teams. MSHA estimates that the total cost for those mines will be $794,000 yearly. 

• First, mine-site and state-sponsored mine rescue teams need to participate in training semi-annually at small mines covered by each team, rather than annually.
• Second, members of state-sponsored teams are no longer allowed to substitute their regular job experience for one of the two years statutorily required for mine rescue contests and mine-site training. 
• Third, all members of state-sponsored teams must participate in two mine rescue contests annually and train at least semi-annually at small mines covered by the team. 
• Members of state-sponsored teams who are full-time state employees are no longer exempt even if part of their regular duties includes: (1) inspecting underground mines for compliance with state safety laws or (2) training mine rescue teams or (3) other similar duties that enhance mine rescue knowledge. 
• Fourth, full-time state employees cannot participate in mine rescue contests by performing duties as a contest judge or official.
  The new final rule was effective as of June 17, 2009, but it includes a two-part implementation schedule to address anticipated difficulties in meeting the requirements of the rule. First, the new final rule includes a six-month period for operators to create new teams, establish mine rescue stations, and conduct initial training. Second, the new rule includes a one-year period for teams to complete all required training, including mine rescue contests.

These four revisions were created to comply with the Mine Improvement and New Emergency Response (MINER) Act as interpreted by the Court in Int'l Union, United Mine Workers of Am. v. Dep't of Labor. The Court held that the prior rule was inconsistent with the MINER Act and vacated aspects of the prior rule.

William D. Wilmoth
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william.wilmoth@steptoe-johnson.com