Sec. 75.1714 Availability of approved self-rescue devices; instruction in use and location.

1. Each operator shall make available to each miner who goes underground, and to visitors authorized to enter the mine by the operator, an approved self-rescue device or devices which is adequate to protect such person for 1 hour or longer.

2. Before any miner employed by the operator or visitor authorized by the operator goes underground the operator shall instruct and train such person in the use and location of the self-rescue device or devices made available at the mine. Instruction and training of miners and visitors shall be in accordance with provisions set forth in 30 CFR Part 48.

[43 FR 54246, Nov. 21, 1978, as amended at 53 FR 10336, Mar. 30, 1988; 60 FR 30401, June 8, 1995]

Sec. 75.1714-1 Approved self-rescue devices.

1. A 1-hour SCSR;

2. A SCSR of not less than 10 minutes and a 1-hour canister; or

3. Any other self-contained breathing apparatus which provides protection for a period of 1 hour or longer and which is approved for use by MSHA as a self-rescue device when used and maintained as prescribed by MSHA.

[60 FR 30401, June 8, 1995]

Sec. 75.1714-2 Self-rescue devices; use and location requirements.

1. Self-rescue devices shall be used and located as prescribed in paragraphs (b) through (f) of this section.

2. Except as provided in paragraph (c), (d), (e), or (f) of this section, self-rescue devices shall be worn or carried at all times by each person when underground.

3. Where the wearing or carrying of the self-rescue device is hazardous to

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   the person, it shall be placed in a readily accessible location no greater than 25 feet from such person.

4. Where a person works on or around equipment, the self-rescue device may be placed in a readily accessible location on such equipment.

5. A mine operator may apply to the District Manager under Sec. 75.1502 for permission to place the SCSR more than 25 feet away.
   1. The District Manager shall consider the following factors in deciding whether to permit an operator to place a SCSR more than 25 feet from a miner:
      1. Distance from affected sections to surface,

      2. Pitch of seam in affected sections,

      3. Height of coal seam in affected sections,

      4. Location of escapeways,

      5. Proposed location of SCSRs,

      6. Type of work performed by affected miners,

      7. Degree of risk to which affected miners are exposed,

      8. Potential for breaking into oxygen deficient atmospheres,

      9. Type of risk to which affected miners are exposed,

      10. Accident history of mine, and

      11. Other matters bearing upon the safety of miners.

   2. Such application shall not be approved by the District Manager unless it provides that, while underground, all miners whose SCSR is more than 25 feet away shall have a FSR approved by MSHA and NIOSH under 42 CFR part 84 sufficient to enable each miner to get to a SCSR.

   3. An operator may not obtain permission under paragraph (e) of this section to place SCSRs more than 25 feet away from miners on trips into and out of the mine.

   4. If a SCSR is not carried out of the mine at the end of a miner's shift, the place of storage must be approved by the District Manager, a sign with the word ``SELF-RESCUER'' or ``SELF-RESCUERS'' shall be conspicuously posted at each storage place, and direction signs shall be posted leading to each storage place.

   5. Where devices of not less than 10 minutes and 1 hour are made available in accordance with Sec. 75.1714-1(b), such devices shall be used and located as follows:
      1. Except as provided in paragraphs (c) and (d) of this section, the device of not less than 10 minutes shall be worn or carried at all times by each person when underground, and

      2. The 1-hour canister shall be available at all times to all persons when underground in accordance with a plan submitted by the operator of the mine and approved by the District Manager. When the 1- hour canister is placed in a cache or caches, a sign with the word "SELF-RESCUERS'' shall be conspicuously posted at each cache, and direction signs shall be posted leading to each cache.

[43 FR 54246, Nov. 21, 1978, as amended at 60 FR 30401, June 8, 1995; 69 FR 8108, Feb. 23, 2004]

Sec. 75.1714-3 Self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping.

1. Each operator shall provide for proper inspection, testing, maintenance, and repair of self-rescue devices by a person trained to perform such functions.

2. After each time a self-rescue device is worn or carried by a person, the device shall be inspected for damage and for the integrity of its seal by a person trained to perform this function. Self-rescue devices with broken seals or which are damaged so that the device will not function properly shall be removed from service.

3. All FSRs approved by MSHA and NIOSH under 42 CFR part 84, except devices using vacuum containers as the only method of sealing, shall be tested at intervals not exceeding 90 days by weighing each device on a scale or balance accurate to within +1 gram. A device that weighs more than 10 grams over its original weight shall be removed from service.

4. All SCSRs approved by MSHA and NIOSH under 42 CFR part 84 shall be tested in accordance with instructions approved by MSHA and NIOSH. Any device which does not meet the specified test requirements shall be removed from service.

5. At the completion of each test required by paragraphs (c) and (d) of this

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   section the person making the tests shall certify by signature and date that the tests were done. This person shall make a record of all corrective action taken. Certifications and records shall be kept at the mine and made available on request to an authorized representative of the Secretary.

6. Self-rescue devices removed from service shall be repaired for return to service only by a person trained to perform such work and only in accordance with the manufacturer's instructions.

[43 FR 54246, Nov. 21, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 56 FR 1478, Jan. 14, 1991; 60 FR 30402, June 8, 1995; 60 FR 33723, June 29, 1995]