Problems With Underground Regulations ? Introduction

The majority of the regulations in Part 75 for underground coal mines have been in effect since March of 1970, almost nine years now. Although there have been some additions each year in specific areas where the need became apparent or the statute required some action, the bulk was promulgated on March 28, 1970 for the purpose of clarifying the statutory provisions of the Federal Coal Mine Health and Safety Act of 1969. Many of those regulations were derived from the Federal Mine Safety Code, or from experience gained by the Bureau of Mines in the enforcement of Public Law 552. Upon passage of the Federal Mine Safety and Health Act of 1977, these same regulations remained in effect and the statutory requirements of the Act placed a responsibility upon the Secretary of Labor to promulgate additional regulations in specific areas not previously covered. The Federal inspectorate has received formal training at the National Mine Health and Safety Academy in the proper application of the regulations, as well as routine retraining and special training courses subsequent to the promulgation of new regulations. With some exceptions, the vast majority of these regulations are nothing more than good mining practice. Basically, the regulatory problems are two-fold. There are a few specific regulations that, under certain circumstances, compliance is nearly, if not actually, impossible. There is non-uniform application of enforcement of regulations by the inspectorate based on opinions developed from personal experience of inspectors or lack of experience. The record is replete with examples of overzealous inspectors applying regulations that either do not exist or have been stretched far beyond the intent of the regulations.