At the end of July, the Mine Safety and Health Administration
("MSHA") announced the issuance of a Program Policy
Letter ("PPL") to provide mine operators guidance
regarding the existing requirement to provide escape ways or
refuges at underground metal and nonmetal mines when miners must
shelter in place. The PPL is being issued for public comment prior
to being final despite MSHA noting that the PPL is not to be
considered rulemaking. However, MSHA believes the PPL is necessary
to address significant safety issues regarding the placement of a
refuge in a location that provides miners access if they cannot
escape.
30 CFR § 57.11050 requires escape ways in underground metal
and nonmetal mines to enable miners to escape in an emergency, and
when they cannot escape, the standard requires refuges to enable
miners to shelter safely in place until they can be rescued. MSHA
has determined that this guidance is needed due to questions from
mine operators regarding refuge