UN ECE Sectoral Initiative on Equipment for Explosive

Atmospheres

7 September 2011

United States Department of Labor Mine Safety and Health Administration

(MSHA)

Presentation Agenda

Describe MSHA

Applicable standards and requirements

Testing by Applicant or Third Party (30 CFR Part 7)

Independent Laboratory Rule (30 CFR Part 6)

Obstacles to MSHA Acceptance of IECEx

MSHA is …

United States Department of Labor, Mine Safety and Health Administration

Federal mine safety and health enforcement agency

Approximately 2000 employees 1200 mine inspectors

Title 30 Code of Federal Regulations (30 CFR)

National Mine Health and Safety Academy

US Department of Labor Organization Chart

MSHA Organization Chart

Calendar Year

Mining Fatalities in the United States, 1910 - 2010

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

191

0

191

4

191

8

1922

192

6

193

0

193

4

193

8

194

2

194

6

195

0

1954

1958

196

2

196

6

1970

197

4

197

8

1982

1986

1990

199

4

1998

2002

200

6

201

0

Nu

mbe

r of

Fat

aliti

es

Coal Metal and Nonmetal Total

All Mining Fatalities1960 - 2010

0

100

200

300

400

500

60019

60

1962

1964

1966

1968

1970

1972

1974

1976

1978

1980

1982

1984

1986

1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

2008

2010

Calendar Year

Nu

mb

er o

f F

atal

itie

s

Federal Coal Mine Healthand Safety Act of 1969

Federal Mine Safety and Health Act of 1977

MINER Act of 2006

Applicable Mining Laws

Federal Mine Safety and Health Act of 1977 (the Act)Formed the Mine Safety and Health Administration (MSHA)Purpose:

Establish mandatory health and safety standards to protect the Nation’s miners

Require each mine operator to comply with standardsImprove and expand research and development and training programs aimed at preventing accidents and illnesses.

Mine Improvement and New Emergency Response Act of 2006 (MINER Act)

Required changes in mine emergency response capabilities including communications, tracking, and breathable air.

Title 30 Code of Federal Regulations (30 CFR)

Parts 75 and 77 Safety and Health Standards for underground and surface coal mines

Parts 56 and 57 Safety and Health Standards for underground and surface metal and nonmetal(non-coal) mines

Parts 5-36 for equipment approval regulations

MSHA Product Approval Regulations

Part 5 – Fees

Part 6 – Testing by Independent Laboratories and Non-MSHA Product Safety Standards

Part 7 – Testing by Applicant or Third Party

Part 18 – Electric Motor Driven Mining Equipment

MSHA Product Approval Regulations

Part 19 – Electric Cap Lamps

Part 20 – Electric Mine Lamps other than Cap Lamps

Part 22 – Portable Methane Detectors

Part 23 – Telephones and Signaling Devices

MSHA Product Approval Regulations

Part 27 – Machine-mounted Methane Monitors

Part 28 – Fuses for Use with Direct Current in Providing Short-Circuit Protection for Trailing Cables

Part 33 - Dust Collectors

Part 35 – Fire Resistant Hydraulic Fluids

Part 36 – Mobile Diesel Powered Transportation Equipment

Testing by Applicant or Third Party(30 CFR Part 7)

Only available for certain products for which test results are non-subjective.

Applicant submits certified statements that product has met test requirements

Products under Part 7 include:Explosion-proof motorsFlame resistant cablesMine Ventilation Controls (Brattice cloth and ventilation tubing)Battery AssembliesDiesel Engines and Diesel Power PackagesRefuge Alternatives

Testing by Applicant or Third Party(30 CFR Part 7)

MSHA Investigation Consists of:

Verification of:Construction requirementsQuality assurance requirementsDemonstrated test facility competency

Review of:Certified statementsTest results

30 CFR Part 6

Testing and Evaluation by Independent Laboratories and non-MSHA product safety standards

Promulgated in 2003

Permits MSHA to:Accept test and evaluation results from independent laboratories if they verify compliance with MSHA requirements

Accept equipment designed to non-MSHA product safety standards if MSHA deems such standards to provide at least the same degree of protection as MSHA requirements or determines that such standards can be modified to provide the same degree of protection

30 CFR Part 6 Equivalency Determination Process

MSHA announces intent to review non-MSHA product safety standard in the Federal Register for purpose of soliciting public input

60 day comment period

MSHA conducts equivalency determination and publishes final determination with any necessary modifications in the Federal Register

The accepted standard is incorporated into 30 CFR with any necessary modifications

MSHA Part 6 Activities

Completed evaluation of IEC 60079-0 and -1 and determined modification (deviation) is required to ensure equivalent protection to MSHA approval requirements

Evaluation of IEC 60079-0 and -11 has been found to be difficult and is on-going

Participation on IEC TC31 main committee and subcommittees

MSHA has approved several products based on independent laboratory test reports

Obstacles to MSHA Acceptance of IECEx

1977 Mine Act requirement: “No mandatory health or safety standard promulgated under this title shall reduce the protection afforded miners by an existing mandatory health or safety standard.”

MSHA must be able to show that any new standard provides at least the same degree of protection as existing requirements

Difficulty of comparing IEC standards with MSHA requirements

It’s not “are they safe enough” but rather “are they equally safe”

Obstacles to MSHA Acceptance of IECEx

Must go through the US rulemaking process before changes to MSHA regulations can be made.

United Mine Workers of America (UMWA) have opposed efforts to harmonize MSHA requirements with the international community.

MSHA resources and priorities.