Mining code of the State of Arizona

              CONSTITUTION
OF THE STATE OF ARIZONA
ARTICLE XIX
MINES
The office of Mine Inspector is hereby established. The Legislature, at its first
session, shall enact laws so regulating the operation and equipment of all mines in
the State as to provide for the health and safety of workers therein and in
connection therewith, and fixing the duties of said office. Upon approval of such
laws by the Governor, the Governor, with the advice and consent of the Senate,
shall forthwith appoint a Mine Inspector, who shall serve until his successor shall
have been elected at the first general election thereafter and shall qualify. Said
successor and all subsequent incumbents of said office shall be elected at general
elections, and shall serve for two years.
TITLE 27. MINERALS, OIL AND GAS
CHAPTER 1. STATE AGENCIES AND OFFICERS
ARTICLE 2. STATE MINE INSPECTOR
27-121. Qualifications of mine inspector; duties; deputies; salary
A. The state mine inspector shall be a resident of this state at least two
years prior to his election, not under thirty years of age, and shall have been
practically engaged in , and acquainted with, mines and mining in this state, and
shall have had at least four years experience in underground mining and three
additional years in either underground mining, smelting, open pit mining, or
experience in any industry under the jurisdiction of the state mine inspector.
B. No person may be an inspector or deputy inspector while an
employee, director, or officer of a mining, milling or smelting company.
C. The inspector, and each deputy, shall devote full time to the duties
of his office.
D. The inspector shall receive an annual salary pursuant to § 41-1904
and necessary traveling expenses when traveling in discharge of official duties.
E. The mine inspector shall have a seal bearing the words “Mine
Inspector, State of Arizona” which shall be affixed to official documents.
27-122. Deputy Inspectors
The state mine inspector may appoint and assign such deputy inspectors to
perform the duties of the state mine inspector as prescribed by law. All deputies
shall receive compensation as determined pursuant to § 38-611.
27-124. Mine inspections required; powers of inspector
A. The mine inspector shall inspect, at least once every three months,
every active underground mine in the state employing fifty or more persons, and
at least once each year , every other mine. The inspector shall inspect the
operation, conditions, safety appliances, machinery, equipment, sanitation and
ventilation, the means of ingress and egress, the means taken to protect the lives,
health and safety of the miners, the cause of accidents and deaths occurring at the
mine, and the means taken to comply with provisions of this title.
B. The mine inspector may enter and inspect any abandoned or
inactive mine to determine whether any dangerous condition exits which may
affect the health and safety of the general public.
C. The inspector at any time may enter, examine and inspect any
mine or part of any mine and inspect any connected plant or equipment or any
part of the workings of the mine.
D. The mine operator or designated representative shall accompany
the inspector, without unreasonable delay, while conducting inspections.
27- 125. Inspection report
After every inspection the inspector shall fill out and leave with the
operator a preliminary inspection report that lists the inspection party, the part of
the operation inspected, the type of inspection and every violation of the state
mining code observed during the inspection, but nothing contained in or omitted
from the entry shall limit or affect the duty and obligation of the owner or
operator of the property under this title. Within a reasonable length of time a
typed copy of the inspection report shall be sent to the operator which shall be
filed at the office of the operations. The report shall be available at all reasonable
times.
27-126. Annual report to governor
A. The mine inspector on March 31 each year shall make and file
with the governor a statistical summary and report of the work during the year
ending December 31. The report shall contain a statement showing the number of
persons employed in each mine, and, separately, the number of persons employed
above ground and under ground, the number and nature of fatal and serious
accidents occurring in each mine, the number of inspections made, complaints
filed, inquests attended, mines or mine workings ordered to be vacated, violations
found, and other information deemed important, together with necessary or
desirable recommendations.
B. Copies of the report shall be published and distributed at the
expense of the state.
27-127. Restrictions on divulging information by inspectors
and employees; dismissal for violation
A. No inspector, deputy or employee shall make a report with respect
to a mining property or prospect, except an official report to his superior
officer or to the governor, nor shall he make public or reveal to any other
person knowledge or information obtained by him in the exercise of his
official duties concerning ore, ore bodies or values, of any mine or part
thereof.
B. An inspector or deputy violating this section shall be dismissed
from office.
27-128. Inspection of mines; violation; classification
A. The state mine inspector or a deputy inspector shall inspect each
mine in the state as frequently as necessary to determine whether any hazardous
dust condition exits therein. There shall be a prompt inspection of any mine in
which he or a deputy inspector has reason to believe a hazardous dust condition
exits or with respect to which complaint of a hazardous dust condition has been
made as provided in § 27-308. The mine inspector or a deputy inspector shall
make recommendations to mine operators as to methods of reducing dust and
whenever he finds a hazardous dust condition he shall notify the mine operator
thereof. The notice shall be in writing and shall specify a reasonable time within
which the dust condition must be remedied. The mine operator shall install within
the time specified, and thereafter maintain and operate, dust prevention practices
which remedy the hazardous dust condition.
B. If the dust prevention practices are not installed within the time
specified in the notice or are not thereafter maintained, the state mine inspector or
a deputy inspector shall forthwith order cessation of operations, except for
necessary maintenance and repair work, in all parts of the mine in which
hazardous dust conditions exist or are produced by operations until the condition
is remedied. Written notice of the order shall be given the mine operator and any
mine operator who thereafter knowingly fails to obey the order is guilty of a class
2 misdemeanor.
CHAPTER 3. OPERATION OF MINES
ARTICLE 1. GENERAL PROVISIONS
27-301. Definitions
In this chapter, unless the context otherwise requires:
1. “Abandoned Mines” means a mine where mining operations have
been permanently terminated or the operator has complied with section 27-303,
subsection B or for which no owner, operator or other claimant of record can be
located for a deserted mine site.
2. “Active Mine” means a mining operation conducting mining
activities on any lands.
3. “Claim” means the portion of mining ground held under federal
and local law by one claimant or association, by virtue of one location and record.
It includes mining claims and sites deemed abandoned under the federal land
policy and management act of 1976 (P.L. 94-579; 90 STAT. 2743).
4. “Excavations” or “workings” means any or all parts of a mine
excavated or being excavated, including shafts, tunnels, drifts, crosscuts, adits,
entries, winzes, raises, stopes, open cuts, and all working places, whether
abandoned or in use.
5. “Inactive Mine” means a mining operation not conducting mining
for more than six months or where mining operations have been temporarily
suspended or the operator has complied with section 27-303, subsection B.
6. “Inspector” means the state mine inspector and except in article 7
of this chapter his deputies.
7. “Mill” means any ore mill, concentrator, sampling works,
crushing, grinding or screening plant, appurtenant buildings, shops or storage or
loading facility used at and in connection with any mine.
8. “Mine” means all lands containing excavations, underground
passageways, shafts, tunnels and workings, structures, facilities, equipment,
machines or other property including impoundments, retention dams, tailings and
waste dumps, on the surface or underground, used in, to be used in or resulting
from the work or extracting minerals or other materials, excluding hydrocarbons.
Mine includes that portion of an operation which mixes rock, sand, gravel or
similar materials with water and cement or with asphalt, provided that the
operation is either physically connected to the mine or is so interdependent with
the mine as to form one integral enterprise.
9. “Miner” means a person who works in a mine.
10. “Mining” means those activities conducted to develop or extract
materials from a mine including on-site transportation, concentrating, milling,
leaching, smelting or other processing of ores or other materials.
11. “Open Pit” means any mine operated on the surface of the earth,
including quarries, but excluding sand and gravel operations.
12. “Operation” means a mine, mill, smelter, sand and gravel plant or
pyrometallurgical or hydrometallurgical operation.
13. “Operator” means a natural person, corporation, partnership
association, agent, governmental entity or other public or private organization or
representative owning, controlling or managing a mine.
14. “Sand and gravel operation” means any operation the principal
product of which is sand, gravel, pumice or any other common variety of
material.
15. “Smelter” means any establishment used for the purpose of
pyrometallurgical operations and appurtenant buildings, shops, facilities for the
production of steam or electrical power, or equipment used in conjunction with
any of the above.
16. “Surface mining” means mining conducted on the surface of the
land including open pit, strip, dredging, quarrying, leaching, surface evaporation
operations, reworking abandoned tailings and dumps and related activities.
17. “Underground mine” means a mine in which minerals or other
materials are extracted from beneath the surface by means of shafts, tunnels, or
other openings.
27-302. Operations subject to act; enforcement; duties of inspector;
violation; classification
A. All operations shall be subject to the provisions of this chapter
unless specifically exempted from a particular provision by its terms.
B. The inspector shall enforce this chapter at all operations.
C. Any operator or other person violating any provision of this
chapter is guilty of a petty offense unless other penalties are specifically
prescribed in this chapter.
27-303. Notification to inspector of beginning or suspending operations
A. When mining operations are scheduled to begin at any mine, the
operator, owner, agent, or other authorized representative shall give written notice
to the inspector prior to commencement of mining.
B. In the case of temporary suspension of operations, excluding labor
disputes, exceeding six months or in the case of permanent termination of mining
operations, the operator shall notify the inspector, in writing, before the
suspension or termination date. All shafts, portals, adits or other openings shall be
secured to prevent unauthorized entry and to protect public health and safety
pursuant to section 27-318.
C. On notification of suspension or termination of mining operations,
the inspector shall inspect the property to determine if adequate safety measures
are being taken to protect the public.
27-304. Operator responsibility
A. The operator shall conduct his operation with due regard to health
and safety. No operator shall fail to provide or use such safety devices and
safeguards as are reasonably necessary to protect the life, health and safety of his
employees.
B. The operator, or some responsible person with authority appointed
by him, shall be on duty at all times when employees are working. He shall be
responsible for the safe performance of all work under him and for the safety of
all employees
C. The operator shall designate a person or persons to inspect as
frequently as may be required by any rules or regulations for unsafe conditions
and practices, defective equipment and materials, and where such conditions are
found, to take appropriate corrective action.
D. The operator and his supervisory personnel shall enforce safety
regulations and issue such orders as may be necessary to safeguard the life, health
and safety of employees.
27-305. Employee responsibility
Each employee shall make full use of all safeguards provided for his
protection.
Except for the purposes of repair, no employee or other person shall remove,
displace, damage, destroy or carry off any safety device or safeguard furnished or
provided, nor shall he interfere with the use thereof. No employee or other person
shall interfere with the methods or processes adopted for the protection of
employees, nor shall he fail or neglect to do anything reasonably necessary to
protect the life, health and safety of himself and other employees.
27-306. First aid; inspectors as qualified instructors
A. Every operation shall have adequate and proper first aid material
as approved by the inspector which shall be available to all employees.
B. No employee or other person shall remove material from first aid
boxes or kits at any time except for replacement or use in case of injury.
C. The state mine inspector and the deputy mine inspectors shall be
qualified first aid instructors, and shall provide instruction upon request.
27-307. Notice to operator of dangerous condition; compliance; failure to
comply as prima facie evidence of negligence; order to cease operations
A. If upon inspection it appears to the inspector that an operation
from any cause is in a dangerous condition or its condition fails to comply with
the requirements of law, the inspector shall at once serve written notice on the
operator or his agent in charge, stating in detail why the operation is dangerous or
does not comply with law, and specifying necessary changes to be made and
setting a reasonable time within which to make them.
B. The operator shall forthwith make the change and comply with the
notice.
In an action against a party notified as provided in subsection A for loss life or
bodily injuries by an employee subsequent to the notice and in consequence of the
dangerous condition of the operation, a certified copy of the notice served by the
inspector shall be prima facie evidence of the negligence of the operator.
C. If it appears to the inspector from a reexamination that the changes
or compliances have not been made within the time specified in the notice, and
that the operation is still in the condition dangerous to life or health, and in the
opinion of the inspector it is necessary for the safety of the life or health of the
employees that the operation be closed, he shall forthwith order cessation of the
operation or part thereof, and order that the employees not be permitted therein
except to remedy the defects complained of until this chapter is complied with to
the satisfaction of the inspector. The operator shall forthwith obey the order.
D. If the operator considers the order to be in excess of the inspector’s
authority or unreasonable, he may obtain a judicial review of its validity or
reasonableness in accordance with the provisions of title 12, chapter 7, article 6.
27-308. Complaint to inspector of dangerous conditions by employee;
inspection
When the inspector receives a complaint in writing signed by a person
employed in an operation, stating that the operation in which he is working or part
of it is being operated contrary to law or is dangerous to the health or lives of
persons employed therein, and setting forth when the danger was first observed,
the inspector shall examine the operation as soon as possible. The name of the
person making the complaint shall not be disclosed by the inspector unless
permission is expressly granted by the person. The complaint shall be indexed
and filed by the inspector.
27-309. Reports of fatal accidents to inspector; investigation
A. When a fatal accident occurs in an operation, the operator shall
give immediate notice thereof by telephone or telegraph, and after investigation
report the facts in writing to the inspector. The inspector, upon receipt of such
notice shall instruct the operator as to preserving evidence of the accident. The
inspector shall investigate and make a report which shall be filed in his office.
B. The inspector may appear at a coroner’s inquest held respecting
the fatal accident and examine the witness.
C. If the inspector concludes the facts warrant it, he shall cause a
copy of his report or a copy of the testimony, together with the verdict of the
coroner’s jury if an inquest was held, and all papers in his possession relating
thereto, to be forwarded to the county attorney of the county in which the fatal
accident occurred, with an accompanying statement of the inspector, describing in
what particular he believes the law has been violated.
27-310. Copy of law available for inspection
The operator or person in charge of an operation shall keep at all times in
the office of the operation and in the timekeeper’s office in an accessible place
and subject to inspection by all workmen and other interested persons at least one
printed copy of this chapter.
27-311. Fire prevention and protection
Every operation where there appears to be any possibility of fire or serious
hazards from fire shall provide sufficient fire protection. This shall include water
supply with adequate pressure, fireplugs, hose and nozzles, and chemical,
automatic chemical or water extinguishers, which shall be properly located to
provide for the safety of all employees. All underground mines shall be equipped
with adequate rescue equipment and the operators thereof shall provide proper
training in its use to rescue crews.
27-312. Safety equipment
A. All persons working in operations shall wear approved type head, foot
and eye protection when in the work area and such other safety equipment as is
designated by the operator.
B. Equipment placed in an operation for the purpose of safety shall not
be removed by anyone nor utilized except for the purpose intended.
27-313. Machinery
A. All moving parts of machinery to which workmen may be exposed
shall be adequately guarded. Guards shall conform to the standards set forth in the
rules.
B. A guard or safety device necessary for safe operation which has
been removed from any machine shall be replaced before the machine is returned
to productive operation.
27-314. Electrical installations
All electrical equipment shall be so maintained as to reduce the accident
hazard so far as is reasonably possible. Such electrical equipment shall be
installed, maintained and used according to standards set forth in the rules.
27-315. Unauthorized persons
No person whose entry has not been authorized by the operator shall be
allowed in any operation.
27-316. Intoxicating liquors and drugs
No intoxicating liquors or beverages and no narcotic drugs shall be
permitted on any operation. No employee or other person under the influence of
or believed to be under the influence of intoxicating liquors or narcotic drugs
shall enter or be permitted to enter on any operation.
27-317. Waste dumps and tailings areas; signs; violation; classification
In areas where waste dumps, subsidence areas or tailings areas border on
inhabited or public places, the roads from such places leading into such areas
shall be blocked off and danger signs shall be placed at intervals along the
perimeter of the areas. Any person recklessly removing, destroying or defacing
such signs or barriers is guilty of a petty offense as provided in § 27-302.
27-318. Abandoned and inactive mines to be secured; inspector authority;
violation; classification
A. Every mine operator or former mine operator or claimant who
owns a mine or mining claim or possesses a mine or mining claim under lease,
contract, permit or otherwise, who knowingly permits the existence on the
premises of an abandoned or inactive mining shaft, portal, pit or other excavation
which is dangerous to persons legally on the premises, who fails to cover, fence,
fill or otherwise secure it and post warning signs, within sixty days of notification
by the inspector and who fails to keep it so protected is guilty of a class 2
misdemeanor. If it is impossible or impracticable to comply with this subsection
within the required sixty days, the operator may submit a written plan of action to
the inspector which specifically outlines the measures that will be taken and the
number of additional days necessary to comply with this section. In no case may
the time extension granted by the inspector exceed an additional one hundred
eighty days.
B. The inspector may enter on such land to inspect for dangerous
conditions which may present a health and safety hazard to the public. If hazards
exists, the inspector may erect warning signs across or near the entrance of any
mine shaft, portal, pit or other mine opening prohibiting the entry of unauthorized
persons or erect other protective devices as necessary.
C. If the mine operator cannot be located through reasonable efforts,
the owner of record is the responsible party for the purposes of this section. If
neither the mine operator or owner of record can be located through reasonable
efforts, the inspector shall erect warning signs across or near the entrance of any
mine shaft, portal, pit or other mine opening prohibiting entry of unauthorized
persons or erect other protective devices as necessary.
D. A person who knowingly and without authority removes, destroys
or tampers with any warning sign, covering, fencing or other protection placed
on, around or over any shaft, portal or other excavation is guilty of a class 6
felony.
ARTICLE 2. EXPLOSIVES AND BLASTING
27-321. Explosives; records; inspection
A. Every person manufacturing, storing, selling, transferring or in any
manner disposing of explosives or blasting agents, shall keep an accurate record
of all such transactions and the date thereof, disclosing the amount of each
explosive received, from whom received , when received, disposition made of the
explosive with the amount thereof, and the name of the person to whom delivery
was made, who shall receipt therefor.
B. The record shall at all times be open to inspection by the inspector
or any peace officer engaged in investigating a crime.
27-322. Explosives; marking; utilization and storage
A. All explosives or blasting agents sold in the state shall be marked
with the date of manufacture in the manner prescribed by the inspector. The
inspector shall have authority to designate types of explosives or blasting agents
which may not be sold or used after twelve months from the date of manufacture.
B. The inspector may regulate and limit the amount of explosives or
blasting agents stored or kept in general supply stores in mining camps or mining
towns where there is no law governing storage thereof.
27-323. Explosives; rules and regulations; access to operations
A. The inspector shall prescribe and promulgate rules in accordance
with the provisions of this chapter pertaining to storing, transporting and using
explosives and blasting agents in operations, including the character and location
of magazines and other structures in which they are stored and the conditions
under which they may be transported and designating types of explosives and
blasting agents which shall not be stored or used in operations or portions of
operations.
B. The inspector shall be accorded free access to any operation in or
on which explosives or blasting agents are stored, for the purpose of determining
whether magazines and storage facilities conform to law and the rules prescribed
and to ascertain that life and property are not endangered by the storage thereof.
27-324. Blasting
Before firing blasting charges, the blasting crew shall clear the vicinity
surrounding the blast site of all personnel, make provisions to guard all means of
access to the area, and give warning in every direction from which access may be
had to the place where blasting is being done. Misfire holes shall be reported to
the mine foreman or the shift boss in charge at the locality of the holes.
27-325. Use of tamping bar
No person shall, whether working for himself or in the employ of another,
while loading or charging a hole with explosives, use or employ a metal tamping
bar, nor shall any person allow or permit the use of a metal tamping bar while
loading or charging a hole by employees under his management or direction.
ARTICLE 3. HOISTS, SHAFTS AND UNDERGROUND OPERATIONS
27-341. Escapement shafts
A. Every operator maintaining in a mine a vertical or incline shaft or
an adit to a distance greater than one hundred feet and who has drifted a distance
of two hundred feet or more and commenced to stope, shall provide and maintain
to the hoisting shaft or opening through which men are let into or out of the mine,
and where the ore is extracted, a separate escapement shaft, raise or opening, or
an underground opening, or communication with another contiguous mine. If the
contiguous mine is owned or operated by a different person, the right to use the
outlet through the contiguous mine, in all cases when necessary, or in case of
accident shall be secured and kept in use.
B. Where an escapement shaft or opening is not in existence at the
time stoping is commenced, work upon an escapement shaft or opening shall be
commenced as soon as stoping begins and diligently prosecuted until completed,
and the escapement shaft, raise or opening shall be continued to and connected
with the lowest workings in the mine in which mining operations are being
conducted.
C. The escapement shaft or exit shall be of sufficient size to afford an
easy passageway, and if it is a raise or shaft, shall be provided with substantial
ladders from the deepest workings to the surface.
D. When the exit or outlet is not in a direct or contiguous course,
signboards plainly marked showing the direction to be taken shall be placed at
each departure from the continuous course.
27-342. Mine outlets
Every mine shall have at least two outlets to the surface except as
otherwise provided in this article. The outlets shall not lead to the surface in the
same house and shall not at any point be closer to one another than thirty feet. If
two outlets of a mine or part of them do not belong to the same mine, the owners
and the operators of the respective mines shall be responsible for the outlet or part
of it in their respective mines, being kept in proper repair. Should any obstruction
arise in an outlet, or anything occur in one of the mines to jeopardize the safety of
the outlet , the occurrence shall be immediately reported to the operator of the
other mine. If either of the two outlets or part of them is situated in an abandoned
mine, the operators of the working mine shall be jointly and severally responsible
for the proper maintenance and repair of the outlet.
27-343. Structures over mine outlet
A. No structure shall be erected over an outlet of a mine except the
headframe necessary for hoisting from a shaft and the hatch or door necessary for
hoisting from a shaft and the hatch or door required to protect persons obligated
to work at the top of a shaft from inclement weather, and if a house is required for
this purpose the inspector may grant permission in writing for its construction.
Such house shall be as small as possible and constructed of fire resistance
material . Regular storage of flammable material inside, or within thirty feet of the
house is prohibited.
27-344. Timbering support
A. Minimum standards for proper timbering or other ground support
of any working place shall be suitable to the conditions of the mining system.
When necessary such standards shall be set by the inspector after consultation
with the operator involved.
B. When any working place has dangerous or hazardous ground no
work shall be done there except as shall be necessary to make the place secure
and safe.
If for any reason necessary timbers cannot be supplied immediately, all work
done shall cease until such timbers can be supplied.
C. “Timber” as used in this section shall mean wood, steel, concrete,
rock bolts, sand fill, rock fill or any other material or device used for bracing,
supporting or restraining ground.
27-345. Shelter areas
On every level of an underground mine where mechanical haulage is
employed and in which there is not sufficient clearance for employees,
unobstructed shelter areas in which employees can find safety from moving trains
shall be provided at intervals of not more than two hundred feet.
27-346. Ladder-ways
Every shaft, winze, raise or incline, of slope steeper than forty degrees
from the horizontal, and deeper than forty feet, through which persons are obliged
to travel, shall be equipped with a suitable ladder-way.
27-347. Construction of ladder-ways
A. Permanent ladder-ways shall be strong and firmly fastened, and
shall be kept in good repair.
B. In a vertical shaft the inspector may, in his discretion, by an order
in writing, direct that the ladder be inclined at the most convenient angle which
the space where the ladder is fixed allows, and every ladder shall have substantial
platforms at intervals of not more than twenty feet. The platform shall be closely
covered, with exception of an opening large enough to permit the passage of a
human, and shall be arranged so that a person cannot fall from a ladder through
the opening to the next ladder.
C. Ladder-ways shall be provided in shafts in the course of sinking
them to within a distance from the bottom as will secure them from damage by
blasting.
From the end of the ladder-ways, portable ladders shall be extended to the bottom
of the shaft.
27-348. Shaft stations
Stations or levels shall have a passageway around the working shaft so
that crossing over the hoisting compartments may be avoided. Sumps shall be
securely covered. At shaft stations a gate or guard rail shall be provided and kept
in place across the shaft, except when a cage, skip or bucket is being loaded, but
may be temporarily removed for repairs or other operations if proper precaution is
taken to prevent danger to persons. The top of the shaft shall be protected by a
substantial gate or guard rail.
27-349. Tracks and roadbeds; maintenance underground
When mechanical haulage is in an underground mine, the tracks,
roadbeds, rails, joints, switches and frogs shall be constructed, installed, bonded
and maintained in a manner consistent with the speed and type of haulage
operation being conducted.
27-350. Lights; trolley wires
A. Stationary lights which are approved by the inspector shall be
provided during working hours at all stations in shafts during the time such shafts
are in actual use, and at all stations in levels where hoisting or hauling is
conducted by means of machinery, and at night at all working places on the
surface
B. Electric trolley wires shall be at least seven feet above the floor.
27-351. Hoists; operator; indicator
A. No person addicted to intoxicating liquors or drugs, or under
eighteen years of age shall be employed as a hoisting engineer.
B. All power hoisting machinery used in hoisting from or lowering
employees and materials into mines, except for prospect shafts not exceeding
three hundred feet in depth, shall be equipped with an indicator placed near and in
clear view or hearing of the engineer. The indicator shall be in addition to marks
on the rope, cable or drum.
C. It is unlawful to hoist or lower persons from or into a mine at a
speed greater than fifteen hundred feet per minute, but the inspector may
designate a lesser speed than fifteen hundred feet per minute in a shaft, if in his
opinion a greater speed is unsafe, or a greater speed if in his opinion particular
shafts and hoist conditions so warrant.
27-352. Inspection and construction of hoists
A. Hoisting machinery, cables and sheaves shall be inspected once
every twenty-four hours by a competent person appointed by the operator for that
purpose, and the person making the inspection shall immediately report in writing
to the operator all defects found.
B. Ropes or cable used for hoisting purposes shall be of approved
quality and manufacture. In shafts and winzes over two hundred feet deep, wire
ropes or cables only shall be used for hoisting purposes.
C. Head frames where persons are hoisted at a speed of over two
hundred fifty feet per minute and where more than twenty-five persons are
employed shall be constructed to allow at least twenty-five feet above the hoist
landing stage in which the cage, skip or bucket can travel freely in case of an
overwind.
27-353. Safety cage and catches
A. It is unlawful for the operator of a mine to permit hoisting or
lowering persons in a shaft deeper than three hundred feet except shafts in
progress of sinking, unless an iron-bonnetted safety cage equipped with gates at
least five feet in height is used for hoisting and lowering the persons. Every cage
or skip used for hoisting persons shall be provided with a safety catch of
sufficient strength to hold the cage or skip with its maximum load at any point in
the shaft in the event the hoisting cable breaks. The inspector shall require that
cages and skips be equipped as required by this section and that on all cages the
safety catches are kept well oiled and in good working condition.
B. In a shaft less than three hundred feet deep where no safety cage is
used, and where cross-heads are used, platforms for employees to ride upon
equipped with safety catches as required for cages and skips shall be removed.
C. Skips, the capacity of which exceeds five tons, running on steel
guides in shafts designed primarily for the hoisting of rock, need not be equipped
with safety catches. Such skips, however, shall be equipped with a platform and
bonnet for the protection of the persons, who, as provided in this article, may
legally ride the skips. Only persons engaged in shaft maintenance, pumpmen,
skiptenders, supervisors and inspectors shall be permitted to be hoisted or lowered
in such skips. No person, including those specifically mentioned in this
paragraph, shall be permitted to ride a loaded skip.
27-354. Cross-heads; buckets
A. Vertical shafts more than two hundred feet deep from which
hoisting is done by a bucket shall be provided with suitable guides, and with the
bucket a cross-head traveling upon the guides shall be provided. The height of the
cross-head shall be at least one and one-half times its width. If the cross-head is a
type not secured to the hoisting rope, a stopper of a design approved by the
inspector shall be securely and rigidly fastened to the hoisting rope at a suitable
point above the rim of the bucket. The number of persons permitted to ride on the
deck of a cage, or, in or on a skip or bucket, shall be determined by the inspector
and no more than that number shall be allowed to ride.
B. No persons shall ride upon a cage or in or on a skip or bucket when
it is loaded with rock or ore, or when loaded with tools, timber, powder or other
material, except for the purpose of assisting in passing it through the shaft.
27-355. Hoisting tools and materials
A. When tools, timber or other materials are loaded or hoisted in the
shaft, the ends, if projecting above the top of the bucket, skip or other vehicle,
shall be securely fastened to the hoisting rope or to the upper part of the vehicle,
and tools, timber or other materials loaded erectly upon a cage shall be securely
lashed before they are hoisted or carried.
B. No cage, skip, bucket or other vehicle shall be lowered directly to
the bottom of a shaft fifty feet or more in depth where persons are working, but
shall be stopped at least fifteen feet above the bottom until the signal to lower
further has been given by one of the persons at the bottom of the shaft.
27-356. Protection from falling materials
A. Persons engaged in sinking a shaft in which regular hoisting from
an upper level is going on, shall be protected from the danger of falling material
by a suitable covering, with a sufficient opening left in the covering for the
passage of the bucket or conveyance used in the sinking operation.
B. In shafts, winzes or raises where two or more crews are working,
one crew above another, there shall be a bulkhead or other barrier between each
two crews strong enough to stop tools or other material that may fall from the
persons working above, and only the cage, skip or bucket compartment shall be
left open.
C. Shafts or winzes shall have a bulkhead over the persons working in
the bottom of the shaft or winze built of timber not less than six inches in
thickness, not more than fifty feet above the bottom of the shaft or winze , to
provide ample protection for the persons working in the bottom of the shaft or
winze, and so constructed as not to shut off the air circulation. The cage, skip or
bucket compartment only shall be left open. Shafts or winzes shall be cleaned
down below the bulkhead after each blasting.
D. Windlasses and winzes shall be provided with a suitable plug or
some other reliable device to prevent the bucket or other conveyance running
back.
E. No open hook shall be used with a bucket in hoisting, but only
some approved form of safety hook or shackle hook.
27-357. Hoist release signal
A. At a mine where men are hoisted by mechanical means, a hoistman
charged with the hoisting shall be kept on duty at the hoist at all times when men
are underground, except as provided in subsection B.
B. The requirements of subsection A shall not apply to an automatic
hoist equipped with the following devises:
1. A device with automatically cuts off the power to the hoist motor
and sets the brakes when the hoist ropes of a winding-drum machine becomes
slack, and safety dogs or devices on the cage which will stop the cage in the event
of slack rope or a broken hoisting cable.
2. A governor which will prevent unsafe speeds and a device to set
the brakes and stop the cage if the if the safe speed is exceeded.
3. Devices which will reduce the speed of the cage before the
approximate stopping points so that it can be stopped properly.
4. A manually operated safety switch and other device by means of
which the cage may be stopped, started or directed to another level or stopping
point.
5. A call button located at each stop which, when actuated, will cause
the cage to move to that stop providing the gates and gate switches are closed on
all stations.
6. A magnetic brake which will stop the hoist motor and hold the
cage in fixed position whenever the power applied to the hoist motor is removed
or fails.
7. An opening or escape hatch in the cage and a shaft manway with
ladders which may be reached from the cage.
8. A means of signaling or communicating from the cage to a
designated place in the mine or on surface where a responsible person on duty can
be notified in the event of an emergency.
C. An automatic hoist is one that does not require the attendance of a
hoist engineer and in which the hoist cage and shaft are equipped with operating
and safety devices which control the movement of the hoist from the cage and
from all stations or levels.
27-358. Signaling apparatus
A. Every shaft and each compartment thereof used for hoisting which
exceeds fifty feet in depth, and not exempted in writing by the inspector, shall be
provided with an efficient means of interchanging distinct and definite signals
between the top of the shaft and the lowest level from which hoisting is being
done, and the various intermediate levels for the time they are in use.
B. The signaling apparatus shall be either wire or cable actuating a
bell, whistle, speaking tube, telephone, electric or electronic system, or two or
more of them.
C. Only those employees and supervisors authorized by the operator
shall be permitted to ring any shaft or station bells.
27-359. Signal Code
A. The following signal code shall be used in all mines:
1 bell, stop immediately if in motion.
1 bell, hoist muck, after preliminary signal for hoisting muck.
2 bells, lower.
3 bells, raise
3-1 bells, hoist men
3-2 bells, lower men
4 bells, release cage, skip, or bucket to the hoistman.
5 bells, blasting or ready to shoot
(a) The signal for blasting or ready to shoot is a caution signal and if
the engineer is prepared to accept it he shall acknowledge by raising the bucket or
cage a few feet then lowering it again.
(b) After accepting the signal for blasting or ready to shoot, the
engineer shall be prepared to hoist men away from the blast as soon as any signal
is given and shall accept no other signal in the meantime.
6 bells, air on or off
7 bells, danger signal, followed by station signal, calls cage to that station,
and such signal takes precedence over all other signals except an accepted
blasting signal.
B. The following shall be station signals:
1-2 bells, collar of shaft
1-3 bells, 1st level
1-4 bells, 2nd level
1-5 bells, 3rd level
2-1 bells, 4th level
2-2 bells, 5th level
2-3 bells, 6th level
2-4 bells, 7th level
2-5 bells, 8th level
4-1 bells, 9th level
4-2 bells, 10th level
4-3 bells, 11th level
4-4 bells, 12th level
4-5 bells, 13th level
5-1 bells, 14th level
5-2 bells, 15th level
5-3 bells, 16th level
5-4 bells, 17th level
5-5 bells, 18th level
6-1 bells, 19th level
2-1-2 bells, 20th level
2-1-3 bells, 21st level
2-1-4 bells, 22nd level
2-1-5 bells, 23rd level
2-2-1 bells, 24th level
2-2-2 bells, 25th level
2-2-3 bells, 26th level
2-2-4 bells, 27th level
2-2-5 bells, 28th level
2-4-1 bells, 29th level
2-4-2 bells, 30th level
2-4-3 bells, 31st level
2-4-4 bells, 32nd level
2-4-5 bells, 33rd level
2-5-1 bells, 34th level
2-5-2 bells, 35th level
2-5-3 bells, 36th level
2-5-4 bells, 37th level
2-5-5 bells, 38th level
2-6-1 bells, 39th level
4-1-2 bells, 40th level
4-1-3 bells, 41st level
4-1-4 bells, 42nd level
4-1-5 bells, 43rd level
4-2-1 bells, 44th level
4-2-2 bells, 45th level
4-2-3 bells, 46th level
4-2-4 bells, 47th level
4-2-5 bells, 48th level
4-4-1 bells, 49th level
4-4-2 bells, 50th level
C. The station signal shall be given before the hoisting or lowering
signal.
If bells run slowly, move slowly.
D. The engineer shall not move a cage, skip or bucket unless he
understands the signal.
E. One copy of the signal code provided for by this section shall be
posted on gallows frame on each mine, one at each station and one before the
engineer.
F. Special signals may be used if they are easily distinguished by
their sounds, or otherwise, from the code provided for by this section, and do not
interfere with it in any manner.
27-360. Precautions against flooding
A. When advancing a drift, adit, level or incline toward a mine
working that appears to be filled with water, a bore hole shall be kept at least
twenty feet in advance of the breast of the drive and also, if necessary, in
directions laterally from the course of the drive. The working place shall not
exceed ten feet in width and further measures shall be taken which are deemed
necessary by the inspector to obviate the danger of a sudden breaking through of
water. No raise shall be allowed to approach within ten feet of a portion of a
winze or a stope in which there is a dangerous accumulation of water, unless the
winze or stope is first unwatered by bailing or pumping, or by means of bore from
the raise. When in the opinion of the inspector there is danger of a sudden inrush
of water, additional raises, drifts or other workings shall be constructed as
necessary to insure escape of persons from the lower workings. Places for the
storage of water in mines shall be constructed to prevent leakage as far as possible
and insure the safety of the persons working below them.
B. It is unlawful for an operator to impound water or keep water
impounded within a mine in which persons are working below unless the water so
impounded in a manner which endangers the safety of the persons unless the
water is impounded by a dam or wall approved by the inspector. ????
27-361. Common system of drainage; contribution of cost
A. When adjacent or contiguous mines, opened, developed and
worked upon the same or upon separate lodes have a common ingress of water,
or, by reason of subterranean communication of water, have a common drainage,
the operators of the mines shall provide for disposal of their proportionate share
of the drainage, or to prevent the water in the mine from flowing in or upon
neighboring mines.
B. If an operator of such mines fails or neglects to provide for
drainage, and by reason of failure or neglect the operator of an adjacent or
contiguous mine is compelled to pump, drain or otherwise provide for the water
flowing in from the other mine, the operator of the mine in default shall be liable
for the proportion of the actual and necessary cost and expense of pumping,
draining or otherwise providing for such water.
27-362. Order for inspection
A. When an action is commenced to recover the costs and expenses of
draining lodes or mines, the court shall grant an order allowing plaintiff to inspect
the lodes or mines claimed to have been drained upon application and affidavit
that the inspection is necessary for proper preparation of the action for trial.
B. The order shall designate the number of persons, not exceeding
three besides plaintiff, to make the examination and they may cause the removal
of rock, debris or other obstacles in a lode or vein when removal is shown
necessary to a just determination of claim.
27-363. Danger signals; visitors
A. Owners or operators shall place warning signs or other warning
notices at the entrance to working places deemed dangerous, and at the entrance
to old or abandoned workings of active mines, and no person other than those
authorized by the operator, shall remove or go beyond a caution-board, warning
sign or danger signal so placed.
B. Visitors shall not be allowed underground unless accompanied by
the operator or his agent.
27-364. Interfering with equipment
No person shall knowingly:
1. Injure or destroy any equipment or machinery of a mine, nor, unless
authorized to do so. obstruct, open, close or change the position of a ventilation
door, brattice or airway, or handle or disturb any part of the machinery of the
hoisting engine of the mine.
2. Open the door of a mine and neglect to close it.
3. Endanger the mine or those working therein.
4. Disobey a lawful order, or do a willful act whereby the lives, safety or
health of persons working in a mine, the security of a mine, or the machinery
connected therewith, is endangered.
27-365. Regulation of underground use of internal combustion engines
The underground use of any internal combustion engine is declared
unlawful, unless after application filed with the inspector he approves the
equipment for safe use in the type of underground work for which the application
is filed and finds that the atmospheric conditions in the underground workings
where the equipment is to be used are such that the operation of such equipment
will not endanger the health or safety of any employee. If the application is
approved by the inspector, the operation of the designated equipment shall be
lawful only if and so long as it is operated and maintained in accordance with
recommendations made public from time to time by the inspector, and only upon
the condition that when air quality becomes unsafe operation of equipment shall
be stopped by the operator until air quality again becomes safe either by
increasing ventilation or by correcting mechanical imperfections in the
equipment, whichever is found to be the cause of the unsafe quality of the air.
27-366. Maps of underground workings
When ordered by the inspector, the operator of every underground mine
shall make and maintained a reasonably accurate map of the workings of the
mine. At least once every six months or oftener if necessary, the operator shall
make alterations or additions to the map showing excavations made since those
last shown on the map. All parts of the mine which were worked or abandoned
shall be clearly indicated and all underground workings shall be surveyed and
mapped before they become inaccessible. The maps shall at all times be open to
inspection by the inspector.
27-367. Maintenance and use of loading equipment
Mucking machines, sorters and other loading devices shall be maintained
and operated in a safe manner.
27-368. Ventilation; condition of airways; testing
A. Every underground working place shall have a sufficient amount
of ventilation for employees working in such place.
B. In any underground working place where there is danger of a
serious fire, ventilation shall be controlled by mechanical means.
C. The air currents going into underground workings shall have
sufficient volume and velocity to direct and carry away smoke and harmful gases
from blasting and any other gases or dust which might contaminate the
atmosphere.
D. Intake and exhaust airways in underground mines shall be
maintained in good condition and free from obstruction.
E. When the atmosphere in any mine or part of a mine is known to
contain or is suspected of containing any explosive or toxic gas, the operator shall
test it before employees are allowed to work in such mine or part of such mine.
27-369. Evacuation; procedure; routes
Every operator shall have a plan for orderly evacuation in the event of an
emergency. Every evacuation route shall be designated by signs and kept open at
all times.
27-370. Stench warning
A. The operator shall maintain a suitable and sufficient stench
warning that can be introduced into the compressed airlines in case of an
emergency and reach all employees who might be working underground.
B. When the odor from a stench warning is detected by employees or
other persons, they shall immediately leave their working place or other areas
underground, give warning to other employees or persons in their vicinity, and
follow the operator’s evacuation procedure.
27-371. Radon control
Concentrations of radon gas shall not exceed such amounts as may be set
by the inspector.
27-372. Uranium operations; testing for radon daughters
In all uranium operations the operator shall test regularly for radon
daughter concentration and submit such records of testing as may be required to
the inspector.
27-373. Cap lamps
Permissible cap lamps shall be required in all underground mines where
there is a potential hazard from gas.
ARTICLE 4. PREVENTION OF HAZARDOUS DUST AND GAS
CONDITIONS
27-411. Definitions
In this article, unless the context otherwise requires:
1. “Dust prevention practices” includes ventilation, suction or exhaust
methods of removing dust, wet methods for settling dust, and the use of
respirators when the condition or exposure is temporary or intermittent, and other
means of removing or settling dust from mine air as approved by the state mine
inspector.
2. A “hazardous dust or gas condition” shall exist when the breathing
zone of an employee while engaged in the performance of his work contains
higher concentration limits of toxic dust and fumes, mineral dusts, and gases than
specified by the state mine inspector in the rules and regulations. Dust counts
shall be determined in accordance with techniques prescribed by the inspector and
shall be made when necessary.
3. “Respirators” means only those respirators approved by the United
States bureau of mines or which may be approved hereafter by the United States
bureau of mines and by the state mine inspector.
4. “Breathing Zone “, in the case of persons wearing respirators, is
the air space created after the passage of air through the protective device.
27-412. Dust control
A. Every operator shall do everything reasonably within his power to
encourage good practices in the use of any appliances for allaying dust. Each
employee shall use such devices as are furnished by the operator. Employees shall
not be allowed to work in hazardous dust or gas concentrations without approved
respiratory and eye protection.
B. In every operation where employees are exposed to hazardous dust
conditions, some mechanical or other means which will alleviate this condition
shall be used whenever and wherever practical.
C. In dry places where the operation of a power drill produces dust,
such dust shall be controlled either by wet drilling, spraying, or approved dust
catching devices.
ARTICLE 5. OPEN PITS
27-421. Ingress and egress
The operator shall provide a safe means of ingress and egress at every
open pit or any working place.
27-422. Banks
A. Banks and benches shall be suitably trimmed in a manner
consistent with the kind of rock or material, height of banks, and type of
equipment being used.
B. The operator or a supervisor designated by him shall make a daily
inspection of the faces and banks in the working area of any open pit and shall
cause all dangerous material to be dislodged or otherwise made safe
27-423. Tracks, roadbeds and roadways
A. Tracks, roadbeds, rails, joints, switches and frogs on all
haulageways shall be constructed, installed and maintained in a manner consistent
with the speed and type of haulage operations being conducted.
B. Truck haulage roadways shall be constructed and maintained in a
manner consistent with the speed and type of haulage operations being conducted.
Berms shall be installed and maintained where necessary.
27-424. Operation of heavy equipment
A. The operator shall insure that employees operating any heavy duty
equipment such as a locomotive, crane, power shovel, truck, bulldozer, front end
loader or scraper are qualified to operate such equipment.
B. Mobile heavy duty equipment shall be inspected regularly and
maintained in a safe operating condition.
27-425. Open pits; fencing or blocking
Those portions or places of open pits which border on inhabited places
frequented by the public shall be fenced or otherwise blocked off.
ARTICLE 6. SAND AND GRAVEL OPERATIONS
27-441. Safety; rules and regulations
All sand and gravel operations shall be conducted with due regard to
safety.
The inspector shall make rules and regulations to carry out the provisions of this
section and shall designate those sections of article 5 of this chapter which shall
be applicable to sand and gravel operations.
ARTICLE 7. RULES AND REGULATIONS
27-461. Definitions
In this article, unless the context otherwise requires:
1. “Inspector” means the state mine inspector.
2. “Interested parties” means all persons who have filed written
notice with the inspector of their desire to receive the notices provided for in this
article.
27-462. Administration by inspector; rules and regulations
The inspector shall administer this chapter and may adopt rules reasonably
necessary to effectuate the provisions of this chapter.
27-463. Procedure
Except as provided in this article, in adopting rules, the inspector shall
comply with the procedures set forth in title 41, chapter 6, article 1.
27-464. Notice of proposed adoption of rule
At least twenty days prior to the adoption of any rule, copies of the notice
filed with the secretary of state pursuant to § 41-1002 shall be mailed to all
interested parties.
27-469. Exceptions to rules and regulations
In cases where, in the opinion of the inspector, the enforcement of any
order or rule would not materially increase the safety of employees and would
cause undue hardship on an operator, exceptions may be made at the discretion of
the inspector. To be effective such exceptions shall be in writing. Such exceptions
can only be revoked after reasonable notice is given in writing to the operator
concerned.
TITLE 23. LABOR
CHAPTER 2. EMPLOYMENT PRACTICES AND WORKING
CONDITIONS
ARTICLE 5. HOURS OF LABOR
23-282. Underground mine employees and hoisting engineers, eight hour
day; exceptions; violation; classification
A. Employment in mining activities in underground mines and
underground workings is declared injurious to health and dangerous to life and
limb of those employed therein.
B. The period of employment for all persons employed or engaged in
mining activities in underground mines or underground workings or as hoisting
engineers at underground mines shall not exceed eight hours within any twenty-four
hour period and the eight hours shall include the time used in descending to
and ascending from the point or place of work in an underground mine or
underground workings place of work.
C. The period of employment prescribed in subsection B may be
deviated from in the following instances:
1. In an emergency, where life or property is in imminent danger, the
period of labor prescribed in subsection B may be prolonged during the
continuance of the emergency.
2. The hours of employment may be changed from one part of the
day to another at stated periods, the change not to occur more than once in any
two weeks, and the employment may be for more than eight hours during the day
in which the change is made.
D. Any person violating any provisions of this section, and any
person who, as foreman, manager, superintendent, director, or officer of a
corporation, or as employer or superior officer of any person, knowingly
commands, persuades, or allows any person to violate any provisions of this
section is guilty of a class 2 misdemeanor.
E. Each day this section is violated constitutes a separate offense.
ARTICLE 12. SAFETY CONDITIONS FOR ELEVATORS AND SIMILAR
CONVEYANCES
23-491. Definitions
In this article, unless the context otherwise requires:
1. “Authorized representative” means the elevator chief and elevator
inspector employed by the division.
2. “Board” means the elevator advisory board established to assist the
commission in drafting standards and regulations.
3. “Commission” means the industrial commission of Arizona.
4. “Conveyance” means an elevator, dumbwaiter, escalator, moving
walk, manlift, personnel hoist, material hoist, stage lift and special purpose
personnel elevator, excluding conveyances located at mines and subject to the
provisions of title 27, chapter 3.
5. “Director” means the director of the division of occupational safety
and health.
6. “Division” means the division of occupational safety and health of
the industrial commission.
7. “Dumbwaiter” means a hoisting and lowering mechanism with a
car of limited capacity and size which moves in guides in a substantially vertical
direction and is used exclusively for carrying material.
8. “Elevator” means a hoisting and lowering mechanism with a car or
platform which moves in guides in a substantially vertical direction and which
serves two or more floors of a building or structure.
9. “Escalator” means a power driven, inclined continuous stairway
used for raising or lowering passengers.
10. “Interested party” means the commission and its agents and the
owner or operator who has been issued a correction order.
11. “Manlift” means a device consisting of a power driven endless belt
moving in one direction only and provided with steps or platforms and attached
handholds for the transportation of personnel from floor to floor.
12. “Materials hoist” means a hoist for raising and lowering material
only and prohibiting the hoisting of persons.
13. “Moving walk” means a type of passenger carrying device on
which passengers stand or walk and in which the passenger carrying surface
remains parallel to its direction of motion and is uninterrupted.
14. “Owner” or “operator” means an individual or organization
including this state and all political subdivisions of this state who has title to,
controls or has the duty to control the operation of one or more conveyances, but
shall not include an individual or organization engaged in mining or metallurgical
operations whose operation is subject to regulation and inspection by the state
mine inspector pursuant to the provision of title 27, chapter3.
15. “Personnel hoist” means a mechanism for use in connection with
the construction, alteration, maintenance or demolition of a building, structure or
other work, used for hoisting and lowering workers and materials and equipped
with a car that moves on guide members during its vertical movement. The term
includes a hoistway of a personnel hoist.
16. “Special purpose personnel elevator” means a passenger, hand
powered, counterweighted device or an electric powered device which travels
vertically in guides and serves two or more landings.
17. “Stage lift” means a hoisting and lowering mechanism equipped
with a platform which moves in guides in a substantially vertical direction and
which serves one or more landings.
TITLE 45. WATERS
CHAPTER 3. DAMS AND RESERVOIRS
ARTICLE 1. SUPERVISION OF DAMS, RESERVOIRS AND PROJECTS.
45-701. Definitions
In this article, unless the context otherwise requires:
1. “Dam” means any artificial barrier, including appurtenant works
for the impounding or diversion of water except those barriers for the purpose of
controlling liquid borne material, twenty-five feet or more in height or the storage
capacity of which will be more than fifty acre feet, but does not include any such
barrier which is or will be less than six feet in height, regardless or storage
capacity, or which has or will have a storage capacity not in excess of fifteen acre
feet, regardless of height.
2. “Height” means the vertical distance from the lowest elevation of
the outside limit of the barrier at its intersection with the natural ground surface to
the spillway crest elevation.
3. “Owner” includes any person or entity who owns, controls,
operates, maintains, manages or proposes to construct or modify a dam, except
the United States government and its agents or instrumentalities, if a safety
program at least as stringent as the state program is applicable to and enforced
against such agent or instrumentality.
4. “Person” means any person, firm, association, organization,
partnership, business trust, corporation, company or district.
5. “Storage Capacity” means the means the maximum volume of
water that can be impounded by the reservoir when there is no discharge of water.
TITLE 13. CRIMINAL CODE
CHAPTER 15. CRIMINAL TRESPASS AND BURGLARY
13-1534. Criminal Trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
3. Entering unlawfully on real property subject to a valid mineral claim or
lease with the intent to hold, work, take or explore for minerals on such claim or
lease.
ARTICLE 1. GENERAL PROVISIONS
R11-1-001.
Reserved
R11-1-100.
R11-1-101. Mine inspector and deputies, qualifications and duties
See A.R.S. §§ 27-121 through 27-127 inclusive, 27-141, and 27-461
through 27-464 inclusive.
R11-1-102.
Reserved
R11-1-120.
R11-1-121. Definitions
Definitions: In these rules, unless the context otherwise requires, the
following definitions apply:
1.“Acid plant” means any operation that manufactures sulphuric acid.
2.“Adequate” means sufficient, safe, reasonable and feasible for intended
use.
3.“American Conference of Governmental Industrial Hygienists” means
the “Documentation of the Threshold Limit Values for Substances in Workroom
Air”, third edition, adopted by ACGIH for 1971, and Supplements for those
Substances Added or Changed Year 1978(V), pages 453 through 476.
4.“American National Standard Specification for Sound Level Meters”
means ANSI Standard 1.4-1971 (R1976), approved April 27, 1971.
5.“American National Standard Practices for Respiratory Protection”
means ANSI Standard Z88.2-1969, approved August 11, 1969.
6.“American National Standard Safety Code for Elevators, Dumbwaiters,
Escalators and Moving Walks” means ANSI Standard A17.1-1978 and ANSI
17.1a-1979, approved February 15, 1979.
7.“American Table of Distances” means the April 1977 edition of “The
American Table of Distances for Storage of Explosives” published by the Institute
of Makers of Explosives.
8.“Approved” means tested and accepted for a specific purpose by a
nationally recognized agency.
9.“Authorized person” means a person approved or assigned by mine
management to perform a specific type of duty or duties or to be at specific
location or locations in the mine.
10.“Competent person” means a person having abilities and experience to
qualify him to perform the duty to which he is assigned.
11.“Compressed air receivers” means any vessels of 100 cubic foot
capacity or more which are used for the purpose of receiving and holding
compressed air.
12.“Conveyance” means an elevator, dumbwaiter, escalator, moving walk,
manlift, personnel hoist, material hoist, stage lift, and special purpose personnel
elevator located at mines.
13.“Dam” means any artificial barrier, including appurtenant works, for
the purpose of controlling liquid borne material.
14.“Flammable” means capable of being easily ignited and of burning
rapidly.
15.“Flammable liquid” means a liquid having a flash point below 100°F
and having a vapor pressure not exceeding 40 P.S.I. (absolute) at 100°F.
16.“Imminent danger” means any conditions or practices in any place of
employment which are such that a danger exists which could reasonably be
expected to cause death or serious physical harm immediately or before the
imminence of such danger can be eliminated through the enforcement procedures
otherwise provided by this Article.
17.“Leaching” means vat leaching, dump leaching and leaching of ore in
place.
18.“National Electrical Code” refers to the code as adopted by the
National Fire Protection Association and the American National Standard
Institute as NFPA 70-1978 (ANSI).
19.“National Electrical Safety Code” means ANSI Standard C2-1977
Edition.
20.“Powder chest” means a substantial, nonconductive portable container
equipped with a lid and used at blasting sites for explosives other than blasting
agents.
21.“Suitable” means that which fits, and has the qualities or qualifications
to meet a given purpose, occasion, condition, function, or circumstance.
22.“Working level (WL)” means any combination of the short lived radon
daughters in one liter of air that will result in ultimate emission of 1.3 x 10 5 MeV
(million electron volts) of potential alpha energy, and exposure to these radon
daughters over a period of time is expressed in terms of “working level months”
(WLM). Inhalation of air containing a radon daughter concentration of 1WL for
173 hours results in an exposure of 1 WLM.
23.“Working places” means any place in or about a mine where work is
being performed.
R11-1-122
Reserved
R11-1-129
R11-1-130. Error or omission in these rules and regulations
No error or omission in these rules and regulations shall be construed as
permitting any unsafe, unhealthy or unsanitary condition to exist.
R11-1-131. General provisions
The provisions of Title 27, Chapter 3, Arizona Revised Statutes, are
applicable to and will be enforced in all operations subject to the jurisdiction of
the State Mine Inspector unless the type of operations specifically designated in a
particular statute or is exempted from a particular statute by its terms, or unless a
particular statute or statutes are inapplicable to certain types of operations.
R11-1-132. Application of rules
These rules are applicable to and will be enforced in all operations subject
to the jurisdiction of the State Mine Inspector unless the terms of the rule or the
heading of the section indicates that a rule or rules will apply only to certain types
of operations.
R11-1-133. Potable water
Potable water shall be available to all employees during working hours.
R11-1-134. Employee responsibility for equipment
Employees operating equipment are responsible for the safe and proper
operation of the equipment they use.
R11-1-135. Report unsafe conditions
It is the responsibility of each employee to report to his supervisor any
unsafe condition he may see which can cause injury or damage property.
R11-1-136. Reporting of accidents and injuries
A. Where, in or about a mining operation, an accident occurs, it shall be reported
promptly to supervisor in charge.
B. The State Mine Inspector’s office shall be immediately notified of:
1. Any accident or injury to an individual resulting in death, or which
has reasonable potential to cause death; and, or
2. An entrapment of an individual for more than thirty minutes; and,
or
3. An unplanned inundation of a mine by a liquid or gas; and, or
4. An unplanned ignition of a blasting agent or explosive.
C. The State Mine Inspector’s office shall be notified within ten days
of any accident or injury to an individual that, in the opinion of the attending
physician, may result in the injured person being incapacitated for regular work
for at least one day beyond the day of injury.
R11-1-137. Reserved
R11-1-138. Warnings from unusual hazards
Warning signs and/or lights, ropes and temporary guards shall be placed in
order to give adequate warning from all unusual hazards.
R11-1-139. Sufficient illumination
Illumination sufficient to provide safe working conditions shall be
provided in and on all working places. Individual electric lamps shall be carried
for illumination by all persons underground.
R11-1-140. Good housekeeping
Passageways, work places, service rooms and storage areas shall be kept
clean, orderly and in a safe condition.
R11-1-141. New employees.
New employees shall be indoctrinated in safety rules and safe work
procedures.
R11-1-142. Emergency telephone numbers
Emergency telephone numbers shall be posted at appropriate telephones.
R11-1-143. Conditions for employees working alone
No employee shall be assigned or allowed or be required to perform work
alone in any area where hazardous conditions exist that would endanger his safety
unless he can communicate with others, can be heard, or can be seen.
R11-1-144. Records of men working below surface
Each operator of an underground mine shall establish a check-in and
check-out system which shall provide an accurate record of persons in the mine.
These records shall be kept on the surface in a place chosen to minimize the
danger of destruction by fire or other hazards. Every person underground shall
carry a positive means of being identified.
R11-1-145. Injured persons
Arrangements shall be made in advance for obtaining emergency medical
assistance and transportation for injured persons.
R11-1-146. Instruction of employees
All employees shall be instructed at least once each calendar year on fire
alarm signals and applicable procedures to be followed in case of fire or other
emergency. Records of instructions shall be kept for two years.
R11-1-147. Training in first aid
All supervisors shall be trained in first aid. First aid training shall be made
available to all interested employees.
R11-1-148. Overcrowding facilities.
Facilities used to transport persons to and from work areas shall not be
overcrowded.
R11-1-149. Safe means access
Safe means of access shall be provided and maintained to all working
places.
R11-1-150. Toilet facilities
A. Toilet facilities shall be provided at locations that are compatible
with the mine operations and that are readily accessible to mine personnel.
B. The facilities shall be kept clean and sanitary. Separate toilet
facilities shall be provided for each sex except where toilet rooms will be
occupied by no more than one person at a time and can be locked from the inside.
R11-1-151. Mine employment quarterly report
A. Each mining operation shall submit a Mine Employment Quarterly
Report to the State Mine Inspector’s office with 15 days after the end of each
calendar quarter.
B. Report will include the following information:
1. Operation name and county.
2. Operating company name and address.
3. Name and phone number of person submitting report
4. Number of reportable injuries or illnesses during the quarter.
5. For each operation sub-unit:
a. Average number of persons working
b. Total employee hours worked.
R11-1-152. Rehearing or review of decision
A. Except as provided in subsection G, any party in a contested case
before the Office of State Mine Inspector who is aggrieved by a decision rendered
in such case may file with the Office of State Mine Inspector, not later than ten
(10) days after service of the decision, a written motion for rehearing or review of
the decision specifying the particular grounds thereof. For purposes of this
subsection a decision shall be deemed to have been served when personally
delivered or mailed by certified mail to the party at his last known residence or
place of business.
B. A motion for rehearing under this rule may be amended at any time
before it is ruled upon by the Office of State Mine Inspector. A response may be
filed within ten (10) days after service of such motion or amended motion by any
other party. The Office of State Mine Inspector may require the filing of written
briefs upon the issues raised in the motion and may provide for oral argument.
C. A rehearing or review of the decision may be granted for any of
the following causes materially affecting the moving party’s rights:
1. Irregularity in the administrative proceedings of the agency
or its hearing officer or the prevailing party, or any order or abuse of discretion,
whereby the moving party was deprived of a fair hearing;
2. Misconduct of the Office of State Mine Inspector or its
hearing officer or the prevailing party;
3. Accident or surprise which could not have been prevented
by ordinary prudence;
4. Newly discovered material evidence which could not with
reasonable diligence have been discovered and produced at the original hearing;
5. Excessive or insufficient penalties;
6. Error in the admission or rejection of evidence or other
errors of law occurring at the administrative hearing;
7. That the decision is not justified by the evidence or is
contrary to law.
D. The office of the State Mine Inspector may affirm or modify the
decision or grant a rehearing to all or any of the parties and on all or part of the
issues for any of the reasons set forth in subsection C. An order granting a
rehearing shall specify with particularity the ground or grounds on which the
rehearing is granted, and the rehearing shall cover only those matters so specified.
E. Not later than ten (10) days after a decision is rendered, the Office
of State Mine inspector may on its own initiative order a rehearing or review of
its decision for any reason for which it might have granted a rehearing on motion
of a party. After giving the parties or their counsel notice and an opportunity to be
heard on the matter, the Office of State Mine Inspector may grant a motion for
rehearing for a reason not stated in the motion. In either case the order granting
such a rehearing shall specify the ground therefor.
F. When a motion for rehearing is based upon affidavits, they shall be
served with the motion. An opposing party may within ten (10) days after such
service serve opposing affidavits, which period may be extended for ran
additional period not exceeding twenty (20) days by the Office of State Mine
Inspector for good cause shown or by written stipulation of the parties. Reply
affidavits may be permitted.
G. If in a particular decision the Office of State Mine Inspector makes
specific findings that the immediate effectiveness of such decision is necessary
for the immediate preservation of the public peace, health and safety and that a
rehearing or review of the decision is impracticable, unnecessary or contrary to
the public interest, the decision may be issued as a final decision without an
opportunity for rehearing or review. If a decision is issued as final decision
without an opportunity for rehearing, any application for judicial review of the
decision shall be made within the time limits permitted for applications for
judicial review of the Office of State Mine Inspector’s final decision.
H. For purposes of this section the terms “contested case” and “party”
shall be defined as provided in A.R.S. § 41-1001.
I. To the extent that the provisions of this rule are in conflict with the
provisions of any statute providing for rehearing of decisions of the Office of
State Mine Inspector, such statutory provisions shall govern.
R11-1-153.
Reserved
R11-1-199.
ARTICLE 2. EXPLOSIVES AND BLASTING
The rules in this Article are adopted in accordance with the provisions of Article
VII, Chapter 3, Title 27, Arizona Revised Statutes, and A.R.S. §§ 27-304, 27-305,
27-321, 27-322, 27-323, 27-324, and 27-325.
R11-1-200.
Reserved
R11-1-210.
R11-1-211. Smoking, matches, open flames prohibited in specified areas
Smoking, matches, open flames, spark-producing devices and carrying of
firearms or ammunition shall be prohibited in or within 50 feet of the following
areas:
1. Explosive and blasting supply magazines.
2. Blasting agent and oxidizer storage sites.
3. Blasting agent mixing plants (fixed or mobile).
4. Vehicles transporting explosives, blasting agents or oxidizers.
5. Blasting sites, except for approved means of firing blasts.
R11-1-212. Transporting explosives
No persons shall drive, load, or unload a vehicle transporting explosives,
blasting agents, or oxidizers in a careless or reckless manner.
R11-1-213. Precautions governing use, transportation and handling
The precautions, rules and regulations governing the use, transportation
and handling of explosives shall apply to all blasting agents except as otherwise
expressly provided herein.
R11-1-214. Repair of vehicles containing explosives
Vehicles containing explosives or detonators shall not be taken to a repair
garage or shop for any purpose.
R11-1-215. Unattended vehicles containing detonators or other explosives
Vehicles containing detonators or explosives, other than blasting agents,
shall not be left unattended except in blasting areas where loading or charging is
in progress.
R11-1-216. Notification to men responsible for operating hoists and cages
Men responsible for operating the hoist, and cages shall be notified
whenever explosives or detonators are being transported in a shaft conveyance.
R11-1-217. Hoisting stopped
Hoisting in adjacent shaft compartments shall be stopped when explosives
or detonators are being handled.
R11-1-218.
Reserved
R11-1-220.
R11-1-221. Definitions - explosives
A. BLASTING AGENT: Shall mean any material or mixture
consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as
an explosive, and of which none of the ingredients are classified as an explosive,
provided that the finished product, as mixed and packaged for use or shipment,
can not be detonated when unconfined by means of a No. 8 test blasting cap. This
test should be conducted at a temperature range between 70° and 75° F.
Note 1. A No. 8 test blasting cap is one containing 2 grams of a mixture of 80%
mercury fulminate and 20% potassium chlorate, or a cap of equivalent strength.
Note 2. Nitro Carbo Nitrate. This term applies to any blasting agent which has
been classified as nitro carbo nitrate under the Department of Transportation
Regulations, and which is packaged and shipped in compliance with the
regulations of the Department of Transportation.
B. EXPLOSIVES: The term “explosive” or “explosives” shall
mean any chemical compound, mixture or device, the primary or common
purpose of which is to function by explosion, i.e., with substantially instantaneous
release of gas and heat, unless such compound, mixture or device is otherwise
specifically classified by the Department of Transportation. The term
“explosives” shall include all material which is classified as Class A, Class B, and
Class C explosives by the Department of Transportation.
Note 1. Classification of explosives by the United States Department of
Transportation is as follows:
1. CLASS A EXPLOSIVES: Possessing detonating hazards; such as
dynamite, nitroglycerin, TNT, black powder blasting caps and cast detonating
primers and boosters.
2. CLASS B EXPLOSIVES: Possessing flammable hazard; such as
propellant explosives, including some smokeless propellants.
3. CLASS C EXPLOSIVES: Includes certain types of manufactured
articles which contain Class A or Class B explosives, or both, as components but
in restricted quantities.
4. FUELS: A fuel is a substance which may react with the oxygen in
the air or with the oxygen yield by an oxidizer to produce combustion.
5. MAGAZINE: Shall mean any building or structure, other than an
explosives manufacturing building, approved for the storage of explosives.
6. OXIDIZER: An oxidizer is a substance such as a nitrate that
yields oxygen readily to stimulate the combustion of organic matter or other fuel.
R11-1-222.
Revised
R11-1-230
R11-1-231. Storage of explosives
A. All Class A, Class B, Class C explosives shall be kept in
magazines which meet the requirements of this section. This shall not be construed
as applying to fuse lighters, fuse igniters, and safety fuses (slow-burning type
containing a core of black powder).
B. Detonators shall not be stored in the same magazine with other
explosive materials.
R11-1-232. Reserved
R11-1-233. Location of magazines
Magazines shall be detached structures located away from power lines,
fuel storage areas, possible sources of fire and from inhabited buildings, public
highways, passenger railways and other magazines in conformity with the
American Table of Distances for Storage of Explosives as Revised and Approved
by The Institute of Makers of Explosives.
R11-1-234. Construction of magazines
A. Magazines shall be constructed in conformity with the provisions
of this section, or may be of substantially equivalent construction. Magazines for
the storage of Class A. explosives, other than black powder, shall be reasonably
bullet-resistant, weather-resistant, fire-resistant, theft-resistant and ventilated.
B. Magazines shall be posted with warning signs so located that a
bullet passing through the face of the sign will not strike the magazine.
C. Ground around magazines shall slope away for drainage. The land
surrounding magazines shall be kept clear of brush, dried grass, leaves and other
combustible materials for a distance of at least 25 feet, and other unnecessary
combustible materials for a distance of not less than 50 feet.
D. Field magazines shall not be provided with heat or artificial lights,
except that if artificial lights are necessary, an electric safety flashlight or safety
lantern shall be used.
E. Magazines shall not be grounded, but have an overhead lightning
protective system that is in no way connected to the magazine.
R11-1-235. Construction of Class I magazines
A. Class I magazines shall be of masonry or wood covered with sheet
metal, or of metal construction; or a combination of these types. Hollow masonry
units used in construction required to be bullet-resistant shall have all hollow
spaces filled with a dry sand/cement mix or well-tamped sand. Wood constructed
walls required to be bullet resistant shall have at least a six-inch space between
interior and exterior sheathing, and the space between sheathing shall be filled
with well-tamped sand or sand/cement mix. Metal wall construction, when
required to be bullet-resistant, shall be lined with at least a four-inch thickness of
brick, masonry, hardwood or sand.
B. Floors and roofs of masonry magazines may be of wood
construction. Wood floors shall be tongue-and-grooved lumber having a
minimum thickness of 3/4 inch. Roofs required to be bullet-resistant shall be
protected by four inches of hardwood or by a sand tray located at line of eaves
and covering the entire area except that necessary for ventilation. Sand in the sand
tray shall be maintained at a depth of not less than four inches.
C. All wood at the exterior of magazines, excluding eaves, shall be
protected by being covered with black or galvanized steel or aluminum metal of
thickness of not less than No. 26 gauge. All nails exposed to the interior of
magazines shall be well countersunk.
D. Foundations for permanent magazines shall be of substantial
construction and arranged to provide good cross ventilation.
E. Magazines shall be ventilated sufficiently to minimize dampness
and heating of stored explosives. Ventilation openings shall be screened to
prevent the entrance of sparks.
F. Openings to magazines shall be restricted to that necessary for the
placement and removal of stocks of explosives. Doors for magazines for Class A
explosives shall be bullet-resistant.
G. Magazines shall be provided with two substantial locks, and
magazine doors shall be kept locked except during the time of placement and
removal of stocks of explosives.
H. Provisions shall be made to prevent the piling of stocks of
explosives directly against the walls; such protection, however, shall not interfere
with proper ventilation at interior of side and end walls.
I. Full and semi-trailers are acceptable for the storage of explosives
when modified to comply with Class I magazine construction.
R11-1-236. Construction of Class II magazines
A. Class II magazines shall be of wood or metal construction, or a
combination thereof.
B. Wood magazines of this class shall have sides, bottom and cover
constructed of two-inch hardwood boards well braced at corners and protected by
being entirely covered with sheet metal of not less than No. 20 gauge. All nails
exposed to interior of magazine shall be well countersunk. All metal magazines of
this class shall have sides, bottom and cover constructed of 12-gauge metal, and
shall be lined with 3/8 inch plywood or the equivalent. Edges of metal covers
shall overlap sides at least one inch.
C. Covers for both wood and metal constructed magazines of this
class shall be provided with substantial strap hinges and shall be provided with
substantial means of locking. Covers shall be kept locked except during the
placement or removal of explosives. Second class magazines, containing
explosives, left at locations where no one is in attendance, shall be adequately
secured to prevent theft; or the explosives shall be removed from the magazine
when unattended.
D. Magazines of this class shall be painted red and shall bear
lettering in white, on all sides and top, at least three inches high, “Explosives-
Keep Fire Away”. Where necessary due to climatic conditions, Class II
magazines shall be ventilated.
E. Underground detonator-storage magazines shall be of the same
construction as explosives-storage magazines and shall be separated by at least 25
feet from explosive-storage magazines.
R11-1-237. Storage with magazines
A. Containers of explosives shall be laid flat with top side up.
Corresponding grades and brands shall be stored together in such a manner that
brand and grade marks show. All stocks shall be stored so as to be easily counted
and checked. Containers of explosives shall be piled in a stable manner. When
any kind of explosive is removed from a magazine for use, the oldest explosive of
that particular kind shall be removed first.
B. Only fiberboard containers of explosives may be opened in a
magazine. Open containers of explosives shall be securely reclosed when stored
in a magazine.
C. Tools used for opening containers or explosives shall be
constructed of non-sparking materials, except that metal slitters may be used for
opening fiberboard containers. A wood wedge and fiber, rubber, or wood mallet
shall be used for opening or closing wood containers of explosives.
D. Magazines shall be used for the storage of explosives, blasting
agents, and oxidizers, only. Metal tools, other than non-sparking transfer
conveyors, shall not be stored in a magazine.
E. Magazine floors shall be regularly swept, kept clean, dry, free of
grit, paper, empty used packages, and rubbish. Brooms and other cleaning
equipment shall not have any spark-producing metal parts. Sweepings from floors
of magazines shall be disposed of properly. Stained magazine floors shall be
cleaned according to instruction obtained from the explosives manufacturer.
When any explosive has deteriorated to an extent that is in a dangerous condition,
or if liquid leaks from any explosive, then the person in possession of such
explosive shall destroy such explosive in accordance with the instructions
obtained from the manufacturer. Only experienced persons shall direct the work
of destroying explosives.
F. When magazines need inside repairs, all explosives shall be
removed therefrom and the floors cleaned. In making outside repairs, if there is a
possibility of causing sparks or fire, the explosive shall be removed from the
magazine. Explosives removed from a magazine under repair shall either be
placed in another magazine or placed a safe distance from the magazine where
they shall be properly guarded and protected until repairs have been completed,
when they shall be returned to the magazine.
G. Ammonium nitrate fuel oil blasting agents shall be physically
separated from other explosives, safety fuse, or detonating cord stored in the same
magazine, in such a manner that oil does not contaminate the other explosives,
safety fuse or detonating cord.
R11-1-238.
Reserved
R11-1-240.
R11-1-241. Transportation of explosives – transportation vehicles
A. Vehicles used for transporting explosives shall be strong enough to
carry the load without difficulty and be in good mechanical condition. All
vehicles used for the transportation of explosives shall have tight floors and any
exposed spark-producing metal on the inside of the body shall be covered with
wood or other non-sparking material to prevent contact with containers of
explosives. Vehicles used to transport blasting agents shall have neither zinc nor
copper exposed in the cargo space. Containers of explosives shall not be loaded
above the sides of an open body vehicle.
B. Motor vehicles transporting explosives shall be marked with
appropriate placards or lettering.
C. Motor vehicles transporting explosives must be equipped with not
less than two suitable fire extinguishers, each having a rating of at least 10 B:C.
D. Vehicles transporting explosives shall only be driven by and be in
charge of a duly-licensed driver who is physically fit, careful, capable, reliable
and:
1. Able to read and write English.
2. Not addicted to or under the influence of intoxicants or
narcotics.
3. Not less than twenty-one years of age.
4. Familiar with all applicable laws, rules, regulations and
policies governing the transportation and handling of explosives.
E. When explosives and detonators are hauled by trolley locomotives,
covered, electrically insulated cars shall be used.
F. Explosives and detonators shall be transported in separate vehicles
unless separate by four inches of hardwood or the equivalent.
G. When vehicles containing explosives or detonators are parked, the
brakes shall be set, the motive power shut off, and the vehicles shall be blocked
securely against rolling.
H. Explosives or detonators shall not be transported on mantrips.
I. Substantial nonconductive containers shall be used to carry
explosives to blasting sites.
J. Explosives or detonators shall not be transported on locomotives.
R11-1-242. Transportation of explosives – miscellaneous
A. No spark-producing metal tools, oils, matches, firearms,
ammunition, electric storage batteries, flammable substances, acids, oxidizing
materials, or corrosive compounds shall be carried in the body of any motor truck
or vehicle transporting explosives unless the loading of such dangerous articles
and the explosives comply with Department of Transportation regulations.
B. Unauthorized persons or passengers must not ride on a motor
vehicle transporting explosives.
C. Hoisting of ore, muck, or other material in adjacent shaft
compartments shall be stopped while explosives are being handled unless the
compartment in which the explosives are being handled is adequately separated.
R11-1-243.
Reserved
R11-1-250.
R11-1-251. Water gels, or slurry explosives and blasting agents – general
provisions
Unless otherwise set forth in this section, water gels shall be transported,
stored, and used in the same manner as explosives or blasting agents in
accordance with the classification of the product.
R11-1-252. Premixed water gels
A. Premixed water gels containing a substance in itself classified as
an explosive shall be classified as an explosive and manufactured, transported,
stored, and used as specified for explosives in this Code.
B. Premixed water gels containing no substance in itself classified as
an explosive and which are cap-sensitive as defined in R11-1-221 under Blasting
Agent, shall be classified as an explosive and manufactured, transported, stored,
and used as specified for explosives in this Code.
C. Premixed water gels containing no substance in itself classified as
an explosive and which are not cap-sensitive as defined in R11-1-221 under
Blasting Agent shall be classified as blasting agents and manufactured,
transported, stored, and used as specified for blasting agents in this Code.
R11-1-253. On-site mixed water gels
A. Ingredients for on-site-mixed water gels shall be stored as set forth
in this section.
1. Ingredients in themselves classified as Class A or Class B
explosives shall be stored in conformity with this Code.
2. Prilled, grained, or granulated ammonium nitrate shall be
stored in accordance with R11-1-262 of this Code. If ammonium nitrate is stored
in the vicinity of explosives or blasting agents, the separation distances specified
in R11-1-262 of this Code shall be observed.
3. Liquid ammonium nitrate or ammonium nitrate-sodium
nitrate solutions shall be stored in tank cars, tank trucks, or permanent tanks.
Spills or leaks which may contaminate combustible materials shall be cleaned up
immediately.
B. If electric power is used, it may be furnished by cable from an
outside source or by a self-contained motor generator. In the case of a self-contained
power source, it shall be located at the end of the storage container
opposite that at which the blasting agent is discharged. It shall have adequate
capacity for the loads to be expected and be equipped with suitable overload
protection devices.
C. Electric wiring carrying voltages greater than 12 volts shall be in
armored cable or in conduit and, if dry ingredients are employed, the wiring shall
conform to the requirements of Class II, Division 2 of the National Electrical
Code. The materials protecting the electric wiring must be of such composition
that they will not be chemically attacked by the ingredients being processed.
D. Mixing equipment for on-site-mixed water gels shall comply with
the requirements of this section:
1. All electric motors, electrically operated proportioning
devices, etc., shall be electrically bonded.
2. All electric motors, electrically operated proportioning
devices, etc., used for dry ingredients shall conform to the requirements of Class
II, Division 2 of the National Electrical Code.
3. The entire loading and mixing equipment shall be cleaned
periodically to insure against accumulations of ingredients.
R11-1-254
Reserved
R11-1-260
R11-1-261. Dry ammonium nitrate-fuel compositions, “mixing plant”
“Mixing plant” refers to any fixed installation or mobile equipment used in
conjunction with a mine, for the processing of various non-explosive materials to
produce and/or package a blasting agent for use in a mine.
R11-1-262. “Mixing plant”, located on mine property.
A. At each mining operation where field-mixed ammonium nitrate-fuel
oil blasting agents are being used, all mixing shall be done under the
supervision of competent personnel, duly instructed in the proper mixing of the
blasting agent involved.
B. Mixing plants shall conform to the requirements of this section
unless otherwise specifically approved by the Inspector.
C. Mixing plants shall be located, with respect to the inhabitated
buildings, passenger railroads, and public highways, in accordance with the
American Table of Distances. One-half the quantity of unmixed ammonium
nitrate shall be included with the quantity of finished product, the total of which
shall be considered as explosive, for determining the proper distances.
D. A mixing plant building shall be of noncombustible construction or
sheet metal on wood studs.
E. The layout of a mixing plant building shall be such as to provide
physical separation between the finished product storage and the mixing and
packaging operations.
F. Floors in a mixing plant building shall be of concrete. Concrete
floors must have at least one inch of finished cement, Terra Cotta finish, or other
material approved by the Inspector. Floors shall be constructed so as to eliminate
open floor drains and piping into which molten materials could flow and be
confined in case of fire. The floors and equipment of the mixing and packaging
room shall be washed down or cleaned when necessary to prevent accumulations
of oxidizers or fuels and other sensitizers.
G. Isolated fuel storage shall be provided at fixed plants to avoid
contact between molten oxidizer and fuel in case of fire.
H. The mixing plant shall be well ventilated.
I. Heat, if needed, shall be provided exclusively from a unit outside
the building.
J. All electric switches, controls, motors, and lights, if located in the
mixing or blasting agent storage area, must conform to the requirements of Class
II, Division 2, of the most recent edition of the National Electrical Code. The
frame of the mixer and all other equipment that may be used must be electrically
bonded together and be provided with a continuous path to ground which is
separate from the ground provided for power equipment.
K. The design of the mixer shall minimize the possibility of frictional
heating, compaction, and especially confinement. All bearings and gears should
be mounted outside the mixer and protected against the accumulation of product
dust. All surfaces must be accessible for easy cleaning.
L. Mixing and packaging equipment shall be constructed of materials
compatible with the ammonium nitrate composition.
M. All discarded empty ammonium nitrate bags and other trash must
be disposed of daily by burning outdoors.
N. All sacks or containers used for storage of blasting agents must be
properly marked and must show the mixing date.
O. Blasting agents used underground shall be mechanically mixed in
order to insure a homogeneous mixture of the proper composition, but the mixing
shall not be done underground.
R11-1-263. Composition of blasting agents
A. No hydrocarbon liquid fuel with a flash point lower than that of
No. 2 diesel fuel oil (125° F. minimum or legal) shall be used.
B. Crude oil and crankcase oil shall not be used.
C. No unusual compositions of blasting agents or a composition
containing an ingredient classed as high explosive shall be attempted in mixing
operations. The finished product shall be tested regularly to determine that it falls
within the classification “Blasting Agent”. Peroxides, chlorates or perchlorates
shall not be used under any conditions.
D. If a blasting agent is used underground, its fuel oil content shall
range between 5.5% and 6.5% by weight, except where other carbonaceous
material is added, in which case a proper oxygen balance shall be maintained.
R11-1-264. Surface storage of materials
A. Unmixed Materials:
1. Unmixed ammonium nitrate shall be kept in a clean, well-ventilated
building or bin, using good warehouse practice. Floor drains into which
molten nitrate could run during a fire should be eliminated. Bagged ammonium
nitrate shall not be stacked close to any source of heat which might ignite the
combustible material of the bags. Bulk ammonium nitrate shall be stored in clean,
dry bins. When stored in warehouses, it shall be stored on dry, clean floors which
are of noncombustible construction which is protected against impregnation with
ammonium nitrate. Warehouses or other storage facilities shall have adequate
ventilation or be of construction that will be self-ventilating to permit escape of
products of decomposition and heat in the event of fire.
2. Ammonium nitrate shall not be stored with or near
flammable liquids, corrosive acid, chlorates, nitrates, permanganates, sulphur, or
finely divided metals.
3. When unmixed ammonium nitrate is stored with blasting
agents or high explosives in a high-explosive magazine, one-half the quantity of
unmixed ammonium nitrate shall be taken into consideration in computing the
total quantity in warehouse or magazine for compliance with the American Table
of Distances.
4. Spilled ammonium nitrate shall be cleaned up promptly and
removed safely.
5. Dynamite or other explosives shall not be used to break up
caked ammonium nitrate.
6. Fuses and igniters shall be stored in a cool, dry place away
from oils or grease.
B. Mixed Materials (Without Explosives):
1. Permanent storage of blasting agents shall be in a fire- and
weather- resistant, well-ventilated, magazine or warehouse. Temporary storage
may be in vans, truck trailers, railroad cars, etc.
2. The location of magazine or warehouse shall comply with
the American Table of Distances.
3. Interior of storage buildings shall be kept clean and be
maintained in good housekeeping order.
4. Blasting agents shall not be stored with flammable liquids,
corrosive acids, chlorates, nitrates, permanganates, sulphur or finely divided
metals.
C. Mixed Materials (With Explosives):
All rules and regulations that apply to the storage of explosives shall apply
to the storage of blasting agents when stored with explosives.
R11-1-265. Loading of blasting agents
General:
1. All fittings used in the construction of the hopper and pickup
equipment and hose connections of loading equipment must be constructed of
materials compatible with the ammonium nitrate composition.
2. Blasting agents shall not be blown into boreholes that contain
electrically nonconductive liners, even if the primer is not inserted until after the
blowing has been completed.
3. Primers which contain a blasting cap, electric blasting cap or delay
electric blasting cap shall not be handled by persons who have previously been
operating pneumatic loading devices unless that person has grounded himself to
bleed off any static charges.
4. Loading in boreholes containing electric blasting caps, delay
electric blasting caps, or blasting caps:
a. All pneumatic and air-pressure equipment used for loading
blasting agents must be adequately grounded to dissipate static electric charges
that may cause premature initiation of the detonator. The machine or hopper,
discharge hose, fittings, discharge tube, and loading tube must form a continuous
electrically conductive path to a ground. The system ground conductor and
loading tube shall have a resistance high enough to prevent hazards from stray
currents, yet low enough to adequately maintain static electricity energy below
hazardous levels.
b. Water lines, air lines, fan lines, rails, or the permanent
grounding system shall not be used as a ground for pneumatic loading equipment.
c. Loading equipment mounted on a car and rails must be
thoroughly insulated from the car and rails and grounded by a separate, static-dissipating
ground.
d. When loading over electric blasting cap wires, contact
between any metal parts of the loader and cap leg wires shall be avoided.
e. Metal or other low electrical resistance loading tubes shall
not be used.
f. All loading equipment must be removed from the area
before leg wire shunts are removed and the loaded holes are tied in for blasting.
g. Ventilation - When ammonium nitrate blasting agents are
used, Section 27-411 of the Arizona Mining Code shall apply.
R11-1-266
Reserved
R11-1-270
R11-1-271. Use of explosives and blasting agents, general provisions
A. The handling of explosives may be performed by the person
designated to use explosives or by other employees under his direct supervision
provided that such employees are at least 18 years of age. Persons who use or
handle explosives or detonators shall be experienced men who understand the
hazards involved; trainees shall do such work only under the supervision of and in
the immediate presence of experienced men. Blasting operations shall be under
the direct control of authorized persons.
B. Containers of an approved type shall be used for taking detonators
and other explosives from storage magazines to the blasting area.
C. Persons authorized to prepare explosive charges or conduct
blasting operations shall use every reasonable precaution, including but not
limited to warning signals, flags, barricades or blasting mats to insure the safety
of mine personnel.
D. Due precautions shall be taken to prevent accidental discharge of
electric blasting caps from current induced by radio transmitters, lightning, dust
storms, or other sources of extraneous electricity. All surface, shaft sinking, and
tunneling blasting operations shall be suspended and persons removed from
blasting area during the ominous approach and progress of an electrical storm,
when electric detonators are used.
E. Empty containers and paper and fiber packing materials which
have previously contained high explosives shall not be used again for any
purpose, but shall be destroyed by burning out-of-doors, and no person shall be
nearer than 100 feet after the burning has started.
F. Explosives, blasting supplies, or blasting accessories that are
obviously deteriorated or damaged shall be destroyed in a safe manner under the
instructions of the explosives or blasting agent manufacturer or its designated
agent.
G. Explosives or blasting supplies shall not be abandoned. While
temporarily unattended, they shall be marked with red flags or some other suitable
means of warning persons.
H. Capped primers shall be made up at the time of charging and as
close to the blasting site as conditions allow.
I. Fuses shall be cut and capped in safe, dry locations posted with
“No Smoking” signs.
J. Fuse shall not be ignited before the primer and the entire charge
are securely in place.
K. If any part of a blast is connected in parallel and is to be initiated
from powerlines or lighting circuits, the time of current flow shall be limited to a
maximum of 25 milliseconds by incorporating a control device in the blasting
circuit or by interrupting the circuit with an explosive charge attached to one or
both lead lines and initiated by a zero-delay electric blasting cap.
L. Black blasting powder should not be used for blasting except when
a desired result cannot be obtained with another type of explosive such as in
quarrying certain types of dimension stone.
M. Explosives shall be kept separate from detonators until charging is
started.
N. Electric circuits from the blasting switches to the blast area shall
not be grounded.
O. Lead wires and blasting lines shall not be strung across power
conductors, pipelines, railroad tracks, or within 20 feet of bare powerlines. They
shall be protected from sources of static or other electrical contact.
R11-1-272. Loading of explosives (blasting)
A. All drill holes shall be sufficiently large to admit freely the
insertion of the cartridges of explosives.
B. Drilling shall not be started until all butts (bootlegs) of old holes
are examined. Wash down the face and wash out the butts (bootlegs). If any
misfires are found they shall be handled only by, or under the direction of, a
competent and experienced person.
C. No person shall be allowed to deepen drill holes which have
contained explosives.
D. After loading for a blast is completed, all excess explosives and
detonators shall be returned immediately to their separate storage magazines.
E. Double priming with fuse in a drill hole is prohibited.
F. No tamping shall be done directly on a capped primer.
G. Holes shall not be collared in bootlegs.
H. Holes to be blasted shall be charged as near to blasting time as
practical and such holes shall be blasted as soon as possible after charging has
been completed. In no case shall the time elapsing between completion of
charging to the time of blasting exceed 72 hours unless prior approval has been
obtained from the State Mine Inspector.
R11-1-273. Initiating blasts
A. When fuse is used, the blast cap shall be securely attached to the
safety fuse with a standard ring-type (or other approved) cap crimper.
B. No primers shall be assembled or fuse capped closer than 50 feet
from any magazine.
C. Only wooden or non-sparking tools shall be used for making holes
in a cartridge of explosives.
D. Explosives shall not be extracted from a hole that has once been
charged or has misfired unless it is impossible to detonate the unexploded charge
by insertion of a fresh additional primer.
E. If there are any misfires while using cap and fuse, all persons shall
remain away from the charge for at least 1 hour. On electrical misfires, all persons
shall remain away from the charge for at least 15 minutes. Electrical misfires shall
be handled under the direction of the person in charge of the blasting and all wires
shall be carefully traced and search made for unexploded charges.
F. Blasters, when testing circuits to charged holes, shall use only
blasting galvanometers designed for this purpose.
G. Only the man who makes the lead-in wire connections in electrical
firing shall fire the shot. All connections should be made progressively from
borehole back to the source of firing current, and the leading wires shall remain
shorted and not be connected to the blasting machine or other source of current
until the charge is to be fired.
H. Blasts in shafts or winzes shall be initiated from a safe location
outside the shaft or winze.
I. When blasting electrically, the electric blasting cap leg wire shunt
shall not be removed from the leg wires until loading operations have been
completed.
J. When firing from 1 to 15 blastholes with safety fuse ignited
individually using hand-held lighters, the fuses shall be of such lengths to provide
the minimum burning time specified in the following table for a particular size
round:
Number of Holes in a Round Minimum Burning Time, Minutes
1.............................................................................................2
2-5......................................................................................2-2/3
6-10.....................................................................................3-1/3
11-15........................................................................................5
In no case shall any 40-second-per-foot safety fuse less than 36 inches long or any
30-second-per-foot safety fuse less than 48 inches long be used.
K. Not over 15 fuses shall be spit by each blaster if being individually
ignited. At least two men shall be present when lighting fuses, and no man shall
light more than 15 individual fuses. To avoid an unsafe delay in the operation, all
men shall carry out the lighting of fuses simultaneously. If more than 15 holes per
man are to be fired, igniter cord and connectors or electric blasting shall be used.
L. No fuse shall be used that burns faster than one (1) foot in thirty
(30) seconds or slower than one (1) foot in fifty-five (55) seconds. The burning
rate of every shipment of fuse received at a mine shall be determined. If a
shipment of fuse lasts more than sixty (60) days, the burning rate must be
rechecked each sixty (60) days. The burning rate of the safety fuse in use at any
time shall be measured, posted in conspicuous locations, and brought to the
attention of all men concerned with blasting.
M. Fuse shall be ignited with hot wire lighters, lead spitters, igniter
cord or other such approved type device as designed for this purpose. Carbide
lights shall not be used to light fuses.
N. Where electric blasting is to be performed, electric circuits to
equipment in the immediate area to be blasted shall be de-energized before
electric detonators are connected to the blasting circuit; the power shall not be
turned on until after the shots are fired or the blast is deactivated by removing or
shunting each electric detonator.
O. Trunklines, in multiple-row blasts initiated by detonating cord,
shall make one or more complete loops, with crossties between loops at intervals
of not over 200 feet.
R11-1-274. Explosives stored underground
Explosives stored in a mine shall be so located that should they explode or
burn, escape of the men will not be cut off.
R11-1-275. Underground magazines, construction
Underground magazines shall be well constructed but need not comply
with the standards set by Class 1 or Class 11 magazines.
R11-1-276. Warning required
No blast shall be fired until the person in charge has made certain that all
surplus explosives are in a safe place, all persons and equipment are at a safe
distance or under sufficient cover, and that an adequate warning signal has been
given.
R11-1-277. Permanent blasting lines
Permanent blasting lines shall be properly supported, insulated and kept in
good repair.
R11-1-278. Location of safety switches
If branch circuits are used when blasts are fired from power circuits, safety
switches located at safe distances from the blast area shall be provided in addition
to the main blasting switch.
R11-1-279. Blasting switches
Blasting switches shall be locked in the open position except when closed
to fire the blast. Lead wires shall not be connected to the blasting switch until the
shot is ready to be fired.
R11-1-280. Detonating cord knots and connections
All detonating cord knots shall be tight and all connections shall be kept at
right angles to the trunk lines. No trunk lines shall be tied in until all equipment is
moved out of the area within 50’ of the blast.
R11-1-281. Misfires
Misfires shall be disposed of by the following methods:
1. Reattempting to fire the holes if leg wires are exposed.
2. Washing the stemming and the charge from the borehole with
water.
3. Inserting new primers after the stemming has been washed out.
R11-1-282. Compressed air
Compressed air shall not be used to remove explosives from misfires.
R11-1-283. Electric detonators
Electric detonators of different brands shall not be used in the same round.
R11-1-284. Power sources
Power sources shall be suitable for the number of electric detonators to be
fired and for the type of circuits used.
R11-1-285. Use of black blasting powder
In the use of black blasting powder:
1. Containers shall not be opened in, or within 50 feet of any
magazine; within any building in which a fuel-fired or exposed-element electric
heater is in operation; where electrical or incandescent-particle sparks could result
in power ignition; or within 50 feet of any open flame.
2. Granular powder shall be transferred from containers only by
pouring. Spills of granular powder shall be cleaned up promptly with non-sparking
equipment; contaminated powder shall be put into a container of water
and its content disposed of promptly after the granules have disintegrated, or the
spill area shall be flushed with a copious amount of water to completely
disintegrate the granules.
3. Containers of powder shall be kept securely closed at all times
other than when the powder is being transferred from or into a container.
4. Containers of powder transported by vehicles shall be in a wholly
enclosed cargo space.
5. Misfires shall be disposed of by: (a) washing the stemming and
powder charge from the borehole, and (b) removal and disposal of the initiator as
a damaged explosive.
6. Boreholes of shots that fire but fail to break, or fail to break
properly, shall not be recharged for at least 12 hours.
R11-1-286. Explosives burning in hole, move from area
If explosives are suspected of burning in a hole, all persons in the
endangered area shall move to a safe location and no one shall return to the hole
until danger has passed, but in no case within 1 hour.
R11-1-287.
Reserved
R11-1-299.
ARTICLE 3. FIRE PREVENTION AND CONTROL
The rules in this Article are adopted in accordance with the provisions of
ArticleVII, Chapter 3, Title 27, Arizona Revised Statutes, and A.R.S. §§ 27-304,
27-305 and 27-311.
R11-1-300. Reserved
R11-1-301. Fire fighting equipment
Fire fighting equipment shall not be tampered with or removed by any
person except for its authorized use.
R11-1-302. Smoking or use of open flame prohibited
A. No person shall smoke or use an open flame where flammable
solvents, liquids, fluids or other flammable materials are stored, transported,
handled or used, nor within an unsafe distance of any area or place where such
practices may cause a fire or explosion, or where the temperature of the air can be
elevated to a temperature above a solvent’s flash point.
B. Signs warning against such smoking and open flames shall be
posted.
R11-1-303. Use of carbon tetrachloride
The use of carbon tetrachloride (CC14) in fire extinguishers or for cleaning
purposes is prohibited.
R11-1-304. Fire extinguishers-maintenance
Fire extinguishers and fire suppression devices shall be:
1. Of the appropriate type for the particular fire hazard involved.
2. Adequate in number and size for the particular fire hazard
involved.
3. Recharged or replaced after any discharge is made from the
extinguisher or device.
4. Inspected, tested, and maintained at regular intervals according to
the manufacture’s recommendations, and a record showing the date of same be
kept by the operator for a period of one (1) year, and be made available for review
by the Inspector.
5. Approved by the Underwriter’s Laboratories, Inc.
R11-1-305. Tanks, pipes, other containers-made safe before welding
All tanks, pipes, or other containers which have held flammable, explosive
or corrosive material shall be vented, cleaned, purged, and tested for safe and
nonexplosive atmosphere before entering, burning, cutting, or welding on them is
permitted.
R11-1-306. Flammable liquids-storage
Flammable liquids shall be stored in accordance with standards of the
National Fire Protection Association or other recognized agencies approved by
the Inspector. Small quantities of flammable liquids drawn from storage shall be
kept in appropriately labeled safety cans.
R11-1-307. Fuel lines-valves
Fuel lines shall be equipped with valves to cut off fuel at the source and
shall be located and maintained to minimize fire hazards.
R11-1-308. Insulation of power lines and cables
Power wires and cables shall be adequately insulated where they pass
through doors or walls or where they present a fire hazard.
R11-1-309. Valves on oxygen and acetylene tanks
Valves on oxygen and acetylene tanks shall be kept closed when the
contents are not being used.
R11-1-310. Flammable liquid’s storage when not buried
Gasoline, diesel fuel, liquified petroleum gases, and other flammable
liquids when not buried, shall not be stored within 100 feet of the following:
1. Mine openings.
2. Buildings or snowsheds connected to mine openings.
3. Fan installations or housings.
4. Hoist houses.
R11-1-311. Abandoned electrical circuits
Abandoned electrical circuits shall be de-energized and isolated so that
they cannot become energized inadvertently.
R11-1-312. Solvents with flash points lower than 100° F.
Solvents with flash points lower than 100° Fahrenheit (38°C) shall not be
used for cleaning.
R11-1-313. Oxygen cylinders-storage
Oxygen cylinders shall not be stored near oil or grease.
R11-1-314. Gauges and regulators used with oxygen or acetylene cylinders
Gauges and regulators used with oxygen or acetylene cylinders shall be
kept clean and free from oil and grease.
R11-1-315. All heat sources capable of combustion, insulated or isolated
All heat sources, including lighting equipment, capable of producing
combustion shall be insulated or isolated from combustible materials.
R11-1-316. Battery charging stations
Battery charging stations shall be located in well ventilated areas.
R11-1-317. When welding or cutting safety precautions
When welding or cutting, suitable precautions shall be taken to ensure that
smoldering metal or sparks do not result in a fire. Fire extinguishing equipment
shall be immediately available at the site.
R11-1-318. Internal combustion engines-refueling
Internal combustion engines, except diesels above ground, shall be shut
off and stopped before being fueled.
R11-1-319. Drip pans, etc.
Drip pans shall be provided to catch leakage or spillage when oil or
flammable liquids are dispensed in a place or manner which may create a hazard.
R11-1-320. Fire alarm systems
Fire alarm systems shall be provided and maintained in operating
condition or adequate fire alarm procedures shall be established to warn promptly
all persons endangered by fire.
R11-1-321. Fuel stored underground
Fuel stored underground will be in a return air split provided with
adequate fire-fighting equipment. No oil line shall be allowed to pass down the
shaft.
R11-1-322. Tightly sealed containers used for combustible materials
Oil, grease or diesel fuel stored underground shall be kept in suitable
tightly sealed containers in fire resistant areas at safe distances from explosives,
magazines, electrical installations and shaft stations.
R11-1-323. Fire control-underground diesel units
A fire extinguisher of suitable type and size must be carried at all times
with each diesel powered unit. In addition, a fire control system shall be installed
in each piece of equipment operating underground regardless of make and model.
The system shall be approved by the Inspector, for automatic, remote, pneumatic,
push button or lever control.
R11-1-324. Starting mechanism of the diesel engine
The starting mechanism of the diesel engine shall be powered by
electricity, air or some other source considered safe. The use of gasoline powered
starters for underground diesel equipment is specifically prohibited.
R11-1-325. Underground refueling stations
Underground refueling stations must be well ventilated and separate from
any underground equipment repair areas. Diesel fuel must be carried in tight
containers.
R11-1-326. Supply of diesel fuel allowed underground
Only a day’s supply of diesel fuel will be allowed underground at any time
and this must be stored in tight containers in a cool, well ventilated place. The
container will be set in a sufficient amount of suitable absorbent material to
absorb all of the fuel being stored or shall be set in an area which is curbed or
otherwise blocked off so that the fuel cannot spread beyond the storage area.
R11-1-327. Fires prohibited underground
Fires shall not be built underground; open-flame torches and candles shall
not be left underground.
R11-1-328. Approved mine rescue apparatus-maintenance
Approved mine rescue apparatus shall be properly maintained for
immediate use. The equipment shall be tested at least once a month and records
kept of the tests.
R11-1-329. Diesel fuel storage areas
No smoking is permitted in or around diesel fuel storage areas. No open
lights are permitted in diesel storage or refueling areas. There must be adequate
firefighting equipment at all refueling stations and storage tanks for diesel fuel.
R11-1-330. Gasoline storage or use in underground operations prohibited
Gasoline shall not be taken, stored or used in underground operations.
R11-1-331. Use of liquefied petroleum gases
The use of liquefied petroleum gases shall be limited to maintenance
work.
R11-1-332. Fuel used in underground diesel equipment
Fuel used in underground diesel equipment must conform to the
manufacturer’s specifications for viscosity pour point, cetane number, carbon
residue and water. The flash point must not be less than 150° Fahrenheit and
sulphur content must not be greater than 0.2% by weight.
R11-1-333. Reserved
R11-1-334. Mine rescue station
A mine rescue station equipped with at least 10 sets of suitable and
properly maintained 2-hour minimum capacity self-contained breathing
apparatus, adequate supplies, and spare parts shall be maintained at mines
employing 75 or more persons underground or, in lieu thereof, the mine shall be
affiliated with a central mine rescue station.
R11-1-335. Mine rescue crews
At mines employing 75 or more persons underground, at least two rescue
crews (10 persons) shall be trained at least annually in the use, care, and
limitations of self-contained breathing and firefighting apparatus and in mine-rescue
procedures. Other mines shall have at least one person so trained for each
10 persons employed underground.
R11-1-336. Reserved
R11-1-337. Reserved
R11-1-338. Fire protection for timbered mine entrances
Timber in mine entrances shall be fire-retardant for at least 200 feet inside
the mine portal or collar, or the mine entrance shall be provided with fire
protection adequate to control a fire for at least 200 feet inside the mine portal or
collar.
R11-1-339. Reserved
R11-1-340. Reserved
R11-1-341. Fire extinguisher-mobile equipment
Suitable fire extinguishers shall be provided on self –propelled mobile
equipment with enclosed cabs, used in surface operations.
R11-1-342. Reserved
R11-1-350.
R11-1-351. Accumulation of flammable materials
Flammable and combustible waste materials, grease, lubricants or
flammable liquids shall not be allowed to accumulate where they can create a fire
hazard.
R11-1-352. Reserved
R11-1-353. Fire protection sensor for underground stationary diesel
equipment
Where there is a potential for exposure of workers to a fire hazard,
unattended stationary diesel equipment used in underground operations shall be
provided with a thermal sensor which automatically stops the diesel engine
should overheating occur.
R11-1-354. Fire protection sensor for belt conveyors
Where there