Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.1714-2 Self-rescue devices; use and location requirements. ( a ) Self-rescue devices shall be used and located as prescribed in paragraphs (b) through (f) of this section.
( b ) Except as provided in paragraph (c), (d), (e), or (f) of this section, self-rescue devices shall be worn or carried at all times by each person when underground.
( c ) Where the wearing or carrying of the self-rescue device is hazardous to the person, it shall be placed in a readily accessible location no greater than 25 feet from such person.
( d ) Where a person works on or around equipment, the self-rescue device may be placed in a readily accessible location on such equipment.
( e ) A mine operator may apply to the District Manager under § 75.1502 for permission to place the SCSR more than 25 feet away. ( 1 ) The District Manager shall consider the following factors in deciding whether to permit an operator to place a SCSR more than 25 feet from a miner: ( i ) Distance from affected sections to surface,
( ii ) Pitch of seam in affected sections,
( iii ) Height of coal seam in affected sections,
( iv ) Location of escapeways,
( v ) Proposed location of SCSRs,
( vi ) Type of work performed by affected miners,
( vii ) Degree of risk to which affected miners are exposed,
( viii ) Potential for breaking into oxygen deficient atmospheres,
( ix ) Type of risk to which affected miners are exposed,
( x ) Accident history of mine, and
( xi ) Other matters bearing upon the safety of miners.
( 2 ) Such application shall not be approved by the District Manager unless it provides that, while underground, all miners whose SCSR is more than 25 feet away shall have a FSR approved by MSHA and NIOSH under 42 CFR part 84 sufficient to enable each miner to get to a SCSR.
( 3 ) An operator may not obtain permission under paragraph (e) of this section to place SCSRs more than 25 feet away from miners on trips into and out of the mine.
( f ) If an SCSR is not carried out of the mine at the end of a miner's shift, the place of storage shall be approved by the District Manager. A sign made of reflective material with the word “SCSRs” or “SELF-RESCUERS” shall be conspicuously posted at each SCSR storage location. Direction signs made of a reflective material shall be posted leading to each storage location.
( g ) Where devices of not less than 10 minutes and 1 hour are made available in accordance with § 75.1714-1(b), such devices shall be used and located as follows: ( 1 ) Except as provided in paragraphs (c) and (d) of this section, the device of not less than 10 minutes shall be worn or carried at all times by each person when underground, and
( 2 ) The one-hour canister shall be available at all times to all persons when underground in accordance with a plan submitted by the mine operator and approved by the District Manager. When the one-hour canister is placed in a storage location, a sign made of a reflective material with the word “SCSRs” or “SELF-RESCUERS” shall be conspicuously posted at each storage location. Direction signs made of a reflective material shall be posted leading to each storage location.
[43 FR 54246, Nov. 21, 1978, as amended at 60 FR 30401, June 8, 1995; 69 FR 8108, Feb. 23, 2004; 71 FR 12270, Mar. 9, 2006; 71 FR 71454, Dec. 8, 2006]