EFFECTIVE DATE: 11/04/ 2011 EXPIRATION DATE: 03/31/2013

PROGRAM POLICY LETTER NO. P11-V-17

FROM: KEVIN G. STRICKLIN

Administrator for

Coal Mine Safety and Health

LINDA F. ZEILER

Director of Technical Support

SUBJECT: Brass Compressed Gas Cylinder Valves and Associated Fittings 

Used in Refuge Alternatives

Scope

This Program Policy Letter (PPL) applies to Mine Safety and Health Administration

(MSHA) personnel, underground coal mine operators, miners’ representatives, and

refuge alternative manufacturers.

Purpose

The purpose of this PPL is to provide guidance to the mining industry, enforcement 

personnel, and other parties concerning methods for maintaining approvals on refuge 

alternatives given the premature failures of brass valves and fittings on breathable air 

components of refuge alternatives and their impact on MSHA approved Emergency 

Response Plans (ERPs). 

Policy

As a result of the premature failures of brass valves and fittings on breathable air 

components, the West Virginia Office of Miners' Health Safety &Training (WVOMHS&T)

issued an order on October 14, 2011, to refit state-approved underground mine shelters 

(the “Order” – see attached).1 The Order generally establishes an October 31, 2011, 

 1 The State of West Virginia refers to “refuge alternatives” as “underground mine shelters.” When 

discussing the Order, the PPL uses the West Virginia terminology.
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deadline for manufacturers to inspect all mine shelters with approval granted in 

accordance with West Virginia Code of State Regulations § 56-4-8. In accordance with 

the Order, shelters found to contain valves or fittings showing signs of corrosion, stress

corrosion cracking, or having improper dimensions must be taken out of service 

immediately, unless the manufacturer provides a signed statement that the shelter is 

safe to remain in service until the scheduled refit date. The order further requires that by 

the scheduled refit date, all brass compressed gas cylinder valves and associated fittings 

used in mine shelters must be replaced. In addition, the Order requires that the refitted 

mine shelters cannot be returned to service unless all of the shelter’s components 

comply with current MSHA breathable air, air-monitoring, and harmful gas removal 

regulations and have necessary MSHA component approvals.

MSHA also has been working with West Virginia on this issue and recognizes the safety 

hazard associated with existing valves and fittings, and the Agency concurs with the 

procedures established in the Order. However, while the Order affects all manufacturers 

with West Virginia-approved refuge alternatives regardless of the state in which the units 

are used, underground coal mine operators in states other than West Virginia and those 

using refuge alternatives that are not West Virginia-approved are not subject to the 

Order. Because MSHA’s regulation grandfathered refuge alternatives that were 

approved by West Virginia, MSHA is issuing a policy consistent with the Order to 

address the hazard with respect to refuge alternatives in all underground coal mines. 

The policy provides for timely replacement of brass valves and fittings, and it recognizes 

West Virginia’s regulation mandating that refuge alternative manufacturers demonstrate 

compliance with current MSHA refuge alternative component approval requirements to 

maintain their West Virginia approvals.

State-Approved Prefabricated Refuge Alternatives

The Order directs West Virginia underground coal mine operators to submit refit 

schedules and other documentation to the WVOMHS&T Director. Manufacturers also 

are required to submit information to the WVOMHS&T Director. Mine operators located 

in West Virginia with ERPs that specify use of West Virginia-approved prefabricated 

refuge alternatives as a basis for compliance with § 75.1506(a) will need to comply with 

the inspection, removal, refit, and component replacement schedule established in the 

Order and by WVOMHS&T to maintain the status of their refuge alternatives as state 

approved units. MSHA district managers will determine whether mine operators in West 

Virginia have taken actions necessary to maintain the West Virginia state approvals that 

are required for their refuge units to continue to be used under the grandfathering 

provisions of § 75.1506(a)(3).

Underground coal mine operators in states other than West Virginia who have an ERP 

specifying the use of West Virginia-approved prefabricated refuge alternatives as a basis 

for compliance with § 75.1506(a) must demonstrate to the MSHA district manager that 

their refuge alternatives have been inspected in accordance with the provisions of the 

Order and that damaged units have been removed from service until the defects can be 

 
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corrected. District managers will designate the date on which operators must provide 

any requested inspection information, recognizing that the Order requires submission of 

inspection results by October 31, 2011, unless the WVOMHS&T Director establishes an 

alternative date. These operators also must communicate with the district manager to 

establish a schedule for replacing brass valves and fittings. While individual replacement 

schedules will be developed in conjunction with district managers, replacement dates 

should be set according to the refuge alternative’s installation date and the condition of 

existing valves and fittings. Based on currently available information from

manufacturers, the Agency anticipates that replacement valves and fittings will start to 

become available within five months, and all valves and fittings must be replaced by 

December 31, 2013. However, if West Virginia subsequently establishes a replacement 

schedule applicable to all West Virginia-approved units, operators relying on their West 

Virginia approvals would need to comply with that schedule. Also, as discussed in the 

Order, once provided with replacement valves and fittings, refuge alternatives cannot be 

placed back into service without components that comply with current MSHA breathable 

air, air-monitoring, and harmful gas removal regulations and have necessary MSHA 

component approvals.

ERP-Accepted Prefabricated Refuge Alternatives

A few operators currently are using prefabricated refuge alternatives that do not rely on a 

state approval for compliance with § 75.1506(a); these units were grandfathered 

because MSHA accepted them as being in service and approved in an emergency 

response plan prior to March 2, 2009. The potential for the premature failure of brass 

valves and fittings also exists in breathable air components associated with these units. 

For this reason, these valves and fittings also must be promptly inspected by a qualified 

person, removed unless verified to be safe for continued use, and ultimately refitted with 

appropriate valves and fittings. MSHA district managers will work with these operators to 

establish the manner in which they will timely convey their inspection results, determine 

whether existing refuge alternatives need to be removed from service until the defects 

can be cured, and establish a schedule for replacing brass valves and fittings. While 

individual replacement schedules will be developed in conjunction with district managers, 

replacement dates should be set according to the refuge alternative’s installation date 

and the condition of existing valves and fittings. Based on currently available information 

from manufacturers, the Agency anticipates that replacement valves and fittings will start 

to become available within five months. 

15-psi Stopping Refuge Alternatives

A number of operators are using refuge alternatives consisting of 15-psi stoppings in 

conjunction with breathable air, air-monitoring, and harmful gas removal components. 

The components used in these units are not state-approved, but either were 

grandfathered for use or were permitted pursuant to an emergency response plan 

approval because Part 7 approved components were not commercially available.

The potential for premature failure of brass valves and fittings associated with 

compressed air cylinders also exists with respect to these breathable air components. 

This policy requires that valves and fittings in 15-psi stopping refuge alternatives must be 
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promptly inspected by a qualified person, removed unless verified to be safe for 

continued use, and ultimately refitted with appropriate valves and fittings. MSHA district 

managers will work with these operators to establish the manner in which they will timely 

convey their inspection results, determine whether existing refuges need to be removed 

from service until the defects can be cured, and establish a schedule for replacing brass 

valves and fittings. While individual replacement schedules will be developed in 

conjunction with district managers, replacement dates should be set according to the 

refuge alternative’s installation date and the condition of existing valves and fittings. 

Based on currently available information from manufacturers, the Agency anticipates that 

replacement valves and fittings will start to become available within five months. 

Background

Refuge alternatives are required in all underground coal mines in accordance with 30 

CFR 75.1506(a). Refuge alternatives operate with structural, breathable air, air 

monitoring, and harmful gas removal components. Prefabricated self-contained refuge 

alternative structures that states have approved and those that MSHA has accepted in 

approved ERPs that were in service prior to March 2, 2009, are permitted for use under 

the MSHA standards until December 31, 2018, or until replaced, whichever comes first. 

While § 75.1506(a)(3) allows for the use of these structural components until December 

31, 2018, the breathable air, air-monitoring, and harmful gas removal components 

associated with grandfathered refuge alternative structures are permitted only until 

December 31, 2013, or until replaced, whichever comes first.

On Sunday, January 9, 2011, a catastrophic failure occurred in an oxygen cylinder fitting 

connected to the breathable air system in a refuge alternative located in an underground 

coal mine. This failure allowed a rapid release of oxygen, which pressurized the interior 

of the steel structure and created an oxygen enriched environment. The pressure buildup inside the container forced open both the tent deployment door and the air-lock 

access door, ejecting a supply container and 5-gallon water containers from the access 

door area onto a nearby rib.

Investigations conducted by MSHA and WVOMHS&T led to the discovery of cracks on 

multiple valves and fittings, as well as fittings that did not meet Compressed Gas 

Association (CGA) dimensional specifications. These compromised valves and fittings 

were discovered on high pressure oxygen and air cylinders used in approved shelters 

from multiple manufacturers.

In January and February 2011, MSHA and the State of West Virginia published 

notifications alerting manufacturers, mine operators, miners, and other interested parties 

to hazards associated with cracked valves and fittings and dimensionally incorrect 

fittings. At that time, MSHA stated that mine operators should contact their refuge 

alternative manufacturer and request a prompt and thorough examination of the valves 

and fittings associated with breathable air components. The Agency has been informed 

that much of the inspection activity contemplated in this PPL already has been 

performed in response to information earlier provided by MSHA and the State of West 

Virginia.

 
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Subsequent metallurgical analyses were conducted by two independent laboratories. 

Results of these analyses pointed to fracturing due to stress-corrosion cracking. This 

could have resulted from the interaction of a chemical agent or possibly moisture with the 

zinc in the brass.

Authority

Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801 et seq.; 30 

CFR § 75.1506(a). 

Internet Availability

This Program Policy Letter may be viewed on the World Wide Web by accessing the 

MSHA Home Page (www.msha.gov) and choosing "Compliance Info" and "Program 

Policy Letters."

Who are the MSHA contact persons for this PPL?

Coal Mine Safety and Health, Division of Safety

Johnny P. Calhoun, (202) 693-9507

E-mail: Calhoun.Johnny@dol.gov

Technical Support, Approval and Certification Center

Howard C. Epperly, (304) 547-2034

E-mail: Epperly.Howard@dol.gov

Distribution

MSHA Program Policy Manual Holders

MSHA Special Interest Groups

Underground Coal Mine Operators

Miners’ Representatives