ISSUE DATE: 02/25/2011

PROGRAM INFORMATION BULLETIN NO. P11-02

FROM: KEVIN G. STRICKLIN

Administrator for

Coal Mine Safety and Health

SUBJECT: Re-Issue of P09-02 - Filing of Ground Control Plans for Surface Coal Mines

Who needs this information?

Coal mine operators, miners and miners' representatives, and Mine Safety and Health 

Administration (MSHA) enforcement personnel should have this bulletin.

What is the purpose of this program information bulletin (PIB)?

The purpose of this PIB is to identify the advantages to mine operators of submitting 

their ground control plans to MSHA well in advance of commencing mining to avoid 

delays if safety issues are identified with the ground control plans.

Information

Under the requirements of 30 C.F.R. § 77.1000, mine operators are to establish and 

follow ground control plans for "safe control of all highwalls, pits and spoil banks . . . 

which shall be consistent with prudent engineering design and will insure safe working 

conditions." Under 30 C.F.R. § 77.1000-1, a mine operator must file a copy of the ground 

control plan with the District Manager.

Under certain mining conditions, highwall plans and other ground control plan designs 

may be inadequate and not in conformance with prudent engineering design 

parameters. For safety reasons, such as reducing miner hazard exposure and 

minimizing risks related to highwall mining activity, MSHA must assure the adequacy 

of all highwall and ground-related plans. If major flaws are identified in the plan after 

mining commences, MSHA could issue citations or orders for remedial purposes. The 

consequences of MSHA citations could include additional engineering costs and mining 

delays, which could be lengthy, and adverse economic results until plans consistent 

with "prudent engineering design" are prepared and filed with MSHA. In addition, if a 

ground control plan was not filed with MSHA prior to beginning mining, those mine 

operators could be subject to a citation as well. In order to avoid such circumstances, 
2

MSHA strongly encourages mine operators to involve the Agency very early in the 

ground control plan design and submittal process. The benefit of this approach would 

be to obtain MSHA agreement that plans are "consistent with prudent engineering 

design and will insure safe working conditions" prior to adoption, thereby increasing 

protection for miners and avoiding delays and adverse economic outcomes. 

With this in mind, mine operators should consider the following when designing and 

submitting ground control plans: 

Involve MSHA as early as possible and prior to mining for assurance that design 

parameters are sound, adhere to prudent engineering practices, and afford the miners 

ample safety protections. 

Develop ground control plans that specify remedial measures for adverse conditions 

such as those presented by faults, fractures, joints, and/or other geologic anomalies, old 

underground mines, and potentially adverse weather conditions. 

Involve front-line supervisors when developing mining plans and apply prudent 

engineering principles to address both normal and adverse conditions.

What is the background for this PIB?

On April 17, 2007, two miners were fatally injured when a highwall failed while the 

miners were operating equipment in the pit bottom between the highwall and 

backfilled overburden/spoil. The collapse of the highwall released an estimated 44,000 

cubic yards of rock and material. Also, on January 12, 2008, a shovel operator, 

positioned beside his shovel and a highwall, was fatally injured when the highwall 

collapsed. The highwall consisted of sandy material and was approximately 45 feet 

high. 

Authority

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

C.F.R. §§ 77.1000 and 77.1000-1. 

Internet Availability

This PIB may be viewed on the Internet by accessing MSHA's home page at 

www.msha.gov then choosing "Compliance Info" and then "Program Information 

Bulletin." 

Contact Person(s)

Coal Mine Safety and Health

Terry L. Bentley, (202) 693-9521

E-mail: bentley.terry@dol.gov
3

Distribution

MSHA Program Policy Manual Holders

Miners' Representatives

Coal Mine Operators

Special Interest Groups