ISSUE DATE: 06/04/09 

PROGRAM INFORMATION BULLETIN NO. P09-09 

FROM: NEAL H. MERRIFIELD 

 Acting Administrator for Metal and Nonmetal 

 Mine Safety and Health 

SUBJECT: Re-Issue P07-04 - Clarification of Requirements of Title 30 Code of Federal 

 Regulations §57.11050 Escapeways and refuges 

Scope

Metal and Nonmetal mine operators, miners and miners' representatives, Mine Safety 

and Health Administration (MSHA) enforcement personnel, and other interested 

parties should have this information. 

Purpose

MSHA is issuing this Program Information Bulletin (PIB) to re-emphasize to the metal 

and nonmetal mining industry the requirements for escapeways to the surface and for 

refuge areas. 

Information

Under CFR § 57.11050(a) an underground mine is required to provide miners with two 

separate escapeways. Each escapeway must provide escape from the lowest level and 

must be positioned such that damage to one of the escapeways will not lessen the 

effectiveness of the other escapeway. Until the second escapeway is established a 

refuge area must be provided. A secondary escapeway is recommended but not 

required during exploration and development. This means that mine areas awaiting 

the establishment of a second escapeway or areas of exploration or development must 

have at least one escapeway and one method of refuge if miners cannot reach the 

surface by two separate escapeways. 

To clarify when “exploration or development of an ore body” is occurring, operators 

should refer to the MSHA Program Policy Manual (PPM). The guidance provided by 

the PPM is clear: “...In this application, exploration or development of an ore body should be 

used in its narrowest sense, i.e., while an ore body is being initially developed, or development or 

exploration work is being conducted as an extension of a currently producing mine. Where 

mining occurs along a mineralized zone and production and development are indistinguishable 

as separate activities, the standard must be applied as it would to a producing mine.” (Italics 

and underlining added.) 

 
2

Under 30 CFR § 57.11050(b) refuge areas are required when any employee, using the 

normal travel means, cannot reach the surface within one hour from at least two 

separate escapeways. Miners working in any mine area which is not provided two 

separate escapeways (i.e., positioned such that damage to one of the escapeways will 

not lessen the effectiveness of the other escapeway) must be provided a refuge area they 

can access within thirty minutes using normal means of travel. This applies to all mine 

areas regardless of status (i.e., includes those in exploration or development, or where a 

second escapeway is being developed or where two escapeways exist but one of them 

requires more than one hour travel time to reach the surface). Refuge areas required 

under this section of the standard must be located where employees can reach the 

refuge areas within 30 minutes from the time they leave their workplaces. 

In summary: 

1. Every mine shall have at least two separate escapeways to the lowest levels. 

Acceptance of one escapeway during development of a second escapeway and during 

exploration and development is to be applied in the “narrowest sense.” 

2. In mines with only one escapeway (those developing a second escapeway or in 

exploration or development), miners must have access to a refuge area. 

3. In mines with two escapeways, miners must have access to a refuge area they can 

reach within 30 minutes after leaving their workplace if they cannot reach the surface 

within one hour through both escapeways using normal means of travel. 

4. Miners working in any mine area which is not provided two separate escapeways 

must be provided a refuge area they can access within thirty minutes using normal 

means of travel. 

Background

The ability of underground miners to escape or find shelter in times of emergency is 

critical. The requirements for two escapeways, developing a second separate 

escapeway, the requirements during development or exploration of ore bodies and 

when and where refuge areas must be provided need to be understood. This bulletin 

clarifies the compliance responsibilities of metal and nonmetal underground mine 

operators under 30 CFR § 57.11050, Escapeways and refuges. 

Authority

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

30 CFR § 57.11050, Escapeways and refuges 

Contact Person(s)

Metal and Nonmetal Mine Safety and Health 

Safety and Health Division 
3

William W. Wilson, (202) 693-9643 

E-mail: wilson.william@dol.gov 

Internet Availability

This program information bulletin may be viewed on the Internet by accessing MSHA's 

home page at http://www.msha.gov by choosing "Compliance Info" and “Program 

Information Bulletin.” 

Distribution

MSHA Program Policy Manual Holders 

Miners' Representatives 

Metal and Nonmetal Mine Operators 

Special Interest Groups