ISSUE DATE: 12/14/2010 

PROGRAM INFORMATION BULLETIN NO. P10- 22 

FROM: KEVIN G. STRICKLIN 

 Administrator for 

Coal Mine Safety and Health 

JEFFERY H. KRAVITZ, Ph.D.

 Acting Director of Technical Support 

SUBJECT: Emergency Response Plan (ERP) Reviews of Post-Accident 

Communication and Electronic Tracking Systems 

Scope

This program information bulletin (PIB) is intended for underground coal mine operators, 

underground independent contractors, miners’ representatives, equipment 

manufacturers, repair facilities, state agencies, and other interested parties. 

Purpose

This PIB provides information to the underground coal mining community on the 

installation of post-accident communication and electronic tracking systems required by 

the Mine Improvement and New Emergency Response Act of 2006 (MINER Act) (Pub. 

L. 109–236). The MINER Act requires that, by June 15, 2009, each operator submit an 

ERP that provides for “post-accident communication between underground and surface 

personnel via a wireless two-way medium, and provide[s] for an electronic tracking 

system permitting surface personnel to determine the location of any persons trapped 

underground, or set[s] forth within the plan the reasons such provisions can not be 

adopted.” 

Information

Program Policy Letter (PPL) No. P09-V-01 “Guidance for Compliance with PostAccident Two-Way Communications and Electronic Tracking Requirements of the Mine 

Improvement and New Emergency Response Act (MINER Act)” contained guidance for 

mine operators regarding the post-accident communication and electronic tracking 

requirements of the MINER Act. In accordance with the MINER Act, all underground 

coal mine operators were required to submit revised ERPs by June 15, 2009, that 
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contained provisions for the use of post-accident communication and electronic tracking 

systems. In most cases, operators timely filed revised ERPs, and most of the revised 

ERPs have been approved by District Managers. However, most mine operators still do 

not have post-accident communication and electronic tracking systems installed and 

operating in their mines. 

The MINER Act requires that an operator’s ERP be approved. Once approved, the 

ERP must be reviewed at least once every six months. Among other things, to be 

approved, an ERP must “make use of current commercially available technology.” In 

addition, MSHA interprets the MINER Act’s June 15, 2009 deadline for submitting 

revised ERPs to require that post-accident communication and electronic tracking 

systems be installed in a timely manner in order to protect miners. In conducting initial 

and periodic ERP reviews, MSHA District Managers will evaluate dates by which the 

communication and tracking systems will be delivered so that the systems can be 

installed and operational. 

Based on information provided by communication and tracking system manufacturers, 

MSHA has determined that a sufficient number of approved systems will be 

commercially available in time to permit mine operators with existing approved ERPs 

to have post-accident communication and electronic tracking systems installed and 

operational by June 15, 2011. Any communication or tracking system that is not 

reasonably expected to be installed and operational in the mine by June 15, 2011, will 

be considered “unavailable” under the MINER Act. MSHA may consider approving the 

use of a system that cannot be installed and operational by June 15, 2011 in unusual 

circumstances, e.g., where use of other systems would be inappropriate for 

mine-specific conditions or where switching to another system would cause additional 

delay. 

Mine operators must install post-accident communication and electronic tracking 

systems promptly upon receipt from the manufacturer/supplier and in accordance with 

the provisions of their ERPs. Nothing in this PIB should be construed to justify any 

delay in the installation of currently available communication and tracking systems that 

are specified in existing, approved ERPs. 

Background

While the MINER Act requires that, to be approved, ERPs must specify a post-accident 

two-way communication system and electronic tracking system by June 15, 2009, it 

does not explicitly provide a date on which such systems must be installed. However, 

MSHA interprets the MINER Act as requiring that these systems be available in a timely 

manner in order to protect miners. 

 

While most underground coal mine operators currently have revised and approved 

ERPs, only a small percentage of mines currently have complete installations of postaccident communication and electronic tracking systems. Many mine operators have 

reported that they are waiting for equipment to be delivered or for the system 
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manufacturers to begin installation activities. However, systems that are not installed 

and operational are not capable of protecting miners. 

MSHA hosted a communication and tracking manufacturer summit meeting at the 

National Mine Academy in Beckley, West Virginia, on May 12, 2010. At that meeting, 

many manufacturers indicated that they believed that they could fill existing orders 

relatively soon, while others offered compelling explanations for needing additional time 

to fill all existing orders. However, based on information that MSHA has received from 

communication and tracking system manufacturers, MSHA has determined that a 

sufficient number of post-accident communication and electronic tracking systems will 

be commercially available in time to permit mine operators with existing, approved 

ERPs to have these systems installed and operational by June 15, 2011. 

Authority

Section 316 of the Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. 

§ 876; 30 C.F.R. § 75.1600. 

Internet Availability

This PIB may be viewed by accessing the MSHA home page http://www.msha.gov

and choosing "Compliance Info" and "Program Information Bulletins." A list of MSHAapproved post-accident communication and electronic tracking systems may be found 

at: 

http://www.msha.gov/techsupp/PEDLocating/CommoandTrackingMINERActCompliant.

pdf. 

Issuing Offices and Contact Persons

MSHA, Approval and Certification Center 

David Chirdon, (304) 547-2026 

E-mail: chirdon.david@dol.gov

Coal Mine Safety and Health 

Stephen Gigliotti, (202) 693-9479 

E-mail: gigliotti.stephen@dol.gov 

Distribution

MSHA Program Policy Manual Holders 

Manufacturers of Mining Equipment and Mine Equipment Repair Facilities 

Miners’ Representatives 

Underground Coal Mine Operators 

Underground Independent Contractors 

Special Interest Groups