ISSUE DATE: 5/06/2011

PROGRAM INFORMATION BULLETIN NO. P11-34

FROM: LINDA F. ZEILER

Acting Director of Technical Support

KEVIN G. STRICKLIN

Administrator for 

Coal Mine Safety and Health

NEAL H. MERRIFIELD

Administrator for 

Metal and Nonmetal Mine Safety and Health 

SUBJECT: Responsibility for Proper Assembly and Maintenance of MSHA Approved 

and Certified Mining Machines and Equipment

Who needs this information? 

Mine Safety and Health Administration (MSHA) personnel, underground coal mine 

operators, underground gassy metal and nonmetal mine operators, miners’

representatives, mining equipment manufacturers and repair/rebuild shop facilities 

should have this information. 

What is the purpose of this Bulletin? 

This Program Information Bulletin (PIB) reminds mine operators about their duty to 

maintain permissible equipment in approved condition in accordance with the drawings

and specifications on file at MSHA’s Approval and Certification Center (A&CC). This 

PIB also reminds equipment manufacturers and repair/rebuild shops of criminal 

penalties for knowingly distributing, selling, delivering, or introducing equipment in 

commerce for use in mines that is falsely represented as having MSHA approval or 

certification.

Information

The Federal Mine Safety and Health Act of 1977 (Mine Act) and MSHA standards 

require mine operators to use only permissible equipment in some areas of 

underground mines. Operators are also required to maintain such equipment in 

permissible condition.
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Affixing an approval or certification label or marking to equipment or components

identifies it as permissible for use in underground mines. Use of the MSHA marking

(approval or certification labels or markings) serves as the manufacturer’s assurance 

that a product has been built in accordance with the approval requirements and the

drawings and specifications upon which the original approval and subsequent 

extensions was issued. To emphasize the importance of using only properly approved 

or certified equipment where required, §110(h) of the Mine Act provides for the 

imposition of criminal penalties for whoever knowingly distributes, sells, delivers or 

introduces in commerce equipment for use in mines which is falsely represented as 

complying with the Mine Act or MSHA regulations. The validity or use of approval 

plates is not dependent upon whether equipment or machines are new or rebuilt. 

Validity of approval plates depends upon whether the equipment or machine has been 

built or rebuilt in accordance with approval documentation and MSHA regulations. 

Therefore, both the original manufacturers and repair/rebuild shops have obligations 

under MSHA’s approval requirements and the Mine Act if they are supplying a product 

bearing an MSHA approval or certification mark. All equipment bearing a MSHA 

approval or certification plate must meet the approval requirements and conform to the 

drawings and specifications on file with MSHA.

When a new, used, or repaired piece of approved equipment is acquired by a mine 

operator, the mine operator has the responsibility to ensure the equipment is in 

approved condition and complies with all applicable regulatory requirements before it is 

placed into service. After the equipment is placed into service, it is the responsibility of 

the mine operator to maintain that equipment in the approved condition. If proper 

procedures for installing permissible components and replacement parts are not used 

during repair or rebuilding of approved equipment, operators may not be able to comply 

with this maintenance obligation. MSHA recommends that operators contract repair or 

rebuilding work only with reputable or manufacturer-approved shops. MSHA conducts 

regular inspections of all underground coal and metal and nonmetal mining operations. 

These inspections include examining all approved electric and diesel face equipment to 

verify that the equipment is being maintained in approved and permissible condition.

In an effort to assist mine operators and others to ensure that equipment is 

manufactured or rebuilt according to MSHA requirements, the A&CC will provide 

assistance upon request in the form of a machine audit. The audit will verify that the 

equipment meets all of the requirements of the approval documentation on file with 

MSHA. This service is available to mine operators, manufacturers, and rebuild/repair 

shops. A number of mine operators, manufacturers, and rebuild/repair shops have

benefited from this service already. To schedule an audit or audits, please contact one 

of the Technical Support persons listed below.

Background 

MSHA is aware that the recent increase in underground mining activity has produced an 

increased demand for permissible mining equipment. There have been instances
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investigated of equipment that has been rebuilt and put on the market for sale that does 

not meet approval requirements and has had an incorrect Approval Plate affixed. 

Equipment audits have shown that repairs made by independent repair facilities and 

mines are not always ensuring that repaired or rebuilt equipment is being kept in 

permissible condition. Some examples include incorrect packing glands that allow 

cables to be pulled through the gland, overcurrent devices sized incorrectly, and 

damage to the cover of an explosion proof container that compromises the integrity of 

the flame path. Equipment that is not maintained in permissible and approved condition 

is capable of initiating a catastrophic explosive event in the mine.

MSHA's authority for this PIB 

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

30 C.F.R. Parts 57 and 75.

Internet Availability 

This information bulletin may be viewed on the internet by accessing MSHA's home 

page at http://www.MSHA.gov and then choosing “Compliance Info” and “Program 

Information Bulletins.”

Issuing Offices and Contact Persons

Richard M. O’Hanlon Jr., (304) 547-2316

Technical Support

E-mail: ohanlon.richard@dol.gov

Dustin Hinchman, (304) 547-2049

Technical Support

E-mail: hinchman.dustin@dol.gov

John Arrington, (202) 693-9549

Coal Mine Safety and Health

E-mail: arrington.john@dol.gov

Marvin Lichtenfels, (202) 693-9600

Metal and Nonmetal Mine Safety and Health

E-mail: lichtenfels.marvin@dol.gov

PIB Distribution 

Program Policy Manual Holders 

Underground Coal Mine Operators 

Underground Gassy Metal and Nonmetal Operators 

Miners’ Representatives 

Equipment Manufacturers

Repair Shop Facilities 

Special Interest Groups