EFFECTIVE DATE: 03/23/2012 EXPIRATION DATE: 03/31/2014

 (Reissue of I10-V-08)

PROCEDURE INSTRUCTION LETTER NO. I12-V-03 and I12-IV-04

FROM: KEVIN G. STRICKLIN

Administrator for

Coal Mine Safety and Health 

NEAL H. MERRIFIELD 

Administrator for

Metal and Nonmetal Mine Safety and Health 

JEFFREY A. DUNCAN

Director for Educational Policy and Development 

JEFFERY H. KRAVITZ, PH.D

Acting Director of Technical Support 

SUBJECT: Reissue of I10-V-08 - Use of Digital Cameras and the Storage and 

Preservation of Digital Images

Scope

This Procedure Instruction Letter (PIL) is intended for Mine Safety and Health 

Administration (MSHA) personnel who conduct inspections or investigations and 

maintain inspection or investigation documentation. This PIL replaces PIL No.’s

I10-V-08, issued July 13, 2010 and 109-V-2, issued June 5, 2009.

Purpose

This PIL provides guidance and instructions to MSHA personnel who use digital 

cameras during their inspections or investigations and maintain digital images, 

including photographs and videos, taken during inspections or investigations as part of 

their documentation. 

Procedure Instructions
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Authorizing the Use of Digital Cameras -- In addition to other forms of 

documentation, digital images of violations and accident scenes are of great assistance 

in documenting violations or other conditions during an inspection or investigation. 

Digital images and/or videos can significantly contribute to resolving differences of 

opinion between mine operators and MSHA personnel. The digital images and/or 

videos should accurately and effectively depict conditions or objects present during the 

investigation or inspection and subsequent abatement. This information can be 

invaluable during informal discussions and safety and health conferences. Such images 

may also expedite judicial proceedings by providing a pictorial illustration of a 

violation and its abatement/termination or an accident scene. 

Accordingly, the use of digital cameras is encouraged, and cameras should be used 

whenever practical subject to the following restrictions: 

1. Underground coal mines and gassy underground metal and nonmetal mines 

where permissible equipment is required. Only cameras approved by MSHA's 

Approval and Certification Center (A&CC), when available, shall be used. Until then, 

the possession or use of cameras inby the last open crosscut, or within 150 feet of pillar 

workings or longwall face, or the use of cameras in return entries, or bleeder entries is 

prohibited unless approved by the District Manager.

2. Gilsonite mines. The possession or use of cameras is prohibited.

3. Explosives storage magazines, loaded explosives vehicles, and explosives 

loading areas. The possession or use of cameras is prohibited within 25 feet.

Note - This prohibition does not include facilities, magazines, or vehicles storing 

Ammonium Nitrate Fuel Oil (ANFO). 

4. Flammable material storage or use areas and areas of coal handling facilities 

which are Class I or Class II Hazardous Locations (explosive dusts or gasses) as 

outlined in the National Electrical Code. The use of cameras is prohibited.

Taking Digital Photographs and Images -- Digital photographs must clearly and 

accurately depict the nature of the violation or condition. Where appropriate, 

photographs of abatement or termination measures should also be taken. Before 

photographs are taken, ensure that the camera is set to the correct date and time. If the 

camera has audio capability, it should be turned off so that voices are not recorded, 

unless all persons are explicitly notified that their statements are being recorded. 

To be most effective, a violation or condition should be captured with both an "up close" 

shot and a distance shot to provide perspective and points of view. The photograph 

should depict a miner's potential for exposure to the hazard or violation of the 
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standard. As a rule of thumb, no more than two or three good photographs are 

necessary to illustrate a violation and its resolution. Too many photographs can 

become an administrative burden. 

When taking a video recording, begin at a distance and "zoom in" to provide greater 

detail of particular features. When panning an area, move the camera slowly enough to 

permit viewers to observe relevant details and attempt to minimize camera movement. 

Additional, digital memory cards may be needed to assure sufficient storage capacity if 

both videos and photographs are taken. 

If others in the inspection/investigation party are taking photographs, the identity of 

the individual and his/her affiliation should be recorded in the 

inspection/investigation notes. 

At no time should MSHA personnel put themselves or others at risk or ask miners to reenact practices in order to obtain photographs. MSHA personnel should not 

photograph conditions that pose an imminent danger before taking actions necessary to 

prevent miners from being exposed to the hazard. 

Preserving Digital Photographs and Images – All photographs taken during an 

inspection or investigation must be retained. Images from digital photographs should 

be saved to a CD or DVD in the same file format (normally JPEG with moderate 

compression) and at the same resolution as they were originally captured by the 

camera. Once the digital images are effectively and reliably stored on a CD or DVD, the 

images may be deleted from the camera’s digital memory card. Original digital images 

should not be modified or edited. Even when photographs are produced, the digital 

images should be stored on a CD or DVD and the CD or DVD must be maintained in 

the mine inspection/investigation file or as part of the inspection report. 

Inspectors may be called to testify to the chain of custody when the pictures are 

introduced during a hearing. Therefore, for each digital image, the inspection/ 

investigation notes or the Photo Mounting Worksheet (MSHA Form 4000-125) should 

document: (a) the person who took the photograph when more than one 

inspector/investigator was involved in the inspection/investigation; (b) the date and 

time the photograph was taken; (c) the location of the condition or object; (d) a brief 

description of image(s) captured; and (e) the person who transferred the digital image 

to the CD or DVD. All enforcement actions, inspector notes, and digital images 

associated with an inspection or an investigation should be provided to the Office of the 

Solicitor or a Conference and Litigation Representative (CLR) once a matter has been 

referred to the Federal Mine Safety and Health Review Commission or any other 

judicial body. 

Background
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MSHA policies concerning the use of cameras traditionally have been developed by 

individual MSHA District Offices or incorporated into PILs that generally address the 

collection and preservation of information during an inspection or an investigation. 

However, as the cost of cameras has decreased and digital photography permits images 

to be more easily and effectively captured and stored, MSHA recognizes the importance 

of guidance and instruction specific to the use of digital cameras and to the 

storage/preservation of digital images. 

Authority

Sections 103(a) and 110(h) of the Federal Mine Safety and Health Act of 1977, as 

amended, 30 U.S.C. § 876. 

Filing Instructions

This instruction letter should be filed behind the tab marked "Procedure Instruction 

Letters" in the binder for Program Policy Handbooks and Procedure Instruction Letters.

Issuing Office and Contact Persons

Metal and Nonmetal Mine Safety and Health

Chief, Safety Division

Brian Goepfert, (202) 693-9600

E-mail address: goepfert.brian@dol.gov

Coal Mine Safety and Health

Chief, Safety Division

Stephen Gigliotti, (202) 693-9479

E-mail address: gigliotti.stephen@dol.gov

Directorate of Educational Policy and Development

Acting, Deputy Director

Robert Glatter, (202) 693-9575

E-mail address: glatter.robert@dol.gov

Directorate of Technical Support

Chief, Electrical Safety Division, ACC

Kenneth Porter, (304) 547-2030

E-mail address: porter.kenneth@dol.gov

Distribution

Program Policy Manual Holders

Coal Mine Safety and Health Personnel

Metal and Nonmetal Mine Safety and Health Personnel

Educational Policy and Development Personnel

Technical Support Personnel
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Special Assessment Personnel

Underground and Surface Mine Operators

Independent Contractors