EFFECTIVE DATE: 04/19/2012 EXPIRATION DATE: 03/31/2014

(Re-issue of I10-V-18)

PROCEDURE INSTRUCTION LETTER NO. I12-V-09

FROM: KEVIN G. STRICKLIN

 Administrator for

 Coal Mine Safety and Health

SUBJECT: Inspector Compliance with the Tracking Requirements of an

 Emergency Response Plan

Scope

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

Administration (MSHA) enforcement personnel.

Purpose

This PIL provides guidance and instructions to MSHA personnel regarding 

circumstances under which the inspector is not required to comply with the electronic 

tracking provision of the Mine Improvement and New Emergency Response (MINER) 

Act of 2006.

Procedure Instructions

The District Manager (or his designee) may make the determination that: (1) electronic 

tracking of an MSHA inspector could provide advance notice of an inspection and (2) 

important inspection objectives could be undermined if the MSHA inspector was 

tracked. In those cases, the District Manager/designee may allow the inspector to 

perform the portion of the inspection where the advance notice concern exists without 

the inspection party being tracked by the mine operator. In these situations, the 

inspector must provide the intended travel routes to an MSHA supervisor or to another 

MSHA representative who will be available at all times in the event of a mine 

emergency while the inspection party is underground. If the intended travel route 

changes, the MSHA inspector must notify the supervisor or the other MSHA 

representative. Inspectors should document in their notes the reason(s) why tracking 

devices were not worn. The notes should also reflect who was notified of the intended 

travel routes and any changes to these routes.
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Background

Section 2 of the MINER Act provides that, as of June 15, 2009, an emergency response 

plan (ERP) must provide for an electronic tracking system permitting surface personnel 

to determine the location of any persons trapped underground.” The term “any 

persons trapped underground” suggests that the requirement for electronic tracking 

applies to anyone underground, including MSHA personnel.

Section 103(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act) provides 

that no advance notice of an inspection shall be provided to any person. In some cases, 

electronic tracking may provide advance notice of an area to be inspected, which the 

Mine Act prohibits. The new electronic tracking systems should minimize the advance 

notice problems associated with the dispatcher systems currently used for tracking 

persons. Specifically, electronic tracking conveys real-time current location 

information, including the historical direction of travel, but does not directly convey 

destination information. 

However, in the event that electronic tracking of an MSHA inspector and persons 

traveling with the inspector (the “inspection party”) could result in advance notice of an 

inspection, Section 2 of the MINER Act and Section 103(a) of the Mine Act may be in 

conflict. For example, this conflict may exist with respect to inspections to determine 

whether smoking materials are present or whether mining is performed by taking 

extended cuts, as well as inspections to take air quantity or quality measurements at a 

specific location. In cases like these, electronic tracking may permit an operator to 

convey information that undermines an inspector’s ability to determine compliance 

with the Mine Act.

The Office of the Inspector General (OIG) recommended that MSHA issue a written 

policy or, if necessary, pursue legislation to establish the basis for and the circumstances 

under which MSHA inspectors are not required to comply with electronic tracking 

requirements in an operator’s ERP during an inspection. This instruction letter clarifies 

these circumstances and provides guidance to MSHA enforcement personnel.

Authority

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

amended, 30 U.S.C. 876.

Internet Availability

This PIL may be viewed on the internet by accessing MSHA’s home page at 

(www.msha.gov), choosing “Compliance Info” and “Procedure Instruction Letters.”
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Issuing Office and Contact Persons

Coal Mine Safety and Health, Safety Division

John Arrington, (202)693-9549

E-mail address: arrington.john@dol.gov

Distribution

Program Policy Manual Holders