1. Perspectives from the West Virginia Office of Miners Health Safety and Training (MHS&T) Emergency Preparedness Summit September 27, 2006

2. 110 employees 739 mines, quarries and coal handling facilities approximately 2,500 independent contractors Mines ranging in thickness from 28 inches to ~ 10 feet Reported employeesNumber of UG Permits 1-3651 37-5024 51-7529 76+30 134 Could be 65 New Mine Rescue Teams from MSHA MHS&T

4. Senate Bill No. 247 Passed January 23, 2006 Created the Mine and Industrial Accident Rapid Response System 24-hour-a-day statewide telephone number established by the Director of the Division of Homeland Security and Emergency Management. (866-987-2338) or 866- WVSAFET(Y) Essentially eliminated the W65 self rescuer

5. Senate Bill No. 247 The Director of the Office of Miners' Health, Safety and Training shall impose, a civil administrative penalty of one hundred thousand dollars on the operator if it is determined that the operator or the mine foremen in charge of the mine failed to give immediate notice (within 15 minutes). Many other penalties prescribed The penalties set forth in this article (2) enacted during the regular session of the Legislature in January, two thousand six, shall become effective the first day of July, two thousand six.

6. Senate Bill No. 247 SCSR Caches Lifelines Strobe lights wireless emergency communication device shall be worn by each person underground (…shall, at a minimum, be capable of receiving emergency communications from the surface at any location throughout the mine)

7. Senate Bill No. 247 wireless tracking device shall be worn by each person underground. (…the tracking device shall, at a minimum, be capable of providing real-time monitoring of the physical location of each person underground)

9. Emergency Rule Filed 2/1/06, by Former Director/Governor’s legal staff Required 16 SCSRs per person to be cached Many other issues lacking practicality/detail

10. Amended Rules Filed 2/27/06 Two additional SCSRs provided for all individuals reasonably expected to be on working sections be stored within 500 feet of the nearest working face. For outby areas: One (1) additional SCSR shall be maintained for every individual reasonably expected to be inby such cache and such outby caches shall be maintained at a distance not to exceed 30 minutes apart in accordance with MSHA's distance/seam height formula

11. Amended Rules A special Mine Safety Technology Task Force is created who will recommend the specific requirements for rescue shelters /chambers, mine communications and tracking devices. The Task Force is comprised of six (6) members with an equal number of representatives of management and labor. The Director of the Office of Miners' Health, Safety & Training will serve as an ex-officio Chairman of the Task Force.

12. Amended Rules Within Ninety (90) days, the Task Force shall develop the requirements for rescue shelter/chambers, mine communications and tracking devices and shall issue a report containing its findings and recommendations for implementation, compliance and enforcement plans for the requirements contained herein to the Director.

13. Emergency Rule Making File Emergency Rule (2/1/06) File Amended Rule (2/27/06) Within 30 days of original filing, file Notice of Public Hearing (2/28/06) Minimum of 30 day comment period (3/31/06) Within 90 days of original filing, file Agency approved rule (5/1/06) Task Force report 5/29/06

14. Emergency Rule Making continued Within 90 days of original filing, file Agency approved rule (5/1/06) –Note in summary to the Legislative Rule Making Committee (LRMC) that the Task Force created in the amended emergency rule has not completed its report at the time of filing After Task Force Report, File Modification to Rule with LRMC Review by LRMC, if recommended modifications, file modified rule To legislature If passed 60 days to file final rule w/ SOS

15. Agency Approved Rule One cache shall be placed at a readily available location within five hundred (500) feet of the nearest working face in each working section of the mine. One cache shall be placed at a readily available location within five hundred (500) feet of each active construction or rehabilitation site within the mine. Distances greater than five hundred (500) feet not to exceed one thousand (1000) feet are permitted; however, where miners are provided with personal SCSRs rated for less than sixty (60) minutes, travel to these caches is not to exceed five (5) minutes as determined by the height/travel time chart.

16. Task Force Charge Study the commercial availability and capabilities of self contained self rescuers, emergency shelters/chambers, wireless communications devices and wireless tracking devices as required under the emergency rule. The task force also will study issues related to the implementation, compliance and enforcement of the safety requirements of the emergency rule.

17. Task Force Members Dale Birchfield, Foundation Coal Theodore Hapney, UMWA Terry Hudson, Peabody Todd Moore, CONSOL Energy Gary Trout, UMWA Stephen Webber, UMWA Randall Harris, Facilitator

18. Task Force Recommendations Addressed  SCSR Caches  EMERGENCY SHELTERS/ CHAMBERS  COMMUNICATIONS/TRACKING  LIFELINES –Also looked at w/ BCMH&S  SEISMIC LOCATING DEVICES  MINE RESCUE TEAMS

19. Preventive Measures Taskforce report and resulting rules with additional detail may be found at: www.wvminesafety.org Have a Plan Practice the Plan Evaluate the Plan Equipment manufacturers/others can Assist with best practices & ideas

20. Mine Rescue - Response Two State Mine Rescue Stations Rapid Seismic Deployment (4) Second Mine Rescue Vehicle Increase to a total of 4 state Mine Rescue Teams (2 per station) Map copiers Satellite Communications Improved Equipment

21. Provided for increased compensation for mine rescue members $32 to $250/month Work ongoing to create a Emergency Preparedness Manual for Mine Operators & Agency Personnel Require 96 hours of training annually 5 Safety Instructors for Mine Rescue Training Need $ to complete the plan!! Mine Rescue - Response

24. Summary Have a Plan Practice the Plan Evaluate the Plan –Look for new technology –Evaluate competing technology quantitatively where possible In the case of an event, manufacturers can play a critical supporting role Time is your Enemy

25. Other Information: www.wvminesafety.orgwww.wvminesafety.org Jim Dean Director, Mining Extension Service West Virginia University James.Dean@mail.wvu.edu 304-293-4211 ext. 3813