COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Bureau of Deep Mine Safety

Pennsylvania Bituminous Mine Safety Advisory Committee

GENERAL PROCEDURES

  1. Meetings of the Pennsylvania Bituminous Mine Safety Advisory Committee will be chaired by the Director of the Bureau of Deep Mine Safety (Bureau) or his designee. Advisory Committee members may designate a substitute in their absence.
  2. Regular meetings will be held on the 2nd Wednesday of the even-numbered months. (February, April, June, August, October, December)
  3. The chairman may schedule special meetings of the full Advisory Committee at any time with at least two (2) weeks' notice.
  4. Only Committee members, designated Bureau staff members and Bureau attorneys may address the chair and participate in the committee's deliberations during the meeting.
  5. The agenda may contain "open discussion" at which time the audience may question the presenter(s) on relevant agenda topics or provide technical information viewpoints for the committee's consideration.
  6. Copies of the meeting agenda will be sent to all Committee members at least 10 days prior to a regularly-scheduled meeting. Copies will be made available to the public upon request.
  7. Minutes from the last meeting will be sent to all committee members within ten (10) days of the meeting. Committee members will have 10 days to review the minutes and make comments to the chairman. If no comments are received during this time, the minutes will be considered approved. If changes are required, the Committee will be forwarded these changes for their consideration. The chairman will notify the Committee when the minutes are available for distribution.
  8. The chairman may appoint a subcommittee to meet independently for the purpose of investigating a particular subject and providing a report and recommendations to the entire committee regarding that issue. The chairman shall assign a Bureau of Deep Mine Safety staff member to coordinate the subcommittee and provide general assistance. Such subcommittee should, at a minimum, consist of one Advisory Committee member who is a representative of labor and one Advisory Committee member who is a representative of industry. The members of the subcommittee may elect a chairman of the subcommittee from among the membership of the subcommittee. In the event that the members of the subcommittee cannot agree to the election of a chairman, the chairman of the Advisory Committee may appoint a member of the subcommittee to serve as chairman of the subcommittee.
  9. Whenever a subcommittee has completed discussion on the matter for which it was established and has completed at least a draft of its report and/or recommendations, it shall advise the chairman at least two weeks prior to the regular meeting of the Advisory Committee scheduled to be held following such completion of discussion, report, and recommendations. At such time, the subcommittee shall advise the chairman of the Advisory Committee of those persons who can best provide information or a presentation to the Advisory Committee regarding the particular issue for which the subcommittee was established.
  10. Only Advisory Committee members may recommend to the Bureau Director technical issues to be placed on a "List of Issues" for the Committee's consideration. The "List of Issues" will be set by the Bureau Director at his sole discretion.
  11. Once an issue has been fully discussed and no Committee members have additional input, the chairman will consider that issue deleted from the "List of Issues." The chairman will then provide a report to the entire committee as to the Bureau of Deep Mine Safety's position and plan of action on that issue within sixty (60) days.
  12. Requests for information shall be directed to:
Bureau of Deep Mine Safety
Fayette County Health Center
100 New Salem Road, Room 167
Uniontown, PA 16401
724-439-7469


COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Bureau of Deep Mine Safety

Pennsylvania Bituminous Mine Safety Advisory Committee

ADMINISTRATIVE PROCEDURES

Membership of the Advisory Committee

The Pennsylvania Bituminous Mine Safety Advisory Committee is established as an ad hoc advisory committee on technical issues for the Bureau of Deep Mine Safety of the Department of Environmental Protection. The Director of the Bureau of Deep Mine Safety or his designee shall serve as the chairman of the Advisory Committee.

Meetings of the Advisory Committee shall be scheduled and convened by the chairman and shall be open to the public, as space permits. However, only members of the Committee or their designated substitutes may participate in discussions of issues presented. The chairman may invite or recognize additional persons for the purpose of presenting technical information or viewpoints for the committee's deliberations. Each member is authorized to designate an alternate without notice; however, only the normal number of delegates may participate in deliberations at any meeting.

Functions of the Advisory Committee

The Advisory Committee shall consider and investigate technical issues dealing with the safe operation of bituminous underground coal mines and shall render its advice to the chairman of the Committee and to the Department. Issues considered by the Committee may include the safety of underground mining machinery, electrical equipment, atmospheric monitoring, ventilation, mine examination practices, and any other technical issues within the ambit of the Bituminous Coal Mine Act of 1961, as amended, which affect safety in bituminous underground coal miens. The Advisory Committee may also consider technical issues beyond the Department' jurisdiction where industry coordination or technological improvements will enhance worker safety, such as mine rescue.

The chairman shall convene meetings of the Advisory Committee and shall set the agenda for each meeting. The members of the Committee may propose issues to the chairman for consideration at future meetings of the Committee, which the chairman may include at the sole discretion of the chairman. Members may distribute any written technical papers, data, or other information which they believe will contribute to the Committee's understanding of an issue in advance of or during any meeting.

The Chairman and the Department shall carefully consider the advice of the Advisory Committee in formulating or revising policies, program guidance and rule making by the Bureau of Deep Mine Safety. All policies, program guidance and rule-making decisions by the Bureau of Deep Mine Safety shall remain the exclusive providence of the Department. In general, the Committee agenda shall not include issues involving the Department which are currently in litigation, or issues where the mandatory requirements of Pennsylvania law preclude the use of alternative equipment or practices. The Department's authority to enforce policies which may be under discussion by the Committee shall not be abrogated in any way during the Committee's deliberations or by the advice given.