MINER ACT 2006

1. MINER ACT 2006

2. Emergency Response Plan ERP’s to be continuously updated and reviewed every 6 months Post Accident Communications Redundant Communications – Now 2 Way Wireless U/G to Surface by June 2009 Post Accident Tracking – Current or Pre-Accident Location of U/G Personnel

3. Emergency Response Plan • Post Accident Breathable Air • Emergency supplies of breathable air – RFI • SCSR Caches within 30 minute walk time in each escapeway • Post Accident Lifelines – Each Escapeway • Training • Local Coordination

4. MINER ACT 2006 • Mine Rescue Teams • New regulations by December 2007 • 2 Mine Rescue Teams within 1 hour travel time from a certified Mine Rescue Station to the covered mine

5. MINER ACT 2006 • Prompt Incident Notification (15 Min.) • Civil Penalty - $5000 to $60,000 • Twelve incidents listed in part 50

6. MINER ACT 2006 • Part 50 Immediate Notification List • Death of an individual at a mine • An injury to an individual at a mine which has a reasonable potential to cause death • Entrapment of an individual for more than 30 minutes • Unplanned inundation of a mine by a liquid or gas

7. MINER ACT 2006 • Part 50 Immediate Notification List 5. Unplanned ignition or explosion of gas or dust 6. Unplanned mine fire not extinguished within 30 minutes of discovery 7. Unplanned ignition or explosion of a blasting agent or an explosive 8. Unplanned roof fall at or above the anchorage zone

8. MINER ACT 2006 • Part 50 Immediate Notification List 9. A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour 10. An Unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area; or, failure of an impoundment, refuse pile or culm bank

9. MINER ACT 2006 • Part 50 Immediate Notification List 11.Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than 30 minutes 12. An event at the mine which causes death or bodily injury to an individual not at the mine at the time the event occurs

10. MINER ACT 2006 • Penalties • Criminal Penalty Cap – Personal • First Conviction - fine of not more than $250,000 and/or imprisonment for not more than one year • Additional Conviction – fine of not more than $500,000 and/or imprisonment for not more than five years

11. MINER ACT 2006 • Penalties • Minimum fine for 104(d)(1) citation or order - $4000 • Minimum fine for 104(d)(2) orders - $4000 • Maximum fine for “Flagrant Violations” - $220,000

12. MINER ACT 2006 • Flagrant Violations – Reckless Failure • Citation or order is evaluated as Significant and Substantial • Injury or illness is evaluated as at least permanently disabling • Citation or order is evaluated as an unwarrantable failure • Negligence is evaluated as reckless disregard

13. MINER ACT 2006 • Flagrant Violations – Repeated Failure • Citation or order is evaluated as Significant and Substantial • Injury or illness is evaluated as at least permanently disabling • Citation or order is evaluated as an unwarrantable failure – can be high negligence • At least two prior “unwarrantable failure” violations of the same safety and health standard have been cited within the past 15 months

14. MINER ACT 2006 • Penalties 5. No single penalty $60 assessments – will go on points 6. MSHA is in the process promulgating new rules concerning Civil Penalty Assessments – Public comment period ended Nov 9