Ohio Admin. Code 1501:10-2-27 - Diesel technical advisory committee
(A) The diesel technical advisory committee,
as defined in rule 1501:10-2-02 of the Administrative Code, is hereby established and approved in accordance with section 121.13 of the Revised Code. Any
alternate operating procedure, alternative technology, major operational
change, or new technology recommended by the technical advisory committee or
approved by the chief shall not reduce or compromise the level of health and
safety protection afforded by this chapter.
(B) Membership. The diesel technical advisory
committee shall consist of two members appointed by the chief. The chief shall
appoint one of the two members to be chairperson of the technical advisory
committee. The chief shall appoint:
(1) One
member from a list of qualified candidates nominated by the Ohio coal
association; and
(2) One member who
works at an Ohio underground coal mine utilizing diesel equipment and who is
elected by two or more miners as the miners' safety representative at that
mine, except that, for the initial appointment of this member, the chief shall
appoint a person who works at an Ohio underground coal mine and who is familiar
with the use of diesel equipment at or around underground coal
mines.
(C) Terms. Each
member of the diesel technical advisory committee shall be appointed for a term
of three years. The chief may reappoint a member to serve an unlimited number
of successive three-year terms.
(D)
Functions. The diesel technical advisory committee shall provide the chief with
technical advice and recommendations concerning the technical operating aspects
of underground diesel-powered equipment. In fulfilling its role, the technical
advisory committee shall, at the written request of the chief, be available to:
(1) Review and make recommendations to the
chief regarding implementation of the use of diesel equipment in underground
coal mines pursuant to Chapter 1501:10-2 of the
Administrative Code
this
chapter ;
(2) Advise the chief
regarding operating parameters for the use of diesel-powered equipment in shaft
and slope construction operations at underground coal mines;
(3) Evaluate an alternative operating
procedure, alternative technology, new technology or major operational change
for diesel-powered equipment used in underground coal mines;
(4) Provide technical assistance to operators
regarding diesel equipment technologies;
(5) Conduct investigations along with the
chief's representative, and technical investigations relating to implementation
of the use of diesel equipment in underground coal mines; and
(6) Provide training regarding the
implementation of diesel equipment emission controls and emission
testing.
(E) Expenses.
Members of the diesel technical advisory committee shall be unpaid volunteers
representing the interests, health, and safety of underground coal miners in
the state of Ohio. A member shall receive no compensation but shall be
reimbursed from the mine safety fund for
the actual and necessary expenses incurred in the performance of the member's
function as a member of the technical advisory committee.
(F) Meetings. The diesel technical advisory
committee, after approval by the chief, shall meet at least quarterly, at times
as scheduled by the chairperson.
(G) Quorum. Actions of the diesel technical
advisory committee require that both members be present.
(H) Unanimous recommendation. If a
recommendation of the diesel technical advisory committee receives a unanimous
vote from the committee members, the committee shall submit this recommendation
to the chief in writing, including details regarding the advantages and
disadvantages of taking the recommended action.
(I) Divided recommendation. If a
recommendation does not receive a unanimous vote from the committee members,
each committee member shall submit a detailed written report to the chief
explaining the reasons for his or her position for or against the
recommendation.
(J) Chief to
provide support to the diesel technical advisory committee.
(1) The chief shall make clerical support and
assistance available to enable the technical advisory committee to carry out
its duties.
(2) The chief shall
make available to the technical advisory committee equipment for testing diesel
engine exhaust emissions and for measuring diesel engine surface temperatures
and exhaust gas temperatures.
(K) Technical investigation of an alternate
operating procedure, alternative technology, major operational change, or new
technology.
(1) Upon request of a coal miner,
coal mine operator or diesel-related technology manufacturer, or on its own
motion, the diesel technical advisory committee shall conduct a technical
investigation of the use of an alternate operating procedure, alternative
technology, major operational change, or new technology, provided that the
chief approves the technical investigation in writing. A technical advisory
committee recommendation resulting from an investigation under this paragraph
and approved by the chief may be applicable to all underground coal mines in
Ohio upon written notice by the chief to affected persons.
(2) Upon notice of a request of a coal mine
operator, and with the written approval of the chief, the technical advisory
committee shall consider a site-specific request for use of an alternate
operating procedure, alternative technology, major operational change, or new
technology. The technical advisory committee's recommendation on a request
submitted under this paragraph shall be on a site-specific basis. The technical
advisory committee shall conduct an investigation which shall include
consultation with the mine operator and the authorized representatives of the
miners at the mine. If there is no authorized representative of the miners for
the particular mine, the technical advisory committee shall consult with a
reasonable number of miners at the mine.
(3) Within one hundred eighty days of receipt
of a written request by
approval of
the chief under paragraph (K)(1) or (K)(2) of this rule, the technical advisory
committee shall complete its investigation and make a recommendation to the
chief. The time period under this paragraph may be extended with the consent of
the person who submitted the request. The technical advisory committee members
shall only recommend approval of the use of an alternate operating procedure,
alternative technology, major operational change, or new technology if, at the
conclusion of the investigation, the committee members have made a
determination that use of the alternate operating procedure, alternative
technology, major operational change, or new technology will not reduce or
compromise the level of health and safety protection afforded by this
chapter.
(4) The diesel technical
advisory committee shall submit to the chief one of three possible
recommendations:
(a) A unanimous
recommendation to approve the request for use of an alternate operating
procedure, alternative technology, major operational change, or new technology.
A recommendation under this paragraph shall be made in writing and include the
results of the investigation, the advantages and disadvantages of taking the
recommended action, and specific conditions of use for the alternate operating
procedure, alternative technology, major operational change, or new
technology;
(b) A unanimous
recommendation to reject the request for use of an alternate operating
procedure, alternative technology, major operational change, or new technology.
A recommendation under this paragraph shall be made in writing and explain in
detail the basis for the rejection; or
(c) A divided recommendation on the use of an
alternate operating procedure, alternative technology, major operational
change, or new technology. If there is a divided recommendation, each member of
the committee shall submit a detailed report to the chief, within fourteen days
of the technical advisory committee's vote, explaining the reasons for the
member's position for or against the recommendation.
(5) All recommendations shall identify all
persons with whom the technical advisory committee consulted during the
technical investigation.
(L) Action by the chief.
(1) The chief may request the technical
advisory committee to conduct a technical investigation in accordance with
paragraph (K) of this rule whenever a mine operator proposes any use of
underground diesel equipment in a manner that is not specifically permitted by
rules 1501:10-2-01 to 1501:10-2-27 of the Administrative Code
this
chapter .
(2) Decision by the
chief following a unanimous recommendation.
(a) If the technical advisory committee
submits a unanimous recommendation to the chief, the chief shall have thirty
days to make a decision either approving or rejecting the technical advisory
committee's recommendation. With the consent of the person who submitted the
request, this time period may be extended. If the chief does not make a
decision within the time requirements or any extension of the time requirements
of this paragraph, the technical advisory committee's recommendation shall be
deemed rejected.
(b) If the chief
approves the recommendation of the technical advisory committee with
modification, the chief shall notify the technical advisory committee, in
writing, of the modification and the reasons for the
modification.
(3)
Decision by the chief following a divided recommendation.
(a) If the technical advisory committee
submits a divided recommendation to the chief, the chief may, within thirty
days, set a date for a meeting with the members of the technical advisory
committee to discuss the reasons for the divided recommendation and to
determine whether additional information and further discussion might result in
a unanimous recommendation by the technical advisory committee.
(b) The chief shall have sixty days from the
date of the meeting with the technical advisory committee, or, if no meeting is
held, sixty days from receiving the recommendation, to make a decision either
approving or rejecting the technical advisory committee's recommendation. With
the consent of the person who submitted the request, this time period may be
extended. If the chief does not make a decision within the time requirements or
any extension of the time requirements of this paragraph, the technical
advisory committee's recommendation shall be deemed rejected.
(c) If the chief approves a recommendation of
the technical advisory committee with modification, the chief shall notify the
technical advisory committee, in writing, of the modification and the reasons
for the modification.
(4)
The chief may approve the use of an alternate operating procedure, alternative
technology, major operational change, or new technology in accordance with
paragraph (K) of this rule if approval does not reduce or compromise the level
of health and safety protection afforded by this chapter.
(M) Action taken by the chief under
paragraph (L) of this rule
to approve or reject a recommendation, or to not make a
decision on a recommendation within the time requirements, is subject to
appeal under section 1513.13 of the Revised
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 121.13, 1513.02, 1567.35
Prior Effective Dates: 11/03/2011
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.