Page:United States Statutes at Large Volume 120.djvu/525

 120 STAT. 494

PUBLIC LAW 109–236—JUNE 15, 2006 consideration all comments submitted by miners or their representatives. Approved plans shall— ‘‘(i) afford miners a level of safety protection at least consistent with the existing standards, including standards mandated by law and regulation; ‘‘(ii) reflect the most recent credible scientific research; ‘‘(iii) be technologically feasible, make use of current commercially available technology, and account for the specific physical characteristics of the mine; and ‘‘(iv) reflect the improvements in mine safety gained from experience under this Act and other worker safety and health laws. ‘‘(D) PLAN REVIEW.—The accident response plan under subparagraph (A) shall be reviewed periodically, but at least every 6 months, by the Secretary. In such periodic reviews, the Secretary shall consider all comments submitted by miners or miners’ representatives and intervening advancements in science and technology that could be implemented to enhance miners’ ability to evacuate or otherwise survive in an emergency. ‘‘(E) PLAN CONTENT-GENERAL REQUIREMENTS.—To be approved under subparagraph (C), an accident response plan shall include the following: ‘‘(i) POST-ACCIDENT COMMUNICATIONS.—The plan shall provide for a redundant means of communication with the surface for persons underground, such as secondary telephone or equivalent two-way communication. ‘‘(ii) POST-ACCIDENT TRACKING.—Consistent with commercially available technology and with the physical constraints, if any, of the mine, the plan shall provide for above ground personnel to determine the current, or immediately pre-accident, location of all underground personnel. Any system so utilized shall be functional, reliable, and calculated to remain serviceable in a post-accident setting. ‘‘(iii) POST-ACCIDENT BREATHABLE AIR.—The plan shall provide for— ‘‘(I) emergency supplies of breathable air for individuals trapped underground sufficient to maintain such individuals for a sustained period of time; ‘‘(II) in addition to the 2 hours of breathable air per miner required by law under the emergency temporary standard as of the day before the date of enactment of the Mine Improvement and New Emergency Response Act of 2006, caches of selfrescuers providing in the aggregate not less than 2 hours per miner to be kept in escapeways from the deepest work area to the surface at a distance of no further than an average miner could walk in 30 minutes;

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