C.F.R. » Title 30 » CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER O—COAL MINE SAFETY AND HEALTH › PART 77—MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES › Subpart Q—Loading and Haulage

30 C.F.R. § 77.1605

Loading and haulage equipment; installations

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(a) Cab windows shall be of safety glass or equivalent, in good condition and shall be kept clean.

(b) Mobile equipment shall be equipped with adequate brakes, and all trucks and front-end loaders shall also be equipped with parking brakes.

(c) Positive-action type brakes shall be provided on aerial tramways.

(d) Mobile equipment shall be provided with audible warning devices. Lights shall be provided on both ends when required.

(e) Guard nets or other suitable protection shall be provided where tramways pass over roadways, walkways, or buildings.

(f) Guards shall be installed to prevent swaying buckets from hitting towers.

(g) Aerial tramway cable connections shall be designed to offer minimum obstruction to the passage of wheels.

(h) Rocker-bottom or bottom-dump cars shall be equipped with positive locking devices, or other suitable devices.

(i) Ramps and dumps shall be of solid construction, of ample width, have ample clearance and headroom, and be kept reasonably free of spillage.

(j) Chute-loading installations shall be designed so that the men pulling chutes are not required to be in a hazardous position during loading operations.

(k) Berms or guards shall be provided on the outer bank of elevated roadways.

(l) Berms, bumper blocks, safety hooks, or similar means shall be provided to prevent overtravel and overturning at dumping locations.

(m) Roadbeds, rails, joints, switches, frogs, and other elements on railroads shall be designed, installed, and maintained in a safe manner consistent with the speed and type of haulage.

(n) Where practicable, a minimum of 30 inches continuous clearance from the farthest projection of moving railroad equipment shall be provided on at least one side of the tracks; all places where it is not possible to provide 30-inch clearance shall be marked conspicuously.

(o) Track guardrails, lead rails, and frogs shall be protected or blocked so as to prevent a person's foot from becoming wedged.

(p) Positive-acting stop-blocks, derail devices, track skates, or other adequate means shall be installed wherever necessary to protect persons from runaway or moving railroad equipment.

(q) Switch throws shall be installed so as to provide adequate clearance for switchmen.

(r) Where necessary, bumper blocks or the equivalent shall be provided at all track dead ends.

Notes of Decisions
Cited in 6 cases, 1979–2015 · leading case: Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002).
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Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). · cites it 2× “4041301 was issued for the park brake being inoperative on the 1977 Ford, Model F-250 truck, in violation of 30 CFR 77.1605(b). The jury found that the accident was caused solely by the defective design of the transmission system installed by Ford in the F-250 pickup truck at…”
Raymer v. United States, 660 F.2d 1136 (6th Cir. 1981). “The plaintiffs also charged that the inspectors were negligent in not citing Peabody for failure to provide berms and guardrails on the elevated levee road, a claimed requirement of 30 C.F.R. § 77.1605 (k) (1971). The district court rendered two decisions in this case.”
Peabody Midwest Mining, LLC v. Fed. Mine Saf. & Health Review Comm'n, 762 F.3d 611 (7th Cir. 2014). · cites it 2× “” See 30 C.F.R. §§ 77.1605 (k), 77.2(d). Black Beauty contested the cita *613 tion before an Administrative Law Judge of the Federal Mine Safety and Health Review Commission, but the ALJ upheld the citation, and Black Beauty sought review by the Commission.”
Raymer v. United States, 482 F. Supp. 432 (W.D. Ky. 1979). “” 30 C.F.R. 77.1605(k) reads as follows: “Berms or guards shall be provided on the outer bank of elevated roadways.”
Rex Coal Co. v. Sec'y of Labor, Mine Saf. & Health Admin., 630 F. App'x 359 (6th Cir. 2015). · cites it 3× “1607 (b); 2) failure to equip the truck with adequate brakes in violation of 30 C.F.R. § 77.1605 (b); and 3) failure to perform an effective preshift inspection of the truck in violation of 30 C.”
Hawkeye Constr. Co. v. Little Ex Rel. Little Ex Rel. Little, 151 S.W.3d 360 (Ky. Ct. App. 2004). “Moreover, it may be inferred from those circumstances that Hawkeye’s failure to comply with 30 CFR § 77.1605 (k) and KRS 338.031(1) was intentional.”
— 30 C.F.R. § 77.1605(b) — 1 case
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). “4041301 was issued for the park brake being inoperative on the 1977 Ford, Model F-250 truck, in violation of 30 CFR 77.1605(b). The jury found that the accident was caused solely by the defective design of the transmission system installed by Ford in the F-250 pickup truck at…”
— 30 C.F.R. § 77.1605(k) — 1 case
Raymer v. United States, 482 F. Supp. 432 (W.D. Ky. 1979). “” 30 C.F.R. 77.1605(k) reads as follows: “Berms or guards shall be provided on the outer bank of elevated roadways.”
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