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 E—Safeguards for Mechanical Equipment

30 C.F.R. § 77.400

Mechanical equipment guards

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(a) Gears; sprockets; chains; drive, head, tail, and takeup pulleys; flywheels; couplings; shafts; sawblades; fan inlets; and similar exposed moving machine parts which may be contacted by persons, and which may cause injury to persons shall be guarded.

(b) Overhead belts shall be guarded if the whipping action from a broken line would be hazardous to persons below.

(c) Guards at conveyor-drive, conveyor-head, and conveyor-tail pulleys shall extend a distance sufficient to prevent a person from reaching behind the guard and becoming caught between the belt and the pulley.

(d) Except when testing the machinery, guards shall be securely in place while machinery is being operated.

Notes of Decisions
Cited in 4 cases, 1978–2012 · leading case: Pennsylvania Elec. Co. v. Fed. Mine Saf. & Health Review Comm'n, 969 F.2d 1501 (3rd Cir. 1992).
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Pennsylvania Elec. Co. v. Fed. Mine Saf. & Health Review Comm'n, 969 F.2d 1501 (3rd Cir. 1992). · cites it 4× “30 C.F.R. § 77.400 (c). Penelec does not contest that it failed to guard the cited head drives or that MSHA satisfied its burden of proof with regard to the existence of the violations underlying the citations.”
Mainline Rock & Ballast, Inc. v. Sec'y of Labor, 693 F.3d 1181 (10th Cir. 2012). “Additionally, the ALJ’s conclusion is bolstered by the Commission’s interpretation of a similar regulation, 30 C.F.R. § 77.400 , which requires that guards be installed around moving machine parts at surface coal mines.”
Holland v. United States, 464 F. Supp. 117 (W.D. Ky. 1978). “512 (1972) and 30 C.F.R. § 77.400 (1972) is without merit.”
Mainline Rock v. MSHA (10th Cir. 2012). “Additionally, the ALJ’s conclusion is bolstered by the Commission’s interpretation of a similar regulation, 30 C.F.R. § 77.400 , which requires that guards be installed around moving machine parts at surface coal mines.”
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