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. § 77.404

Machinery and equipment; operation and maintenance

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(a) Mobile and stationary machinery and equipment shall be maintained in safe operating condition and machinery or equipment in unsafe condition shall be removed from service immediately.

(b) Machinery and equipment shall be operated only by persons trained in the use of and authorized to operate such machinery or equipment.

(c) Repairs or maintenance shall not be performed on machinery until the power is off and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments.

(d) Machinery shall not be lubricated while in motion where a hazard exists, unless equipped with extended fittings or cups.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1998–2026 · 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× “4041303 was issued for the automatic transmission gear shift mechanism being worn out and the indicator not synchronizing properly, in violation of 30 CFR 77.404(a); 3. Citation No. 4041301 was issued for the park brake being inoperative on the 1977 Ford, Model F-250 truck, in…”
Sec'y of Labor v. KC Transp., Inc., 77 F.4th 1022 (D.C. Cir. 2023). · cites it 7× “Because the trucks’ conditions violated safety standard 30 C.F.R. § 77.404 (c), the MSHA inspector issued KC Transport two citations.”
Sec'y of Labor v. KC Transp., Inc. (D.C. Cir. 2026). · cites it 4× “” 30 C.F.R. § 77.404 (c) (2019). Two of KC Transport’s trucks, however, were unblocked.”
Grostefon v. Cintas Corp. No. 2 (S.D. Ind. 2021). “See 30 C.F.R. § 77.404 (a); see also 30 U.S.C.”
Brown v. Appalachian Mining (4th Cir. 1998). · cites it 2× “On appeal, Brown now cites 30 C.F.R. § 77.404 (a) as having been violated.”
— 30 C.F.R. § 77.404(a) — 1 case
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). “4041303 was issued for the automatic transmission gear shift mechanism being worn out and the indicator not synchronizing properly, in violation of 30 CFR 77.404(a); 3. Citation No. 4041301 was issued for the park brake being inoperative on the 1977 Ford, Model F-250 truck, in…”
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