MEMORANDUM FOR SIP-IV DOCKET
DATE: August 23, 2017
SUBJECT: Conference call with representatives from Caterpillar regarding proposed revisions to § 1926.800(k)(10)(ii)
PARTICIPANTS: 	Blake Skogland, OSHA
			Garvin Branch, OSHA
			Lisa Wilson, Office of the Solicitor of Labor  -  OSH Division
			George Lin, Caterpillar
			Craig Hodges, Caterpillar
			Charles Crowell, Caterpillar

      OSHA received a comment from Caterpillar (OSHA-2012-0007-0762) that supported the proposed changes regarding the substitution of 30 CFR 57.5067 for former Part 32, but recommended that OSHA not require compliance with sections 75.1909, 75.1910, and 75.1911(a) through (i) of part 30.  The comment explained that requiring compliance with sections 75.1909, 75.1910, and 75.1911(a) through (i) of part 30, "would create some conflict or, at the least, confusion...and inappropriately add underground coal-mining equipment requirements to equipment used in non-coal environments."  The Agency felt that clarification from Caterpillar was necessary as to why it felt requiring compliance with sections 75.1909, 75.1910, and 75.1911(a) through (i) of part 30 was inappropriate.
      To obtain clarification, OSHA hosted a conference call on August 23, 2017, with Caterpillar representatives.  They stated that all engines used in underground coal mines must be approved by MSHA, but that for metal/non-metal mines, the engines can be approved by MSHA or be EPA compliant.  They explained that sections 75.1909, 75.1910, and 75.1911(a) through (i) of part 30 apply to equipment used in coal mines, with their unique hazards, but that 30 CFR 57.5067 applies to equipment used in underground metal and nonmetal mines.  They stated that the use of diesel engines for underground construction is much more like use in a metal/non-metal mine than in a coal mine.  Caterpillar participants also recommended that OSHA look at alternative standards related to equipment used in underground metal and nonmetal mines such as 30 CFR 57.14100-14162  -  Safety Devices and Maintenance Requirements or 30 CFR 57.5060-5075  -  Diesel Particulate Matter  -  Underground Only.
