1. The Administrator shall adopt regulations for mine health and safety as necessary to provide safe and healthful working conditions at mines. The regulations must provide protection that is at least equal to the protection provided by the Federal Mine Safety and Health Act, 30 U.S.C. 801 et seq., as amended. The Administrator may consider the following sources in adopting the regulations: (a) Common practices of the mining industry; (b) The American National Standards Institute; (c) The American Society of Mechanical Engineers; (d) The American Society for Testing and Materials International; (e) Applicable provisions contained in the Code of Federal Regulations; (f) The National Fire Protection Association, including, without limitation, the National Electrical Code; (g) Any national consensus standard; and (h) Any safety order legally adopted by the Administrator. 2. The Administrator shall forward a copy of each regulation adopted under this section to the operator of each mine and to the representative of the workers, if any, at the mine. Failure to receive a copy of the regulation does not relieve anyone of the obligation to comply with it.
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