AB P.E. wrote:
It is not that simple. NEC article 250.188 provides specifics for mobile equipment grounding, such as surface mining equipment...
It is not that simple either. Yes, NEC at least appears to exclude surface mobile mining equipment and all underground equipment, despite having sections like article 250.188 that would specifically apply to mobile mining equipment. Technically NEC does apply to for instance a non-portable pumping station.
Despite the way it is written, mines do NOT follow any part of OSHA (29 CFR), and although some states (New Jersey, West Virginia are two I am absolutely certain about) have jurisdictional authority, in many states they are excluded from enforcement either partially or completely. NEC is required at the state level, not federally. In states where states do enforce mining laws, I haven't seen a case in surface metal/nonmetal where they have enforced the parts of NEC you quoted. All mines fall under MSHA (30 CFR). There are regular turf battles back and forth between the two agencies. To make it even more confusing, surface metal/nonmetal is treated differently from the others (coal both surface and underground, and underground metal/nonmetal). In the coal/underground mines, MSHA has their very own version of "UL" and certain equipment must be MSHA approved (CE and UL are not sufficient).
MSHA treats NEC as part of that "OSHA stuff" and doesn't enforce except when it is convenient for them to do so. Basically almost all mining regulations are subject to the whims and vagaries of the MSHA inspectors. Their own regulation is incredibly poorly written and routinely gets them tied up in law suits. There is currently a court backlog of 6-8 years. MSHA inspectors pretty much ignore federal court rulings as well, and there are some famous cases where this has happened. In one case, the courts ruled against MSHA and on the very NEXT visit, the MSHA inspector cited the prevailing company again for the exact same reason, saying essentially "go ahead and sue us". The situation has gotten even worse since MSHA now recognizes enforcement actions as a profit center for their agency and has stated this pretty openly.
High resistance grounding and ground check systems are only required in coal and underground operations. They are not required in surface metal/nonmetal mines, and the vast majority of them either don't use either or use only the high resistance grounding part. This is well settled. It irritates the coal miners to no end that those "gold and sand mines" are exempt and they will be pretty up front about this. It's not so much the high resistance grounding as it is the ground check system that is a royal pain on surface and has a lot of practical as well as theoretical weaknesses.
Where the sections of NEC that you mentioned ARE required would be for instance ship unloaders that are very similar to a mobile coal reclaimer/stacker in design.