Petition for Modification
In the matter of
A, B & J Coal Company, Inc.
Mine No. 3C
I.D. No. 15-18313
Docket No. M-2002-108-C
30 CFR 75.503 (18.41(f) of Part 18)
PROPOSED
DECISION AND ORDER
On November 13, 2002 a petition was filed
seeking a modification of the application of 30 CFR 75.503 (18.41(f) of Part
18) to Petitioner's Mine No. 3C located in Pike County, Kentucky. The Petitioner alleges that the alternative
method proposed in the petition will at all times guarantee no less than the
same measure of protection afforded by the standard.
MSHA personnel conducted an investigation of
the petition and filed a report of their findings and recommendations with the
Administrator for Coal Mine Safety and Health.
After a careful review of the entire record, including the petition, and
MSHA's investigative report and recommendation, this Proposed Decision and
Order is issued.
Finding
of Fact and Conclusion of Law
The use of a padlock is provided for by 30 CFR
18.41(f) which allows a padlock to be used instead of an interlock provided
that the plug is held in place by a threaded ring or equivalent mechanical
fastening device in addition to the padlock.
The padlock with this fastening configuration maintains mobile
battery-powered machines and accessories in permissible condition as specified
in 30 CFR 75.503.
The granting of this modification permits the
use of a spring-loaded device with specific fastening characteristics in lieu
of a padlock with its fastening configuration to secure plugs and electrical
type connectors to batteries and to the permissible mobile powered equipment
the batteries serve. As an acceptable
alternative to the padlock configuration, the round eye bolt snap spring-loaded
device configuration will prevent accidental separation of the battery plugs
from their receptacles during normal operation of the battery equipment.
The allowance of a round eye bolt snap device
in lieu of a padlock configuration in this 30 CFR 75.503 modification, does not
waive the controlling accessibility in the lockout and tag requirements of 30
CFR 75.511.
The alternative method proposed by the
Petitioner (as amended by the recommendations of MSHA) will at all times
guarantee no less than the same measure of protection afforded the miners under
30 CFR 75.503.
On the basis of the petition and the findings of MSHA'sinvestigation, A, B & J Coal Company,
Inc. is granted modification of the application of 30 CFR 75.503 to its Mine
No. 3C.
ORDER
Wherefore, pursuant to the authority
delegated by the Secretary of Labor to the Administrator for Coal Mine Safety
and Health, and pursuant to Section 101(c) of the Federal Mine Safety and
Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that the A, B & J
Coal Company, Inc.'s Petition for Modification of the application of 30 CFR
75.503 in its Mine No. 3C is hereby:
GRANTED, for the use of permanently installed spring-loaded locking devices in lieu of padlocks
on battery plug and receptacle-type connectors for mobile battery-powered equipment,
conditioned upon compliance with the following
terms and conditions:
1.
Spring-loaded locking devices
shall be installed and maintained to prevent the threaded rings securing the
battery plugs to the battery receptacles from unintentional loosening.
2.
Locking device brackets shall be
securely attached to the battery receptacles to prevent loss of the brackets.
3.
All battery plug connectors on
battery-powered equipment using this alternative means of compliance shall be
provided with a warning tag that states:
"DO NOT DISENGAGE PLUGS UNDER LOAD."
4.
The Petitioner's alternative
method shall not be implemented until all personnel who operate and maintain
battery-powered mobile equipment have received training in the proper use of
alternative locking devices, hazards associated with breaking battery connections
under load, and hazards associated with breaking cable couplers in areas where
equipment is required to be permissible.
5.
Within 60 days after this
Proposed Decision and Order becomes final, the Petitioner shall submit proposed
revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety
and Health District Manager. These
proposed revisions shall specify initial and refresher training regarding the
terms and conditions stated in the Proposed Decision and Order.
Any party to this
action desiring a hearing on this matter must file in accordance with 30 CFR
44.14, within 30 days. The request for
hearing must be filed with the Administrator for Coal Mine Safety and Health,
1100 Wilson Boulevard, Arlington,Virginia
22209-3939.
If a hearing is
requested, the request shall contain a concise summary of position on the
issues of fact or law desired to be raised by the party requesting the hearing,
including specific objections to the proposed decision. A party other than Petitioner who has
requested a hearing shall also comment upon all issues of fact or law presented
in the petition, and any party to this action requesting a hearing may indicate
a desired hearing site. If no request
for a hearing is filed within 30 days after service thereof, the Decision and
Order will become final and must be posted by the operator on the mine bulletin
board at the mine.
____________________________
John F. Langton
Acting Deputy Administrator
for Coal Mine Safety and Health
