| In the matter of Consolidation Coal Company Osage No. 3 Mine I.D. 46-01455 | Petition for Modification Docket No. M-93-35-C |
Date Issued: (no date provided yet)
PROPOSED DECISION AND ORDER
On March 2, 1993, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(1) to Petitioner's Osage No. 3 Mine, located in Monongalia County, West Virginia. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and 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.
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
Application of 30 CFR 75.364(b)(1) to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.
On the basis of the petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.364(b)(1) to its Osage No. 3 Mine.
On the basis of the petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.364(b)(1) to its Osage No. 3 Mine.
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 Consolidation Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(1) in the Osage No. 3 Mine is hereby:
GRANTED, for examination of Main West intake aircourses, conditioned upon compliance with the following terms and conditions:
1. Monitoring stations which allow effective evaluation of air flow through each of the three intake air splits used to ventilate the area adjacent to sealed areas at 11 South, 12 South and No. 1 Side Track, and 13 and 14 South between adjacent haulage markers 318+00 and 455+00 shall be established at the following locations:
(a) A monitoring station located at the open crosscut between entries No. 3 and 4 adjacent to 12 South Side Track near haulage marker 371+00, to monitor the air entering the Main West aircourses.
(b) Six monitoring stations located in entries Nos. 1, 2 and 3 of Main West, east and west of the open crosscut between entries Nos. 3 and 4, to monitor the air entering the air splits (east splits ventilate 12 South and No. 1 Side Track seals and west splits ventilate 13 and 14 South seals).
(c) A monitoring station located in the track entry crosscut between No. 1 and No. 2 entries of Main West prior to entering 11 South (inby the overcast near haulage marker 324+00), to monitor the air entering the 11 South aircourse (this split ventilates 11 South seals).
(d) Two monitoring stations (Attachment A, Check Point 1) located in entries No. 1 and 2 of Main West near haulage marker 455+00, to monitor the air leaving the Main West aircourse after ventilating Nos. 13 and 14 South seals.
(e) A monitoring station located at 12 South regulator near haulage marker 366+00 (Attachment A, labeled revised location Check Point 4), to monitor the air ventilating 12 South seals.
(f) A monitoring station located at the open crosscut immediately out by No. 1 Side Track seals near haulage station 331+00 (Attachment A,
labeled revised location Check Point 5), to monitor the air ventilating 12 South seals and the first six seals at No.1 Side Track).
(g) A monitoring station located in the most easterly entry of 11 South one block outby the seal (Attachment A, Check Point 6), to monitor the air leaving the aircourse after ventilating the 11 South seals.
(h) A monitoring station located in the pipe overcast which crosses entry No. 3 of Main West near track haulage station 318+00 (Attachment A, Check Point 7), to monitor the leaving the aircourse after ventilating 12-South seals, No. 1 Side Track seals, and 11 South seals. This monitoring station will require use of appropriate Pitot tube and magnahelix to measure air
velocity; a wand or extension to an appropriate gas detection device inserted into the pipe overcast air stream; and, the ability to convert overcast diameter and velocity pressure measurements to air flow volume.
2. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travel entry.
3. Similar signs for safe travel routes to seals being examined within the petitioned aircourse(s) shall also be provided in adjacent travel entries.
4. Daily evaluations shall be conducted by a certified person at each of the monitoring stations. The evaluation shall include the quantity and quality of air entering or exiting the monitoring station.
5. A diagram showing the normal direction of the air flow shall be posted at each monitoring station. The diagram shall be maintained in legible condition and any change in air flow direction shall be reported to the mine foreman for immediate investigation.
6. The date, initial of the examiner, time and the measured quantity and quality of air shall be recorded in a book, or on a date board, that shall be provided at the monitoring stations. Such results shall also be recorded in a book kept on the surface and made accessible to all interested parties.
7. All monitoring stations and approaches to monitoring stations shall, at all times, be maintained in a safe condition. The roof shall be adequately supported by roof bolts or other suitable means to prevent deterioration of the roof in the vicinity of the stations.
8. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for intake air. An increase of 0.5 per centrum methane above the last previous methane reading or a 10 percent change in air flow quantity shall cause an immediate investigation of the affected area.
9. The monitoring station locations and air quantity and quality measurements shall be shown on the annually submitted mine ventilation map. The stations shall not be moved to another location without prior approval by the District Manager as a part of the Ventilation Plan for the mine.
10. Prior to implementing this alternative method, all mine personnel will be instructed that no travel into Main West intake air splits except along designated routes shall be permitted and all other approaches shall be fenced off or barricaded with "DO NOT ENTER" warning signs. Entry in the area shall be permitted only to investigate and correct significant problems with air flow detected through the monitoring process and all such work will be done under the supervision of an authorized person. All persons who work in this area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383.
11. 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 include initial and refresher training regarding compliance with this 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, 4015 Wilson Boulevard, Arlington,
Virginia 22203.
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.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
