On June 6, 1994, a petition was filed by Cominco Alaska Inc., seeking a modification of the application of 30 CFR §56.6306(b) as it applies to petitioner's Red Dog Mine (I.D. Number 50-01545) located in the Northwest Arctic near Kotzebue, Alaska.
The petitioner asserts that the proposed alternative method outlined in the petition, to allow explosives to be loaded into selected holes during the drilling process, would enhance the safety associated with the explosives standard and at all times guarantee no less than the same measure of protection for miners as afforded by the standard. When a pattern of holes is drilled for blasting, random holes may fill with water and mud which migrates through geologic strata such as permafrost. The water often freezes and prevents explosives from being loaded without additional drilling (reaming) of the previously drilled holes. This phenomenon occurs mostly between April and June.
The loading of explosives is currently being performed after the drilling cycle is completed. However, it is necessary to ream some holes to clear ice and mud which presents the dual hazards associated with the reaming of holes adjacent to loaded holes, and moving the loading mobile equipment over the previously loaded holes in the blasting area.
This alternate method was proposed as a means to limit the additional reaming and subsequent transport of mobile drilling equipment and explosives equipment in areas that are partially loaded with explosives. The alternate method of this petition provides for an equal or greater amount of safety than the current safety standard when these freeze back conditions associated with this unique environment occur and reaming is required.
Standard 30 CFR §56.6306, Loading and blasting, provides in part:
(a) Vehicles and equipment shall not be driven over explosive material or initiating systems in a manner which could contact the material or system, or create other hazards.
(b) Once loading begins, the only activities permitted within the blast site shall be those activities directly related to the blasting operation and the activities of surveying, stemming, sampling of geology, and reopening of holes provided that reasonable care is exercised. Haulage activity is permitted near the base of the highwall being loaded provided no other haulage access exists.
(c) Loading shall be continuous except where adverse circumstances such as unfavorable atmospheric conditions, large equipment failure, or circumstances beyond the operator's control necessitate an interruption in loading.
Mine Safety and Health Administration(MSHA) investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings with the Administrator for Metal and Nonmetal. The information received from the petitioner was incomplete and resulted in a request for additional geological information that describe physical factors that contribute to freeze-back. On January 6, 1996 the petitioner submitted this additional information.
A resubmission request for a change in the subsection from 56.6306(b) to 56.6306(c) was also made at this time. This change was a result of modification of explosives rules. The final rule on explosives was effective on September 10, 1996, which incorporated this change. The petitioner requested the same relief, however, namely that of loading explosives in selected holes when freeze back conditions are encountered that produce additional hazardous practices when drilling (reaming) is required.
After a careful review of the entire record, including the petition and MSHA's investigative report this Proposed Decision and Order is issued.
The alternative method set forth in this Proposed Decision and Order will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR §56.6306(c) as it pertains to an alternative method of loading explosives is hereby:
GRANTED, conditioned upon compliance with the following:
1. The alternate method of immediate loading of explosives into drill holes may be used only in an area where water or mud is migrating into the drilled blast holes and when weather and low temperature cause a freeze back condition.
2. The mine operator shall notify the MSHA District Manager immediately when freeze back conditions are encountered that require implementation of the practice of immediately loading of drill holes. Notification by facsimile is acceptable. Such notification shall be required for the period when the freeze back conditions commence which is usually from early April until late June.
3. For the purpose of this petition the dates of the freeze back potential are April 1 through June 30. Requests for the use of this procedure at times other than the period specified above shall be made to the District Manager and shall be limited to a time period of 5 consecutive days.
4. A blast hole shall never be drilled within 10 feet horizontally of another hole containing explosives.
5. A blast hole shall never be collared or drilled until the drill is level and stable. This is to be accomplished by the leveling and alignment devices on the drill to ensure that all holes are drilled vertically.
6. To be considered for this alternate method, a drilled hole must not be more than 31 feet in depth and have a diameter of at least 6 inches. All holes drilled within the blast site shall be less than 31 feet in depth and have a diameter greater than 6 inches.
7. Whenever this alternate method is implemented, the drilling and explosive loading process must be conducted under the direct supervision of the Drill/Blast Supervisor, or a qualified designated alternate, who shall be present at the drill site.
8. All persons, except for the driller shall be moved to a safe location prior to and during all drilling activities within 30 feet of a loaded hole.
9. Whenever conditions exist that do not present freeze back, this alternate method shall not be used and the operator shall utilize conventional drilling and loading procedures that do not incorporate immediate loading of explosives into drill holes.
10. Any drilled holes that are loaded with explosives early under this alternative method shall be conspicuously and clearly identified and marked to prevent equipment from moving over the loaded holes.
11. All persons involved in the loading of explosives immediately behind the drill shall be trained in the specific conditions of this alternate method before working on drilling or blasting activities. Training records of this alternative method shall be retained for a period of three years and made available to the Secretary or his representative upon request.
12. Drilling and blasting records of all instances when the practice is utilized shall be made available to the Secretary or his representative upon request. Such records are to be maintained for a period of three years.
Any party to this action desiring a hearing must file a request for hearing, in accordance with 30 CFR §44.14 (1994), within 30 days of the Proposed Decision and Order with the Administrator for Metal and Nonmetal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203. Unless a request for a hearing of this Proposed Decision and Order is filed within 30 days, the Proposed Decision and Order will become final pursuant to 30 CFR §44.13(b).
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 and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition.
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 thereof, this Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
This granted petition for modification is subject to review by the Administrator for Metal and Nonmetal and may be revised if a change in circumstances occurs, or findings which originally supported the terms or conditions of this granted modification are no longer valid.
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Vernon R. Gomez
Administrator for
Metal and Nonmetal
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