| In the matter of Costain Coal Inc. Wheatcroft Mine I.D. No. 1513920 Baker Mine I.D. No. 1514492 | Petition for Modification Docket No. M-94-077-C |
Date Issued: 01/11/1997
On June 13,1994, a petition was filed seeking a modification of the application of 30 CFR 75.380(f)(2) to Petitioner's Wheat croft, Baker and J. Smith Underground No. 1 Mines, located in Webster County, Kentucky. The Petitioner alleges that the alternative method outlined 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.
The alternative method proposed by the Petitioner (as amended byclusion of Law the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.380(f)(2).
On the basis of the petition and the findings of MSHA's inves tigation, Costain Coal Inc., is granted a modification of the application of 30 CFR 75.380(f)(2) to its Wheatcroft, Baker and J. Smith Underground No. 1 Mines.
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 Costain Coal Inc.'s Petition for Modification of the application of 30 CFR 75.380(f)(2) in the Wheatcroft, Baker and J. Smith Underground No. 1 Mines is hereby:
GRANTED, for the use of battery powered electric golf carts or other small battery powered personnel carrier in primary escapeways, conditioned upon compliance with the following terms and conditions:
- All golf carts and small battery powered personnel
carriers shall be equipped with two ten pound
multipurpose dry chemical fire extinguishers.
- All golf carts and small battery powered personnel
carriers shall be operated only by persons task
trained in the use of battery powered mobile
equipment, the use of dry chemical fire extin
guishers, and the hazards of battery fire fire
fighting.
- All golf cart and small battery powered personnel
carrier battery compartments shall be covered with
a layer of noncombustible and nonconductive mate
rial such that battery terminals cannot come in
contact with the metal cover(s) above the batter
ies.
- 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, refresher training and task training regarding the special terms and conditions specified by 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, 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 |
