| In the matter of Tory Mining, Inc. Mine No. 1 I.D. No. 15-17163 | Petition for Modification Docket No. M-96-012-C |
Date Issued: 04/12/1997
PROPOSED DECISION AND ORDER
On February 20, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.342 to Petitioner's Mine No. 1, 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, comments, 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, comments, 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 75.342 to the subject mine will not result in a diminution of safety to the miners and the Petitioner's proposed alternative method will not all times provide a safe work environment to the miners.
The review of the circumstances surrounding the petition and the condition of the mine revealed that each of the six S&S Model 482 battery powered scoops at the mine is at some time used to load coal from the working faces, that each is equipped with an MSHA approved methane monitor which when properly maintained complies with 30 CFR 75.342 and that the proposed alternative method of removing those monitors and relying on machine mounted/hand held continuous duty methane detectors does not provide the same measure of protection as the standard. The operator's proposed alternative method requests to waive the more robust monitoring system which will automatically withdraw power from the machines and to rely on the manual withdraw of power when the equipment operator detects a 1% methane concentration. The use of hand held methane detectors and the withdraw of power are required by 30 CFR 75.320 and 75.323(b)(i). Therefore, the proposed alternative method offers nothing not already required by the mandatory safety standards as a justification for waiving the required machine mounted methane monitors.In addition, Section 75.342(c)(2) requires that the methane monitor shall automatically deenergize the equipment on which the monitor is mounted when the monitor is not operating properly. This additional protection would be sacrificed if the petition were granted.
Also, MSHA's investigation did not confirm the petitioner's allegations that methane has never been detected in the working places of the active mine or that granting the requested relief would eliminate problems caused by malfunctioning machine mounted methane monitors. The investigation revealed that the mine has had detectible amounts of methane and that the problem(s) with the scoops is not related to the methane monitors or mining conditions.
On the basis of the petition and the findings of MSHA's investigation, Tory Mining, Inc. is not granted a modification of the application of 30 CFR 75.342 to its Mine No. 1.
The review of the circumstances surrounding the petition and the condition of the mine revealed that each of the six S&S Model 482 battery powered scoops at the mine is at some time used to load coal from the working faces, that each is equipped with an MSHA approved methane monitor which when properly maintained complies with 30 CFR 75.342 and that the proposed alternative method of removing those monitors and relying on machine mounted/hand held continuous duty methane detectors does not provide the same measure of protection as the standard. The operator's proposed alternative method requests to waive the more robust monitoring system which will automatically withdraw power from the machines and to rely on the manual withdraw of power when the equipment operator detects a 1% methane concentration. The use of hand held methane detectors and the withdraw of power are required by 30 CFR 75.320 and 75.323(b)(i). Therefore, the proposed alternative method offers nothing not already required by the mandatory safety standards as a justification for waiving the required machine mounted methane monitors.In addition, Section 75.342(c)(2) requires that the methane monitor shall automatically deenergize the equipment on which the monitor is mounted when the monitor is not operating properly. This additional protection would be sacrificed if the petition were granted.
Also, MSHA's investigation did not confirm the petitioner's allegations that methane has never been detected in the working places of the active mine or that granting the requested relief would eliminate problems caused by malfunctioning machine mounted methane monitors. The investigation revealed that the mine has had detectible amounts of methane and that the problem(s) with the scoops is not related to the methane monitors or mining conditions.
On the basis of the petition and the findings of MSHA's investigation, Tory Mining, Inc. is not granted a modification of the application of 30 CFR 75.342 to its Mine No. 1.
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 Tory Mining, Inc.'s Petition for Modification of the application of 30 CFR 75.342 in the Mine No. 1 is hereby:
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 |
