| In the matter of Consolidation Coal Company Loveridge No. 22 Mine I.D. No. 46-01433 | Petition for Modification Docket No. M-96-044-C |
Date Issued: (no date provided yet)
PROPOSED DECISION AND ORDER
On April 29, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(1) to Petitioner's Loveridge No. 22 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 (specifically, the mine examiner if required to travel through the roof-sagged area in the return aircourse) 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 for the miners.
MSHA's investigation confirmed that roof sag and entry closure in the 60-foot petitioned aircourse segment makes the location nearly impassible and there is no room for installation of additional conventional roof support. The location is not readily accessible. Rehabilitation using mechanized equipment would disrupt the mine access and rail haulage in and through the Sugar Run Portal area. These circumstances support the conclusion that application of the standard would be a diminution of safety to the certified mine examiners, as well as persons attempting rehabilitation, and other miners using or working in the area.
The limited extent of the petitioned area and minimum number of ventilation controls creating the aircourse through that area were found to be consistent with the use of weekly evaluations conducted at monitoring stations. Any water accumulations in the aircourse will also be present in the nearby track entries and any sudden disruption of air flow in the petitioned aircourse will also be apparent in the air flow entering the "old inside shop"/battery charging station which is subject to preshift examinations under 30 CFR 75.360(b)(9). These factors suggest that no apprecable gain in information would result by requiring daily examinations. Thus weekly examinations are acceptable under the circumstances.
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 Loveridge No. 22 Mine.
MSHA's investigation confirmed that roof sag and entry closure in the 60-foot petitioned aircourse segment makes the location nearly impassible and there is no room for installation of additional conventional roof support. The location is not readily accessible. Rehabilitation using mechanized equipment would disrupt the mine access and rail haulage in and through the Sugar Run Portal area. These circumstances support the conclusion that application of the standard would be a diminution of safety to the certified mine examiners, as well as persons attempting rehabilitation, and other miners using or working in the area.
The limited extent of the petitioned area and minimum number of ventilation controls creating the aircourse through that area were found to be consistent with the use of weekly evaluations conducted at monitoring stations. Any water accumulations in the aircourse will also be present in the nearby track entries and any sudden disruption of air flow in the petitioned aircourse will also be apparent in the air flow entering the "old inside shop"/battery charging station which is subject to preshift examinations under 30 CFR 75.360(b)(9). These factors suggest that no apprecable gain in information would result by requiring daily examinations. Thus weekly examinations are acceptable under the circumstances.
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 Loveridge No. 22 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 Loveridge No. 22 Mine is hereby:
GRANTED, for the "unsafe to travel" 60-foot segment of the intake aircourse which has ventilated the battery charging station (old inside shop) near Sugar Run Shaft, conditioned upon compliance with the following terms and conditions:
1. Two monitoring stations which allow effective evaluation of the air entering and leaving the unsafe to travel segment of the intake aircourse shall be established at the following locations:
(a) In the entry immediately west of survey Station No. 10 to monitor air entering the unsafe to travel segment of the aircourse. (Attachment-map, Exhibit A, Checkpoint-1)
(b) In the entry approximately 60 feet north of survey Station No. 10 to monitor air leaving the unsafe to travel segment of the aircourse. (Attachment-map, Exhibit A, Checkpoint-2)
2. Weekly evaluations shall be conducted by a certified person at each of the monitoring stations. Each evaluation shall include measurement of the quality and quantity air entering or leaving the monitoring station. Air quality measurements shall determine the methane and oxygen concentrations using an MSHA approved hand-held device. Air quantity measurements shall use a low speed anemometer or chemical smoke tubes where the quantity is lower than an anemometer can measure.
3. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travelable entry.
4. 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 percent methane above the last previous reading or a 10 percent change in the air flow quantity shall cause and immediate investigation of the affected area. Any significant difference in the quantities of air flow at the two monitoring stations shall cause immediate investigation of the condition of two stoppings nearest the monitoring stations.
5. A diagram and/or enlarged map 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, initials 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 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. Precautions shall be taken to ensure that water accumulations shall not impede air flow or travel to the monitoring stations.
8. The monitoring station location and representative air quantity and quality measurements for each monitoring station location shall be shown on the annually submitted mine ventilation map (30 CFR 75.372). Station locations shall not be moved without prior approval by the District Manager as a part of the Ventilation Plan for the mine.
9. Prior to implementing this alternative method, all personnel shall be instructed that no travel into the petitioned aircourse segment shall be permitted and all other approaches shall be fenced off or barricaded with "Do not enter" warning signs. Entry into the area shall be permitted only to investigate and correct significant problems with air flow detected through the monitoring process. All such work shall be done under the supervision of an authorized person. All persons who work in the area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383.
10. 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 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 |
