| In the matter of Ember Contracting, Inc. No. 5 Mine I.D. No. 15-16727 | Petition for Modification Docket No. M-96-068-C |
Date Issued: 05/29/1997
PROPOSED DECISION AND ORDER
On July 9, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.342 to Petitioner's No. 5 Mine, located in Knott 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 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 75.342 to the subject mine will not result in a diminution of safety to the miners and the Petitioner's proposed alternative method will not at all times provide a safe work environment to the miners.
The petitioner alleged that the approved machine mounted methane monitors on six 482 S&S Scoops used at the No. 5 Mine are subject to nuisance tripping (unreliable) and, as a result, the scoop "operators can perform their duties in a more safe and reasonable manner in that their train of thought can be emphasized on the safe operation of the scoops in regard to mine conditions and fellow workers" (using the proposed alternative method). The petitioner also alleged that the mine has no methane history and that the use of MSHA approved multi-gas detectors (Industrial Scientific MX250) carried on each scoop would provide methane and low oxygen detection. This, it is asserted, coupled with manual withdrawal of power when a concentration of 1% methane is manually detected rather than an automatic withdrawal of power when a concentration of 2% methane is detected by the monitor as required by the standard, provides a greater measure of safety.
MSHA's investigation has found that: a) the approved methane monitors used with the 482 S&S Scoops do not result in nuisance tripping where scoop batteries are kept adequately charged and the scoops well maintained, b) the coal seam being mined, Elkhorn No. 3, has a history of methane liberation and, c) the reliance on manual detection and withdrawal of power is less certain than a well maintained automatic system. MSHA's experience is that the use of the continuous readout methane monitors, which are mounted on mining equipment working directly in the face, are feasible in the mining conditions present in the petitioned mine, can be used reliably, and are required to provide the protection necessary. The continuous monitors required by the existing standard provide the first warning that gas is being liberated in potentially dangerous quantities. These methane monitors shut down mining equipment automatically. The operation of mining equipment under conditions where methane may be present can lead to a spark and catastrophic explosion. In this potentially dangerous environment, automatic deenergization of equipment by a properly calibrated and maintained continuous monitor is preferred to a manual system which is subject to human error.
In addition, the manual gas checks are already required by 30 CFR 75.360(d) before the scoops enters a working face and at twenty minute intervals. The use of hand held methane detectors and the withdrawal of power are required by 30 CFR 75.320 and 75.323(b)(i). The proposed alternative method lacks sufficient justification for waiving the required machine mounted methane monitors. It also contains no significant benefit which is not already required by the mandatory standards.
On the basis of the petition and the findings of MSHA's investigation, Ember Contracting, Inc. is not granted a modification of the application of 30 CFR 75.342 to its No. 5 Mine.
The petitioner alleged that the approved machine mounted methane monitors on six 482 S&S Scoops used at the No. 5 Mine are subject to nuisance tripping (unreliable) and, as a result, the scoop "operators can perform their duties in a more safe and reasonable manner in that their train of thought can be emphasized on the safe operation of the scoops in regard to mine conditions and fellow workers" (using the proposed alternative method). The petitioner also alleged that the mine has no methane history and that the use of MSHA approved multi-gas detectors (Industrial Scientific MX250) carried on each scoop would provide methane and low oxygen detection. This, it is asserted, coupled with manual withdrawal of power when a concentration of 1% methane is manually detected rather than an automatic withdrawal of power when a concentration of 2% methane is detected by the monitor as required by the standard, provides a greater measure of safety.
MSHA's investigation has found that: a) the approved methane monitors used with the 482 S&S Scoops do not result in nuisance tripping where scoop batteries are kept adequately charged and the scoops well maintained, b) the coal seam being mined, Elkhorn No. 3, has a history of methane liberation and, c) the reliance on manual detection and withdrawal of power is less certain than a well maintained automatic system. MSHA's experience is that the use of the continuous readout methane monitors, which are mounted on mining equipment working directly in the face, are feasible in the mining conditions present in the petitioned mine, can be used reliably, and are required to provide the protection necessary. The continuous monitors required by the existing standard provide the first warning that gas is being liberated in potentially dangerous quantities. These methane monitors shut down mining equipment automatically. The operation of mining equipment under conditions where methane may be present can lead to a spark and catastrophic explosion. In this potentially dangerous environment, automatic deenergization of equipment by a properly calibrated and maintained continuous monitor is preferred to a manual system which is subject to human error.
In addition, the manual gas checks are already required by 30 CFR 75.360(d) before the scoops enters a working face and at twenty minute intervals. The use of hand held methane detectors and the withdrawal of power are required by 30 CFR 75.320 and 75.323(b)(i). The proposed alternative method lacks sufficient justification for waiving the required machine mounted methane monitors. It also contains no significant benefit which is not already required by the mandatory standards.
On the basis of the petition and the findings of MSHA's investigation, Ember Contracting, Inc. is not granted a modification of the application of 30 CFR 75.342 to its No. 5 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 Ember Contracting, Inc.'s Petition for Modification of the application of 30 CFR 75.342 in the No. 5 Mine 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 |
