In the matter of
Roberts Bros. Coal Co.
Cardinal No. 2 Mine
I.D. No. 15-17216
| Petition for Modification
Docket No. M-96-091-C
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Date Issued: 08/01/1997
PROPOSED DECISION AND ORDER
On July 29, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.360(b)(9) to Petitioner's Cardinal No. 2 Mine, located in Hopkins 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.
Finding of Fact and Conclusion of Law
The Petitioner's proposed alternative method is to conduct on-shift examinations rather than performing preshift examinations of the mine's electrical installations and pumps, as required by 30 CFR 75.360(b)(9). The petition supplied no facts in support of the alternative method but only stated that allowing the electrical installations to be examined as part of the on-shift requirement would "ensure that the electrical installations would be examined throughout the entire shift as opposed to the three hours prior to the oncoming shift". MSHA's investigation revealed that the mine examiners found no hazards associated with electrical installations during the preshift examinations as of the filing of the petition.
MSHA's investigation revealed no supporting information sufficient to justify allowing on-shift examination of the mine's electrical installations and pumps in lieu of preshift examinations. The fact that the preshift examinations had not found any hazards (such as an equipment fire, accumulations of methane, potential ignition sources whether electrical or mechanical in nature, water accumulation or deteriorating roof conditions) does not preclude such hazards occurring in the future. That hazards had not been detected by the preshift examinations is not relevant to the issue. Should such hazards develop or occur, the detection, reporting and correction of the hazard before miners enter the mine provides a greater measure of protection than detecting those hazards after persons have entered the mine and are working inby those hazards or have been exposed to those hazardous conditions. Preshift examinations are conducted within 3 hours preceding the beginning of any 8-hour interval during which any person is scheduled to work or travel underground. On-shift examination of the same location could be at an interval approaching 16 to 24 hours depending upon the duration of a shift at any particular mine.
Preshift examinations of electrical installations in underground coal mines have been required because, based on MSHA's experience, the preshift examination of electrical installations and pumps can detect equipment fires or other hazardous conditions before miners entered inby the installations.
The alternative method proposed by the Petitioner will not at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.360(b)(9).
On the basis of the petition and the findings of MSHA's investigation, Roberts Bros. Coal Co. is not granted a modification of the application of 30 CFR 75.360(b)(9) to its Cardinal No. 2 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 Roberts Bros. Coal Inc Petition for Modification of the application of 30 CFR 75.360(b)(9) in the Cardinal No. 2 Mine is hereby:
DENIED.
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
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