Mine Safety and Health Administration (MSHA) - Petitions for Modification - Finalized Petitions: The Ohio Valley Coal Company Powhatan No. 6 Mine I.D. No. 33-01159 Docket No. M-96-109-C 30 CFR 75.364(b)(1)

In the matter of
The Ohio Valley Coal Company
Powhatan No. 6 Mine
I.D. No. 33-01159

Petition for Modification

Docket No. M-96-109-C

Date Issued: 11/26/1997

PROPOSED DECISION AND ORDER

On September 12, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(1) to Petitioner's Powhatan No. 6 Mine, located in Belmont County, Ohio. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners 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.

Finding of Fact and Conclusion of Law

Application of 30 CFR 75.364(b)(1) and (2) 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 to the miners.

MSHA’s investigation included the examination of those areas open for safe travel during mine examinations and the mapping of roof falls in the area around the slope/shaft bottom area, along the mine's primary coal haulage belt conveyor and in the connecting entries to the now sealed MAIN SOUTH area. That investigation confirmed that the developed entries known as OLD LOADED SIDE and MAIN EAST, as well as the majority of the area know as OLD EMPTY SIDE, are blocked by roof falls, have deteriorated roof and are unsafe to travel. In addition, the investigation confirmed that rehabilitation to gain sufficient access to travel at least one entry of each aircourse in its entirety would be extremely difficult and hazardous to the miners.

The investigation also established that the petitioner’s proposed two evaluation points monitor only a portion of the air leaving the inaccessible aircourses and that the monitoring of quantity and quality of airflow provides only minimal information for evaluating the aircourses. Since the air flowing through these inaccessible areas is used solely to ventilate the thirty MAIN SOUTH seals which are examined weekly along a route which requires the examiner to approach each seal from the downwind side and because the available locations for monitoring the inaccessible areas are in that same split of air, the petitioner’s alternative method has been amended to include four monitoring stations. The additional monitoring stations are to ensure a safe route of travel for the examiner. One of the additional monitoring stations is located where nearly all of the air ventilating the MAIN SOUTH / MAIN NORTH seals enters and is to be examined on a preshift basis. The other additional monitoring station is located immediately inby the mandoor at the end of the MANTRIPS AND SUPPLIES track entry where all of the air having passed by the seal is directed through a single entry into the MAIN INTAKES area. The PDO also adds requirements for restricting travel to the seals and monitoring stations to mine examiners who have been trained in asphyxiation hazards involved in approaching mine seals from the downwind side. Further, the examiners must be equipped with automatic-alarming, hand-held, MSHA approved multi-gas detection devices. This PDO also prohibits the air used to ventilate the mine seals from being used to ventilate any location where miners (other than the mine examiner) work or travel, or locations where electrical equipment or other ignition sources are present. With the above additions, the alternative method can provide a safe work environment for the miners.

On the basis of the petition and the findings of MSHA's investigation, The Ohio Valley Coal Company is granted a modification of the application of 30 CFR 75.364(b)(1) and (2) to its Powhatan No. 6 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 The Ohio Valley Coal Company’s Petition for Modification of the application of 30 CFR 75.364(b)(1) and )2) in the Powhatan No. 6 Mine is hereby:

GRANTED, for the unsafe-to-travel aircourses rended inaccessible by roof falls and roof deterioration known as MAIN EAST and LOADED SIDE, conditioned upon compliance with the following terms and conditions:

1. Four monitoring stations which allow evaluation of the air entering and leaving the split of air ventilating thirty MAIN SOUTH / MAIN NORTH mine seals and the air leaving the unsafe-to-travel segment of the aircourses, consisting of the three common entries of the OLD LOADED SIDE and the four common entries of MAIN EAST, shall be established at the following locations:

(a) In the accessible No. 3 entry approximately 30 feet south east of marker 0+00 in OLD LOAD SIDE to monitor air entering the unsafe-to-travel segment of that aircourse and ventilate the MAIN SOUTH/MAIN NORTH mine seals.

(b) In the No. 1 entry approximately 400 feet south of marker 5+00 in MAIN SOUTH to monitor air leaving the unsafe-to-travel segment of the OLD LOAD SIDE aircourse and having ventilated the first three MAIN SOUTH seals.

(c) In the No. 1 entry of MAIN EAST (immediately outby the regulator and prior to joining the No. 1 entry of MAIN SOUTH) to monitor air leaving the unsafe-to-travel segment of that aircourse.

(d) In the single connecting crosscut between OLD EMPTY SIDE and MAIN INTAKE (immediately in by the mandoor at the end of MANTRIPS & SUPPLIES track entry in OLD EMPTY SIDE) to monitor all of the air leaving the air split which ventilates the MAIN SOUTH / MAIN NORTH mine seals.

2. The air flowing through the petitioned aircourses shall not be used to ventilate any working section, areas where persons are regularly expected to work or travel, or any location where electrical ignition sources exist.

3. A preshift evaluation by a certified person shall be conducted, as a part of the mine’s preshift examination under 30 CFR 75.360, at the monitoring station described in Paragraph 1(a). Weekly evaluations by a certified person shall be conducted at the other three monitoring stations described in Paragraph 1. 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, automatic-alarming, multi-gas 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. The preshift and weekly evaluations shall include an examination for hazards along the route(s) of travel to the monitoring stations and at the monitoring stations. Examiners shall be alert to asphyxiation hazards associated with approaching mine seals from the downwind side and are required to carry automatic- alarming detection devices as noted above.

4. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travelable entry. The sign posted showing the route to the monitoring stations downwind of the MAIN SOUTH / MAIN NORTH mine seal shall be posted on the fresh air side of the mandoor at the end of the Mantrip & Supplies track entry. That sign shall also warn against the asphyxiation hazards associated with approaching mine seals from the downwind side and prohibit entry into the air split except for the certified persons conducting the examinations.

5. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits. An increase of 0.5 percent methane above the last previous reading or a 10 percent change in the air flow quantity shall cause an immediate investigation of the affected area. Any significant difference in the quantities of air flow at or between any two monitoring stations shall cause immediate, but cautious, examination of MAIN SOUTH / MAIN NORTH entry for roof falls, water accumulation or other restrictions to air flow, and the condition of seals and the condition of stoppings separating the petitioned aircourses segment from the MAIN SOUTH / MAIN NORTH entry.

6. 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.

7. 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.

8. All monitoring stations and approaches to monitoring stations shall, at all times, be maintained in 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 do not impede air flow or travel to the monitoring stations.

9. 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 required by 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.

10. Prior to implementing this alternative method, all personnel shall be instructed that no travel into the petitioned aircourse segments and the MAIN SOUTH / MAIN NORTH entry 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.

11. 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. In addition, the proposed revisions shall include training and annual retraining for mine examiners on the increased hazard of asphyxiation when approaching mine seals from the downwind side.

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