In the matter of
Drummond Company, Inc.
Shoal Creek Mine
I.D. No. 01-02901
| Petition for Modification
Docket No. M-96-140-C
|
Date Issued: 08/21/1997
PROPOSED DECISION AND ORDER
On October 16, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.1100-2(e) to Petitioner's Shoal Creek Mine, located in Jefferson County, Alabama. The petitioner proposed to use two portable fire extinguishers at both temporary and permanent electrical installations, a proposed alternative method which only affects the application of 30 CFR 75.1100-2(e)(2). On December 13, 1996, an amendment to the petition was filed which specified that the petitioner would provide at each temporary electrical installation two 10-lb. portable fire extinguishers, but the petitioner did not specify the type. In as much as 30 CFR 75.1100-1(e) specifies that portable fire extinguishers must be either of the multipurpose dry chemical type (capacity measured in pounds of powder dry chemical) or a foam producing type (capacity measured in gallons), the company/miner’s representatives agreement referenced in the amended petition also modifies the application of 75.1100-1(e).
The Petitioner alleges that the amended alternative method outlined in the amended 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 alternative method proposed by the Petitioner as amended by the company/miner’s representatives agreement and recommendations of MSHA will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1100-1(e) and 75.1100-2(e)(2).
On the basis of the petition and the findings of MSHA's investigation, Drummond Company, Inc. is granted a modification of the application of 30 CFR 75.1100-1(e) and 75.1100-2(e)(2) to its Mine Shoal Creek 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 Drummond Company, Inc.’s Petition for Modification of the application of 30 CFR 75.1100-1(e) and 75.1100-2(e)(2) in the Shoal Creek Mine is hereby:
GRANTED, for the temporary electrical installations conditioned upon the following terms and conditions:
1. The Petitioner shall provide at each temporary electrical installation two multipurpose, dry chemical, portable fire extinguishers, each having at least a minimum capacity of 10-1b. of dry powder.
2. All portable fire extinguishers shall be approved by the Underwriters Laboratories, Inc. or Factory Mutual Research Corp. and each shall have a rating of 2A 10 BC or higher.
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
|
