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In the matter of                                                                
Sycamore Fuels, Incorporated
Mine No. 1
I.D. No. 46-01756 		Petition for Modification


Docket No. M-96-160-C


Date Issued: 10/08/1997

PROPOSED DECISION AND ORDER

On November 12, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.503 (18.41(f)) to Petitioner's Mine No. 1, located in Mingo County, West Virginia. 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

The use of a padlock is provided for by 30 CFR 18.41(f) which allows a padlock to be used instead of an interlock provided that the plug is held in place by a threaded ring or equivalent mechanical fastening device in addition to the padlock. The padlock with this fastening configuration maintains mobile battery-powered machines and accessories in permissible condition as specified in 30 CFR 75.503.

The granting of this modification permits the use of a spring-loaded device with specific fastening characteristics in lieu of a padlock with its fastening configuration to secure plugs and electrical type connectors to batteries and to the permissible mobile powered equipment the batteries serve. As an acceptable alternative to the padlock configuration, the spring-loaded device configuration will prevent accidental separation of the battery plugs from their receptacles during normal operation of the battery equipment.

The allowance of a spring-loaded device configuration in lieu of a padlock configuration in this 30 CFR 75.503 modification, does not apply to the use of padlocks in controlling accessibility in the lockout and tag requirements of 30 CFR 75.511.

The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.503.

On the basis of the petition and the findings of MSHA's investigation, Sycamore Fuels, Incorporated is granted a modification of the application of 30 CFR 75.503 to its Mine No. 1.

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 Sycamore Fuels, Incorporated's Petition for Modification of the application of 30 CFR 75.503 in its Mine No. 1 is hereby:

GRANTED, for the use of permanently installed spring-loaded locking devices in lieu of padlocks on battery plugs, conditioned upon compliance with the following terms and conditions:

1. Spring-loaded locking devices shall be installed and maintained to prevent the threaded rings securing the battery plugs to the battery receptacles from unintentional loosening.

2. Locking device brackets shall be securely attached to the battery receptacles to prevent loss of the brackets.

3. All battery plug connectors on battery-powered equipment using this alternative means of compliance shall be provided with a warning tag that states: "DO NOT DISENGAGE PLUGS UNDER LOAD."

4. The Petitioner's alternative method shall not be implemented until all personnel who operate and maintain battery-powered mobile equipment have received training in the proper use of alternative locking devices, hazards associated with breaking battery connections under load, and hazards associated with breaking cable couplers in areas where equipment is required to be permissible.

5. 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 specify initial and refresher training regarding the terms and conditions stated in 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