January 14, 1999
| PROPOSED DECISION AND ORDER | the matter of |
| Mines, Inc. | |
| PETITION FOR MODIFICATION | No. M-97-11-M |
On October 10, 1997, a petition was filed by ZCA Mines, Inc. seeking a modification of the application of 30 CFR 57.11050 to petitioner's Balmat Mine No. 4 (I.D. No. 30-01185) located in St. Lawrence County, New York. Balmat Mine No. 4 and Mill is an underground lead and zinc mine that uses different mining methods to develop and mine the ore body.
Standard 57.11050 Escapeways and Refuges, provides:
- (a) Every mine shall have two or more separate,
properly maintained escapeways to the surface from the
lowest levels which are so positioned that damage to
one shall not lessen the effectiveness of the others.
A method of refuge shall be provided while a second
opening to the surface is being developed. A second
escapeway is recommended, but not required, during the
exploration or development of an ore body.
(b) In addition to separate escapeways, a method of refuge shall be provided for every employee who cannot reach the surface from his working place through at least two separate escapeways within a time limit of one hour when using the normal exit method. These refuges must be positioned so that the employee can reach one of them within 30 minutes from the time he leaves his workplace.
The petitioner requests a variance to allow the underground employees to report to the refuge chamber when a hoist becomes inoperable for more than one hour instead of evacuating the mine. If both hoists are operational, miners can evacuate to the surface using the hoisting facility at the No. 4 Mine and the No. 2 Mine. The petitioner asserts that reporting to the refuge chambers would not endanger the lives of their employees.
On December 15-17, 1997, MSHA investigators investigated the merits of the petition and filed a report of their findings and recommendations with the Chief of the Safety Division for Metal and Nonmetal Mines. After a careful review of the entire record, including the petition and investigative report, this Proposed Decision and Order is issued.
Section 57.11050(a) clearly requires every mine to have two or more separate, properly maintained escapeways to the surface from the lowest levels. The alternative method proposed by the petitioner will not at all times guarantee no less than the same measure of protection as afforded miners under 30 CFR 57.11050 in that the refuge chambers would not ensure the miners' safety to the same degree as provided by the standard if there was an underground mine emergency. The petitioner does not give a compelling reason for having personnel in the mine while one mine hoist was inoperable. The petitioner's assertion that the application of the mandatory standard would result in a negative economic impact on the mining operation is not sufficient reason for granting the petition of a mandatory safety standard. Reporting to a refuge chamber would not afford the miners the same degree of safety as evacuating the mine.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Section 811(c), it is ordered that modification of the application of 30 CFR 57.11050 to the ZCA Mines, Inc., Balmat Mine No. 4 as it pertains to using an alternative emergency and escape system out of the mine, is hereby DENIED.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 CFR 44.14, with the Administrator for Metal and Nonmetal 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 and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition. 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, this Proposed Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
| For /s/ C.N. Narramore |
 _________________________________ Edward C. Hugler Administrator for Metal and Nonmetal Mine Safety and Health |
