On February 4, 1998, a petition was filed seeking a modification of the application of 30 CFR 75.380(d)(1) to Petitioner's Wheatcroft Mine, located in Webster County, Kentucky.
The petitioner proposes continuing to use the coal haulage slope as the secondary escapeway. The belt conveyor entry walkway is less than 5 feet in width through approximately 20 feet of the secondary escapeway. The escapeway width is reduced to less than 48 inches by the guarding of a belt tail roller and a support column for an elevated head roller. The petitioner alleges that reduced width location(s) of 42 to 44 inches do not impede egress for disabled miners as demonstrated by successfully transporting a miner through the area using the four man stretcher test.
MSHA District personnel confirmed the reduced escapeway width does not impede egress; the area is in compliance with
30 CFR 75.380(d)(1), in that the area of reduced width is maintained in safe condition and allows safe passage of even disabled persons; and, that the area is not addressed by the exceptions of 30 CFR 75.380(d)(4). Therefore, MSHA is treating the petitioner’s proposal as a request to modify the application of 30 CFR 75.380(d)(4).
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.
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 Lodestar Energy, Inc’s. Petition for Modification of the application of 30 CFR 75.380(d)(4) in the Wheatcroft Mine is hereby:
GRANTED, for locations of reduced width in approximately twenty feet of the secondary escapeway near and between the slope coal haulage conveyor tail roller guarding to the No. 2 belt drive head support beam, conditioned upon compliance with the following terms and conditions:
1. Signs warning of the reduced escapeway width shall be conspicuously posted and maintained legible at each end of petitioned area.
2. The slope conveyor shall be provided with control circuit(s) and start/stop switches at each end of the petitioned area. The control circuit shall start or stop the slope conveyor and all inby belt conveyors when actuated. The switches and control circuit(s) shall be inspected and a record made in conformance with 30 CFR 75.512 and 75.512-1, inspected at least weekly by a qualified electrician and a record of the examination kept and made available to an authorized representative of the Secretary.
3. Should circumstances require redesign or the installation of alternative belt conveyors, support structure or enlargement of the mine opening, the required escapeway width of 5 feet shall be restored.
4. At no location within the petitioned area shall the escapeway width be reduced below 43 inches.
5. The petitioned area shall be well lighted by incandescent lamps installed in conformance with 30 CFR 75.522 and 75.522-1.
6. The petitioned area walking surface shall be concrete and shall be maintained free of coal spillage, and other tripping and falling hazards.
7. 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 District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the conditions specified by 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
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