On June 2, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.900 to the Panther Lick Mine, located in Knott County, Kentucky. The Petitioner alleges that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.900.
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 recommendations, 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 recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.900.
On the basis of the petition and the findings of MSHA's investigation, Knott County Mining Company, is granted a modification of the application of 30 CFR 75.900 to Panther Lick 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 Knott County Mining Company's Petition for Modification of the application of 30 CFR 75.900 to the Panther Lick Mine is hereby:
GRANTED, to allow the use of vacuum contactors to provide undervoltage and overload protection and monitor the grounding conductors for 480-volt belt conveyor drive motors and water pump motors greater than 5 horsepower located in the Panther Lick Mine, conditioned upon compliance with the following special terms and conditions:
1. The nominal voltage of the belt conveyor drive circuit(s) and water pump circuit(s) shall not exceed 480 volts.
2. The nominal voltage of the belt conveyor drive control circuit(s) and water pump control circuit(s) shall not exceed 120 volts.
3. Vacuum contactors shall be built into or permanently affixed to the transformer enclosure and properly separated and isolated from the other components of the unit.
4. Vacuum contactors with associated protective relays shall provide undervoltage protection for belt drive(s) and water pump motors that are greater than 5 horsepower.
5. The voltage rating of the vacuum contactor(s) shall be at least the maximum rms voltage of the power system. The continuous current rating of the vacuum contactor(s) shall be at least the full load current of the utilization equipment.
6. The instantaneous magnetic trip settings of each circuit breaker that provides protection for the belt motor circuit(s) and other loads shall be set in accordance with the requirements of the 1993 National Electrical Code.
7. Motor overload protection for the belt motor circuit(s) and other loads shall be set in accordance with the requirements of the 1993 National Electrical Code.
8. The circuit breakers shall be located so that the breakers can be operated without exposing miners to energized electrical components and wiring.
9. Each circuit breaker installed in conjunction with a contactor shall be equipped with devices to provide short-circuit protection for each piece of equipment. In addition, the design of each installation must ensure coordination of the circuit breaker and vacuum contactor so that the circuit breaker always opens first when a short-circuit occurs.
10. Ground-fault or short-circuit events shall preclude closing the contactor until the molded case breaker is reclosed manually or the ground-fault relay is reset manually.
11. The fail-safe ground check circuit shall cause the contactor to open when either the ground or pilot wire is broken.
12. Prior to each remote start-up, an audible alarm at each affected vacuum contactor shall be activated for approximately 15 seconds. Additionally, each belt start alarm shall be capable of being heard at the respective conveyor belt drive, belt tail, belt drive/tail combinations, and belt spicing location(s). Each pump alarm shall be capable of being heard at the respective pump motor.
13. Control voltage for the audible alarm units shall be 24 volts D.C.
14. Each prestart alarm system shall be examined, tested, and properly maintained in accordance with the requirements of 75.512 through 75.512-2. A record showing the results of the examinations, tests and maintenance shall be kept at the mine.
15. The Petitioner's alternative method shall not be implemented until all qualified persons who perform work on the equipment and circuits have received training in safe maintenance procedures, and the terms and conditions of the Proposed Decision and Order.
16. Within 60 days after this Petition for Modification is granted, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager for the area in which the mine is located. These proposed revisions shall specify task training for all miners who are assigned to work in the area. The training shall include the following elements:
(a) The purpose of the prestart alarm systems, and vacuum contactor systems;
(b) The potential hazards of working on or near belt conveyors and belt conveyor drives; and
(c) The requirements of 30 CFR 75.1725(c) and (d).
The procedures of 30 CFR 48.3 for approval of proposed revisions to already approved training plans shall apply.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended, (Federal Register 53430, December 28, 1990) 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 desire 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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health
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