On October 4, 1999, a petition was filed seeking modification of the application of 30 CFR 75.1103-4(a) to Petitioner's Freedom Mine, located in Henderson County, Kentucky. 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. The proposed alternative method is based on the terms and conditions which MSHA incorporated when granting similar petitions for modification prior to 1995. Since then, MSHA has modified these terms and conditions to incorporate recommendations from the U.S. Bureau of Mines (IR 9380) for the use of carbon monoxide sensors as part of fire detection systems. The maximum interval for sensor spacing has been reduced from 2000 feet to 1000 feet so that carbon monoxide would activate a sensor within 20 minutes. Other more restrictive requirements have been included for the placement of sensors down wind of belt drives, belt take-ups, transfer points and tail pieces. On November 30, 1999, MSHA informed the petitioner that these additional requirements would be included in the Proposed Decision and Order.
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 recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under
30 CFR 75.1103-4(a).
On the basis of the petition, the findings of MSHA's investigation, Ohio County Coal Company, Inc., is granted a modification of the application of 30 CFR 75.1103-4(a) to its Freedom 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 Ohio County Coal Company, Inc.'s Petition for Modification of the application of 30 CFR 75.1103-4(a) in the Freedom Mine is hereby:
GRANTED, for the use of a carbon monoxide monitoring system that identifies the location of sensors in lieu of identifying belt flights, conditioned upon compliance with the following terms and conditions:
1. An early warning fire detection system (Carbon Monoxide monitoring system) shall be installed as follows:
a. Sensors shall be installed near the center and in the upper third of the belt entry in a location that would not expose personnel working on the system to unsafe situations. Sensors shall not be located in intersections, abnormally high areas or in other areas where airflow patterns do not permit products of combustion to be carried to the sensors.
b. Sensors shall be installed between 50 and 100 feet downwind of each belt drive, drive/belt take-up combination, and at intervals not to exceed 1,000 feet along each conveyor belt entry.
c. Sensors shall be installed at each tailpiece or not more than 50 feet downwind of the tailpiece at a location to prevent damage from mobile equipment.
d. Where a belt drive discharges onto a belt conveyor tailpiece as a continuation of a belt conveyor haulage system, and the belt drive, belt take-up and belt tailpiece are on the same split of air, only one carbon monoxide sensor shall be required at this location. Where the belt haulage system changes direction, if the receiving conveyor belt tailpiece is located outside the rib line of the dumping belt entry, an additional sensor shall be required at the tailpiece.
2. The early warning fire detection system shall be designed and maintained as follows:
a. The carbon monoxide monitoring system shall be capable of providing both visual and audible signals. A visual or audible alert signal shall be activated when the carbon monoxide level at any sensor reaches 5 ppm above the ambient level for the mine. An audible and visual alarm signal distinguishable from the alert signal shall be activated when the carbon monoxide level at any sensor reaches 10 ppm above the ambient level for the mine. The District Manager is authorized to require lower alert and alarm levels.
b. Audible and visual alarm devices used on the sections shall be of the permissible type if installed in areas where permissible equipment is required. Alarm devices shall give visual and audible signals that can be seen and heard on the working sections and at a location on the surface of the mine where a responsible person(s) is on duty at all times when miners are underground. Alert devices shall give visual or audible signals that can be seen or heard at such surface location.
c. The carbon monoxide sensor located at or near the section loading point shall activate the alarm signal on the working section.
d. The carbon monoxide monitoring system shall activate alert and alarm signals at a location on the surface of the mine where a responsible person(s) is on duty at all times when miners are underground.
e. The carbon monoxide monitoring system shall be capable of monitoring electrical continuity and detecting electrical malfunctions such as open-circuits, short-circuits, and ground-faults in the system.
f. The carbon monoxide monitoring system shall be capable of identifying any activated sensor(s). A map or schematic identifying each belt flight and the details for the monitoring system shall be posted at the mine.
g. The carbon monoxide monitoring system shall be capable of giving warning of a fire for a minimum of 4 hours after the source of power to the belt is removed as required by 30 CFR 75.1103-4(e). When power is removed due to fan(s) stoppage, the carbon monoxide monitoring system shall be deenergized if not intrinsically safe as required by 30 CFR 75.313(e).
3. Velocity in the belt conveyor entry.
a. The air in the belt conveyor entry shall have a velocity of at least 50 feet a minute and have a definite and distinct movement in the designated direction.
b. Velocity measurements shall be determined at locations in the entry which are representative of the cross-sectional areas found throughout the entry and not at locations where the entry is abnormally high (e.g. belt drives) or low (e.g. under overcasts).
4. When the carbon monoxide monitoring system gives a visual or audible alert signal, all miners in the working sections on the same split of air shall be notified immediately and an investigation shall be conducted to determine the cause of the actuation. When the carbon monoxide system gives an audible and visual alarm signal, all miners in the same split(s) of air shall be withdrawn immediately to a safe location at least one sensor outby the sensor(s) activating the alarm, unless the cause is known not to be a hazard to the miners. When the carbon monoxide warning system gives an audible and visual alarm signal at shift change, no one shall be permitted to enter the mine except qualified persons designated to investigate the source of the alarm. If miners are enroute underground, they shall be held at, or be withdrawn to, a safe location, at least one sensor outby the sensor(s) activating the alarm. When a determination is made as to the source of the alarm, and that the mine is safe to enter, the miners shall be permitted underground. The mine evacuation plan required by 30 CFR 75.1101-23(a) shall be revised to specify the actions to be taken for alert and alarm signals. Such revisions shall be approved by the District Manager. A record of each alert and alarm signal given, and the action taken shall be maintained at the mine for a period of 1 year.
5. Personnel stationed at the surface location described in condition 2(d) shall have two-way communications with all working sections. When the established alert and alarm levels are reached, such persons shall notify all working sections and other locations where personnel are normally assigned to work (e.g. belt transfers). Personnel stationed at the surface location shall also be trained in the operation of the carbon monoxide monitoring system and in the proper procedures to follow in the event of an emergency or malfunction and, in that event, shall take appropriate action immediately.
6. The carbon monoxide monitoring system shall be examined visually at least once each shift. The monitoring system shall be inspected at intervals not exceeding seven (7) days to ensure that the system is operating properly. The monitoring system shall be calibrated with known concentrations of carbon monoxide and air mixtures at intervals not to exceed 31 calendar days. An inspection record shall be maintained on the surface and made available to all interested persons. The inspection record shall show the date and time of each weekly inspection and monthly calibration and all maintenance performed, whether at the time of the weekly inspection or otherwise.
7. If at any time the carbon monoxide monitoring system or any portion of the system required by this Proposed Decision and Order has been deenergized for reasons such as routine maintenance or failure of a sensor unit, the belt conveyor may continue to operate provided the miners in the affected working section are notified and the affected portion of the belt conveyor entry is continuously patrolled and monitored for carbon monoxide in the following manner until the affected monitoring system is returned to normal operation:
a. The patrolling and monitoring must be conducted by a person or persons trained in the mine evacuation plan, the operation of a handheld carbon monoxide detection device, use of the two-way communication device provided, and the following procedures:
(1) The trained person(s) performing monitoring shall be provided with a two-way communication device enabling the person(s) to communicate with the surface;
(2) Each of these trained persons shall be provided with a hand-held carbon monoxide detection device. A carbon monoxide detection device shall also be available for use on each working section.
(3) If one sensor becomes inoperative, the trained person shall monitor at that sensor location;
(4) If two or more adjacent sensors become inoperative, a trained person shall patrol and monitor the area affected; and
(5) If the complete system becomes inoperative, a sufficient number of trained person(s) shall patrol and monitor the affected entries of the mine so that the affected entries will be traveled once each hour in their entirety.
b. The procedure outlined above is applicable only for a short period of time that is to be determined by the reasonable amount of time required to repair or replace the equipment causing the malfunction. The mine operator shall begin corrective action immediately and continue until the defective equipment causing the malfunction is replaced or repaired. The responsible person on the surface shall immediately establish two-way communication with the working section(s) and notify them of the particular malfunction(s) or problem.
8. The details for the early warning fire detection system including, but not necessarily limited to, type of monitor, specific sensor location on the mine map, and the alert, alarm and ambient levels shall be included as a part of the mine ventilation plan required by 30 CFR 75.370. The District Manager may require additional carbon monoxide sensors to be installed as part of said plan to ensure the safety of the miners.
9. Prior to implementing the alternative method, the early warning fire detection system shall be inspected by MSHA and be fully operational and in compliance with the terms and conditions of this Proposed Decision and Order.
10. 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 compliance with the conditions specified by the Proposed Decision and Order.
11. If a petition for modification of 75.350 is granted, and air is coursed through the belt entry to ventilate working places, all applicable terms and conditions specified in the Proposed Decision and Order which modified 75.350 would supersede corresponding terms and conditions of this 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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health
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