On November 29, 1999 a petition was filed seeking a modification of the application of 30 CFR 75.1909(b)(6) to the front brakes of the Lebco diesel grader, Serial No. 946817, at Lodestar Energy, Inc., Baker Mine, located in Webster 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.
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
Section 75.1909(b)(6) provides that all self-propelled non-permissible diesel-powered equipment must have, in addition to all other requirements, service brakes that act on each wheel of the vehicle such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in complete loss of service braking capability.
Petitioner proposes an alternate method in lieu of the front wheel brakes on the Lebco, Serial No. 946817, diesel grader in use at the Baker Mine. Petitioner proposes to limit the Lebco diesel grader speed to 10 miles per hour and to train the Lebco diesel grader operators to drop the grader blade in the event that the brakes fail.
The alternative method proposed by Lodestar Energy, Inc., (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 75.1909(b)(6).
On the basis of the petition and the findings of MSHA's investigation, Lodestar Energy, Inc. is granted a modification of the application of 30 CFR 75.1909(b)(6) for use of the Lebco diesel grader at its Baker 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 Lodestar Energy, Inc.'s Petition for Modification of the application of 30 CFR 75.1909(b)(6) to the Lebco diesel grader in the Baker Mine is hereby:
GRANTED, conditioned upon the following terms and conditions:
1. The proposed decision and order is limited in application to Lebco Diesel Grader Serial No. 946817.
2. The maximum speed on the Lebco diesel grader must be limited to 10 miles per hour or less.
3. Grader Operators must be trained to recognize appropriate levels of speed for different road conditions and slopes.
4. Grader Operators must be trained to lower the moldboard (grader blade) to provide additional stopping capability in emergencies.
5. Prior to implementing the alternative method:
(a) the Lebco diesel grader must be inspected by MSHA and in compliance with the terms and conditions of this Proposed Decision and Order,
(b) grader operators must be trained to recognize appropriate levels of speed for different road conditions and slopes, and
(c) grader operators must be trained to lower the moldboard (grader blade) to provide additional stopping capability in emergencies.
6. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner must submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These revisions must 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.
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Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health
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