Petition
for Modification
In the matter of
Consolidation Coal Company
Blacksville No. 2 Mine
I.D. No. 46-01968
Docket No. M-2002-045-C
30 CFR 75.364(b)(2)
PROPOSED
DECISION AND ORDER
On May 22, 2002, a petition was filed
seeking a modification of the application of 30 CFR 75.364(b)(2) to
Petitioner's Blacksville No. 2 Mine, located in Monongalia County, West
Virginia. The petitioner alleges that
application of this standard will result in a diminution of safety to the
miners and that the alternative method proposed in the petition will at all
times guarantee no less than the same measure of protection afforded by the
standard.
The petitioner alleges that: a) to
require the weekly examinations of approximately 2,000 feet of the multiple
common entries that are the return aircourse approaching the Wana Ventilation
Shaft exposes examiners to the hazards of roof and rib fall from deteriorated
roof and rib conditions, b) restoration of the area would require extensive man
hours under extremely hazardous conditions, and c) an evaluation of the
aircourse at six monitoring stations (three monitoring stations where air
enters and three where air leaves) using air quality and quantity measurements
taken by a certified person will provide the same measure of protection as
traveling the aircourse segment.
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
Application of 30 CFR 75.364(b)(2) to
the subject mine will result in a diminution
of safety to the miners and the special terms and conditions set out below will
provide a safe work environment for the miners.
MSHA's petition investigation confirmed
that the petitioned aircourse has experienced severe deterioration and roof
falls which have rendered the aircourse inaccessible for examination and unsafe
for travel by mine examiners. MSHA also
confirmed that the petitioned aircourse has no sealed areas within or along its
boundaries, that the 14 stopping separating the five or more common return
entries from an adjacent track haulage track entry are in good condition and
visually examined at least weekly, that the airflow within the petitioned area
is not used to ventilate any working place, that the absence of water and the
multiple common entries eliminates the risk of blockage of the aircourse and
that the area has no history of methane or oxygen deficiency being detected.
On the basis of the petition and the
findings of MSHA's investigation,
Consolidation Coal Company is granted a modification of the application of 30
CFR 75.364(b)(2) to its Blacksville No. 2 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 Consolidation
Coal Company's Petition for Modification of the application of 30 CFR
75.364(b)(2) in the Blacksville No. 2 Mine is hereby:
GRANTED, for the unsafe-to-travel segment
(approximately 2,000 feet) of the multiple common return entries from 2 West
Panel approaching Wana Air Shaft, conditioned upon compliance with the
following terms and conditions:
1.
Six monitoring stations which allow effective evaluation of
the air entering and leaving the unsafe-to-travel segment of the return
aircourse shall be established at the following locations:
(a) Monitoring station / Checkpoint B-1,
located inby the mouth of 2 West Panel,
in No. 2 entry, 450 feet inby spad number 692, to monitor air entering the
unsafe-to-travel segment.
(b) Monitoring station / Checkpoint B-2,
located inby the mouth of 2 West Panel, in No. 1 entry, 50 feet inby spad
number 676, to monitor air entering the unsafe-to-travel segment.
(c) Monitoring station / Checkpoint B-3,
L2, located inby the mouth of 2 West Panel, in No. 1 entry, 30 feet inby spad
number 715, to monitor air entering the unsafe-to-travel segment.
(4)
Monitoring station / Checkpoint B-4, located near Wana Air Shaft
in No. 1 entry, 50 feet outby spad number 80, to monitor air leaving the
unsafe-to- travel segment.
(5)
Monitoring station / Checkpoint B-5, located near Wana Air
Shaft in No. 2 entry, 50 feet outby spad number 83, to monitor air leaving the
unsafe-to- travel segment.
(6)
Monitoring station / Checkpoint B-6, located near Wana Air
Shaft in the crosscut between No. 2 and No. 3, 50 feet from spad number 83
(measured in the crosscut between No. 2 toward No. 3 entry), to monitor air
leaving the unsafe-to-travel segment.
2. Weekly evaluations shall be
conducted by a certified person at each of the monitoring stations. The evaluation shall include measurement of
the quality and quantity of air entering or leaving the monitoring station. Air quality measurements shall determine the
methane and oxygen concentrations using an MSHA approved hand-held device. Air quantity measurements shall be made
using an appropriately calibrated anemometer.
3. The weekly examination of 14
stopping along the adjacent tract entry creating the petition aircourse shall
be conducted and their condition evaluated and recorded as a part of the
evaluation of the petitioned aircourse.
4. A sign showing the safe travel route
to each monitoring station shall be conspicuously posted in an adjacent
travelable entry.
5.
Methane gas or other harmful, noxious or poisonous gases
shall not be permitted to accumulate in excess of legal limits. An increase of 0.5 percent methane above the
last previous reading or a 10 percent change in the air flow quantity at any
monitoring station shall cause an immediate investigation of the affected
area.
Any
significant difference in the quantities and qualities of air flows, or the air
flow directions, shall cause immediate investigation.
6. A diagram and/or enlarged map
showing the normal direction of the air flow shall be posted at each monitoring
station. The diagram shall be
maintained in legible condition and any change in air flow direction shall be
reported to the mine foreman for immediate investigation. Laminated copies of the mine map identifying
the checkpoints and normal direction of airflow may be used for this purpose.
7. The
date, initials of the examiner,
time and the measured quantity and quality of air shall be recorded in a book,
or on a date board, that shall be provided at the monitoring stations. Such
results shall be recorded in a book
kept on the surface and made available to all interested parties.
8. All monitoring stations and
approaches to monitoring stations shall, at all times, be maintained in safe
condition. The roof shall be adequately
supported by roof bolts or other suitable means to prevent deterioration of the
roof in the vicinity of the stations.
9. The monitoring station locations and
representative air quantity and quality measurements for each monitoring
station location shall be shown on the annually submitted mine ventilation map
(30 CFR 75.372). Station locations
shall not be eliminated or moved without prior approval by the District Manager
as a part of the Ventilation Plan for the mine.
10. P rior to implementing this Proposed
Decision and Order, all personnel shall be instructed that no travel into the
petitioned aircourse segment shall be permitted and all other approaches shall
be fenced off or barricaded with "DO NOT ENTER" warning signs. Entry into the area shall be permitted only
to investigate and correct significant problems with air flow detected through
the monitoring process. All such work
shall be done under the supervision of an authorized person. All persons who work in the area shall
be instructed in the emergency evacuation procedures and all provision of
30 CFR 75.1501 (formerly 75.1101-23).
11. 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 include initial and refresher training regarding
compliance with 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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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.
_________________________________
John F.
Langton
Acting Deputy
Administrator
for Coal Mine Safety and Health
