Petition for Modification
In the matter ofBHP Navajo Coal Company
Navajo Mine
I.D. No. 29-00097
Docket No. M-1996-023-C
30 CFR 77.807-3
PROPOSED ORDER OF DISMISSAL
On March 5, 1996, BHP Minerals International Inc. filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 77.807-3, a mandatory safety standard.
The petitioner provided information about the electrified rail road serving the company's mining operations and requested the modification to allow the systems continued use. Subsequent to the submission of the petition, the company name was changed to BHP Navajo Coal Company. In addition, the operating company and MSHA have developed the operating instructions for miners working in the vicinity of and crossing under the catenary/high-voltage trolley rail haulage system. MSHA has since determined that the operating instructions/constitute "other safety precautions under 30 CFR 77.807-3."
The mine operator's safety precautions require:
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1. A minimum of three (3) feet of vertical clearance shall be maintained at all times between rail road equipment used under the energized catenary contact wire of the Electrified Railroad(s). A minimum of three (3) feet of vertical clearance shall be maintained at all times between other equipment that must cross under the energized catenary contact wire of the Electrified Railroad(s) at all designated crossings. These "other precautions" are only for equipment that must pass under the energized catenary contact wire to conduct normal mining operation. When possible, equipment meeting 30 CFR 77.807-3 clearances will be used. Equipment shall not be loaded or have mechanical defects that result in less clearance than required by the regulation. All other equipment operated adjacent to the energized catenary system shall comply with the requirements in 30 CFR 77.807-3.
1. The catenary system shall be well supported and maintained.
2. The catenary system is provided with a fault interruption device, capable of interrupting available fault current anywhere in the system.
3. A permanent notice shall be posted on bulletin boards at the mine(s) and shall be read annually to each miner during regularly scheduled annual refresher training. The notice shall specify, at a minimum, that every employee, including newly hired employees, shall be instructed to use extreme caution when driving equipment under or working near any energized power line. The notice shall also specify a minimum of three (3) feet of clearance is required between all equipment or vehicles traveling beneath the energized catenary line of the Electrified Railroad at all designated mine crossings. The notice shall also state that clearances between equipment and all other energized power lines shall also state that clearances between equipment and all other energized power lines shall meet the requirements of 30 CFR 77.807-3.
4. Mechanical barriers/signs stating DANGER HIGH VOLTAGE along with the maximum equipment height limits shall be installed a minimum of three feet below the energized catenary line for each approach to railroad crossing to provide adequate time for equipment operators with vehicle heights greater than the posted height limit to stop. The low clearance warning devices shall be installed so that they cannot be bypassed. When possible, crossings shall be eliminated or provided locked gates to limit traffic.
5. The following safety precautions shall be implemented when equipment must cross under the energized catenary contact wire of the Electrified Railroad(s) on mine property:
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1. The operator of any equipment which exceeds the posted height of the warning sign, shall obtain a crossing clearance from a Railroad Supervisor or his representative prior to moving equipment under the energized catenary contact wire. The Railroad Supervisor or his representative shall be given as much advance notice as possible and practical. The notice shall specify the type of equipment, the specific crossing and the estimated time of crossing.
2. A Railroad Supervisor or his representative shall determine the height of the equipment or vehicle that is to cross under the catenary to assure that three feet or more of vertical clearance is provided.
3. Equipment or vehicles with less than three feet of vertical clearance shall not cross under the catenary contact wire until the Railroad Supervisor or his representative has arranged for the catenary contact wire to be de-energized and grounded by a qualified person.
4. Antennas on vehicles shall be installed and maintained to provide three feet or more of clearance while crossing under any energized electrified railroad catenary system on mine property. When possible electrical clearances of all vehicles shall comply with 30 CFR 77.807-3.
7. Hazard Training shall be provided to all contractors, vendors, delivery personnel and visitors. Each mine entrance gate(s) shall include a statement regarding the maximum vertical equipment height (clearance) between any equipment and vehicle(s) that cross the Electrified Railroads. The trainer(s) shall immediately notify the Railroad Supervisor(s) or his designated representative(s) of any equipment or vehicles entering mine property that does not provide three feet or more clearance at designated Electrified Railroad crossings.
8. The "other precautions" shall be reviewed with all mine equipment operators. Training in the hazards associated with mobile equipment contacting energized power lines shall be given.
9. Any future extensions or repaired areas to the catenary track rail system shall be maintained to at least the same minimum height specifications currently used. The rail system and machinery that cross the Electrified Railroad crossings must be maintain to prevent accidental contact with the energized line.
10. Front-end loaders or similar types of equipment shall not used to load rail cars within to ten (10) feet of the energized catenary contact wire, unless the catenary contact wire is de-energized or isolated by the use of dead blocks.
11. The mine shall submit proposed revisions to its approved Part 48 training Plan to the Coal Mine Safety and Health District Manager. The revisions shall include all the "other precautions" that have been put in place.
On November 14, 2002, MSHA District personnel confirmed that the "other precautions" are in place and confirmed compliance the petitioned regulation was thereby achieved.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, BHP Navajo Coal Company's Petition for Modification of 30 CFR 77.807-3 to its Navajo Mine is dismissed.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 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 Order of Dismissal will become final.
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Michael P. Miano
Chief, Division of Safety
Coal Mine Safety and Health
