On February 9, 1977, a variance was granted to The Wells-Lamson Quarry Company regarding the application of 30 CFR § 57.19-38 to their Websterville Quarry and Mill (ID No. 43-00063) located in Websterville, Washington County, Vermont, by the U.S. Department of Interior, Mining Enforcement and Safety Administration pursuant to Section 57.24-1 of Title 30 Code, of Federal Regulations. Under Section 301(c)(2) of the Federal Mine Safety and Health Act of 1977, variances granted and in effect at the time of the transfer of duties and functions from the Department of Interior to the U.S. Department of Labor, Mine Safety and Health Administration (MSHA) on March 9, 1978, continue in effect until revoked, terminated, modified, superseded, or set aside by the Secretary of Labor, the Federal Mine Safety and Health Review Commission, or other authorized officials.
The variance allowed an alternative means to access the top sheaves on the guy derricks and was granted based on the determination that the alternative method, as conditioned on petitioner's compliance with specified factors, would at all times guarantee no less than the same measure of protection afforded by the standard. On April 15, 1985, standard 57.19-38 was redesignated as § 57.19038.
Standard 57.19038, Platforms around elevated head sheaves, provides:
Platforms with toeboards and handrails shall be provided around elevated head sheaves.
In March 1996, the MSHA Northeast District Manager recommended revocation of the variance based on the belief that mining operations had ceased. The District Manager also indicated that the mine name had changed to the Wells-Lamson Quarry, the company name had changed to Rock of Ages Quarries, Inc. On July 2, 1996, the Administrator issued a Proposed Decision and Order revoking the granted variance based on cessation of mining operations.
On July 31, 1996, the petitioner submitted correspondence indicating that derricks at the mine were being used intermittently for maintenance activities, and that as a result, the petition for modification was still required for the derricks. Based on the petitioner's representation, the Administrator determined that findings which supported the revocation of July 1996 were no longer valid. On January 10, 1997, a Proposed Amended Decision and Order was issued reinstating the petition for modification.
On October 14, 1996, petitioner submitted correspondence requesting that the granted petition for modification at the Wells-Lamson Quarry be combined with the granted petition for modification at the Rock of Ages Lite Side Quarry. The petitioner noted that the Wells-Lamson Quarry was adjacent to the Rock of Ages Lite Side Quarry, and that only maintenance, not mining, activities would be conducted at the Wells-Lamson Quarry. On May 22, 1998, the Northeast District learned that all man hoists had been removed from the quarry and recommended that the petition for modification be revoked due to non-use.
After a careful review of the entire record, this Proposed Decision and Order is issued.
FINDING OF FACT AND CONCLUSION OF LAW
A variance at the Wells-Lamson Quarry is no longer warranted. The change in circumstances which has occurred because of the cessation of mining activities and the removal of all man hoists from the quarry provides no further justification for the relief granted by the subject modification.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Section 811(c), it is ordered that a variance of the application of 30 CFR § 57.19038 to Rock of Ages Quarries, Inc., as it pertains to accessing the top sheaves on the guy derricks is hereby REVOKED.
This Proposed Decision and Order will become final unless a request for a hearing is filed with the Administrator for Metal and Nonmetal Mine Safety and Health within 30 days after service. Any party to this action desiring a hearing must file a request in accordance with 30 CFR § 44.14 with the Administrator for Metal and Nonmetal, Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
If a hearing is requested, it 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 and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition.
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 of service, this Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
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Edward C. Hugler
Acting Administrator for
Metal and Nonmetal
Mine Safety and Health |
