On February 23, 1977, a variance was granted to the American Gilsonite Company modifying the application of 30 CFR § 57.19-3 to their Bonanza Mines and Mill located in Bonanza, Uintah County, Utah, 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Labor, Mine Safety and Health Administration on March 9, 1978, continue in effect until revoked, terminated, modified, superseded, or set aside by the Secretary of Labor or other authorized officials.
The variance allowed the use of a v-belt drive hoist (No. H-9) and was granted based on the determination that the alternative method, as conditioned on petitioner's compliance with specified terms, would at all times guarantee no less than the same measure of protection afforded by the standard.
On April 15, 1985, standard 57.19-3 was redesignated as standard 57.19003.
Standard 57.19003, Driving mechanism connections, provides:
Belt, rope, or chains shall not be used to connect driving mechanisms to man hoists.
On July 18, 1996, MSHA's Rocky Mountain District Manager submitted correspondence concerning a recent review at the Bonanza Mines and Mill relative to the granted variance. The review indicated that petitioner has a petition for modification which was granted for another hoist relative to standard 57.19003. The review recommended that variance M-77-275-M be revoked and that granted petition for modification M-78-49-M be amended to include hoist No. H-9. 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A variance at the Bonanza Mines and Mill is no longer applicable. The change in circumstances which has occurred by including hoist No. H-9 into petition No. M-78-49-M provides no further justification for the relief granted by the subject variance.
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 § 57.19003 to American Gilsonite Company as it pertains to the use of v-belt drive hoist No. H-9 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 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, 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 |
