On February 22, 1978, a variance was granted to Cotter Corporation regarding the application of 30 CFR § 57.19-22 to their Schwartzwalder Mine located in Golden, Jefferson County, Colorado, by the U.S. Department of Interior, Bureau of Mines. 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of Interior to the U.S. Department of Labor on March 9, 1978, continue in effect until revoked, terminated, modified, superseded, or set aside by the Secretary of Labor, or other authorized officials.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 drum-end wire rope attachment constructed of a 1-inch cold rolled steel eyelet welded to a 1- inch by 4-inch steel plate. Chemtron Welding Products #7018 rods were used for all welds. The drum end attachment device was fastened to the drum spoke by 2 3/4-inch by 3 1/2-inch diameter grade 5 bolts. The hoist wire rope was passed through the steel eyelet, and fitted with a thimble to prevent rope damage. The rope made one full turn around the eyelet, and was fastened with 2 - 1-inch Crosby clips. In this manner, the rope was fixed to the drum. The variance 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 November 25, 1983, standard 57.19-22 was revised and redesignated as standard 57.19026.
Standard 57.19026, Drum end attachment:
(a)For drum end attachment, wire rope shall be attached-
(1)Securely by clips after making one full turn around the drum spoke;
(2)Securely by clips after making one full turn around the shaft, if the drum is fixed to the shaft; or
(3)By properly assembled anchor bolts, clamps, or wedges, provided that the attachment is a design feature of the drum hoist. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.
(b)A minimum of three full turns of wire rope shall be on the drum when the rope is extended to its maximum working length.
FINDING OF FACT AND CONCLUSION OF LAW
A variance of 30 CFR 57.19-22 at the Schwartzwalder Mine is no longer applicable. The revised standard provides no further justification for the relief granted by the subject variance. The new language of the revised standard, 30 CFR 57.19026, makes the need for modification unnecessary.
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 § 57.19026 to Cotter Corporation as it pertains to the use of an end-drum wire rope attachment 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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Vernon R. Gomez
Administrator for
Metal and Nonmetal |
