On August 14, 1992, a petition was filed by Magma Copper Company seeking a modification of the application of 30 CFR 57.11059 to petitioner's Magma Mine (I.D. No. 02-00152) located in Superior, Gila County, Arizona. The petitioner alleged that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection for underground hoist personnel as afforded by the standard. The approved, one-hour, self-contained breathing apparatus provided the protection envisioned by the standard.
Standard 57.11059, Respirable Atmosphere for Hoist Operators Underground, provides:
For the protection of operators of hoists located underground which are part of the mine escape and evacuation plan required under standard 57.11053, the hoist operator shall be provided with a respirable atmosphere completely independent of the mine atmosphere. This independent ventilation system shall convert, without contamination, to an approved and properly maintained 2-hour self-contained breathing apparatus to provide a safe means of escape for the hoist operator after the hoisting duties have been completed as prescribed in the mine escape and evacuation plan for that hoist. The hoist operator's independent ventilation system shall be provided by one of the following methods:
(a) A suitable enclosure equipped with a positive pressure ventilation system which may be operated continuously or be capable of immediate activation from within the enclosure during an emergency evacuation. Air for the enclosure's ventilation system shall be provided in one of the following ways:
(1) Air coursed from the surface through a borehole into the hoist enclosure directly or through a metal pipeline from such borehole; or
(2) Air coursed from the surface through metal duct work into the hoist enclosure, although this duct work shall not be located in timber-supported active workings; or
(3) Air supplied by air compressors located on the surface and coursed through metal pipe into the hoist enclosure.
A back-up system shall be provided for a hoist enclosure ventilation system provided by either of the methods set forth in paragraphs (a)(2) and (3) of this section. This back-up system shall consist of compressed air stored in containers connected to the enclosure. This back-up system shall provide and maintain a respirable atmosphere in the enclosure for a period of time equal to at least twice the time necessary to complete the evacuation of all persons designated to use that hoist as prescribed in the mine escape and evacuation plan required under standard 57.11053; or
(b) An approved and properly maintained self-contained breathing apparatus system which shall consist of a mask connected to compressed air stored in containers adjacent to the hoist controls. The self-contained breathing system shall provide a minimum of 24 hours of respirable atmosphere to the hoist operator. In addition, the self-contained breathing system shall be capable of a quick connect with the approved 2-hour self-contained breathing apparatus above.
MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings and recommendations with the Administrator for Metal and Nonmetal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report, a Proposed Decision and Order was issued on September 16, 1993, granting a modification of 30 CFR 57.11059 to the Magma Mine. The modification, which became effective on October 16, 1993, allowed the petitioner to utilize an alternative method of providing respirable atmosphere to underground hoist operators.
Modification 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 in that the approved, one-hour, self-contained breathing apparatus provided the protection envisioned by the standard.
Relief as outlined in the Proposed Decision and Order was further conditioned upon circumstances existing at the mine at the time the modification was granted.
On June 16, 1998, petitioner filed a request for revocation of the granted petition due to cessation of mining operations. On June 23, 1998, the MSHA Rocky Mountain District concurred with petitioner's request for revocation of the petition. The request also noted that the company name had changed to BHP Copper, Inc., and the mine name to BHP Copper, Inc., Superior Operations.
FINDING OF FACT AND CONCLUSION OF LAW
A modification at the BHP Copper, Inc., Superior Operations is no longer appropriate. The change in circumstances which has occurred as a result of the cessation of mining activities 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 Mine Safety and Health 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 modification of the application of 30 CFR 57.11059 to the BHP Copper, Inc., Superior Operations as it pertains to the alternative method of providing respirable atmosphere to underground hoist operators is hereby REVOKED.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, 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, 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 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 thereof, this Proposed Decision and Order will become final and must be posted by the mine 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 |
