On October 5, 1994, Specialty Minerals, Inc., requested modification of the application of 30 CFR § 56.13020 to its Lucerne Valley Plant located in Lucerne Valley, San Bernardino County, California. The petitioner alleged that the alternative method outlined in the petition, of allowing miners to utilize a low-pressure compressed air system to blow off limestone dust accumulations, would at all times guarantee no less than the same measure of protection afforded by the standard.
Standard 56.13020, Use of compressed air, provides:
At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury.
MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings with the Administrator for Metal and Nonmetal Mine Safety and Health. After reviewing the entire record, including the petition and MSHA's investigative reports this Proposed Decision and Order is issued.
The alternative method set forth in this Proposed Decision and Order will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR § 56.13020 by allowing miners to utilize a low-pressure compressed air system to blow limestone dust accumulations from their work clothing. Compliance with this Proposed Decision and Order entitles Specialty Minerals, Inc., to a modification of the application of 30 CFR §56.13020 to its Lucerne Valley Plant.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Mine Safety and Health under 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 modification of the application of 30 CFR § 56.13020 to Specialty Minerals, Inc., as it pertains to an alternative method of utilizing low-pressure compressed air to remove limestone dust accumulations from work clothes at their Lucerne Valley Plant is hereby
GRANTED, conditioned upon compliance with the following:
1. Blow-off stations shall be established at suitable locations in the plant.
2. Each blow-off station shall have:
a. A blow gun and nozzle that, at the nozzle end, does not produce air pressure greater than 6 pounds per square inch; and
b. A tamper-proof regulator and an in-line filter installed in the compressed air system to provide constant-line air pressure to the blow gun and to prevent foreign particles from entering the gun.
3. Safety glasses with side shields or goggles shall be worn each time the blow gun is used.
4. The blow gun and nozzle shall only be used from the shoulder down and shall not be pointed at any other person. Horseplay is forbidden while using the gun and nozzle.
5. Miners shall not use the blow off stations more than three times each shift or exceed a total time of 6 minutes a shift.
6. Petitioner shall establish written procedures to ensure that the compressed air system, the regulator, in-line filter, blow gun, and nozzle are maintained in a functional condition. Blow off stations shall not be used if any of the above items are not functioning as designed.
7. At each blow-off station a sign shall be posted stating, at a minimum, the following:
a) the requirements in conditions number 3, 4, and 5 of this Decision and Order;
b) unsafe condition(s) with the station, the compressed air system, or the blow gun and nozzle assembly shall be immediately reported to the appropriate supervisor;
c) designated blow off stations are the only locations approved to use compressed air to blow dust off work clothes; and
d) nozzle(s) shall not be disconnected, removed, altered, or disabled except by authorized personnel during tests, inspection, or maintenance.
8. All persons using the blow-off stations shall receive training in the proper use of the blow gun and nozzle prior to using the station. Records of this training shall be maintained by the petitioner for 3 years and shall be made available to MSHA and the miner's representative upon request.
9. (a) Qualified persons shall take personal dust sample(s) at least annually to determine the effectiveness of control measures for each blow-off station.
(b) If a Time Weighted Average (TWA) for any sample(s) exceeds the Threshold Limit Value (TLV) for a blowoff station, approved respirators shall be used by all persons using that station. After implementation of appropriate engineering controls respirators are not required to be used when followup dust measurements taken by the petitioner indicate that the TWA is below the TLV.
(c) If respirators are used because of measurements taken in 9b above, a respirator program meeting the requirements of ANSI Z-88.2(1969) and 30 CFR § 56.5005 shall be implemented and followed.
10. Petitioner shall keep a record of all persons receiving any eye injury(s) attributed to using the blow-off gun and nozzle. The record shall include the miner's name, accident date, the type and severity of the injury, its cause(s), and the steps taken to prevent a reoccurrence.
11. Petitioner shall submit a blow-off station(s) annual report to the MSHA Western District Manager and the miner's representative by February 1 for the previous calendar year (January 1 through December 31). The report shall list all dust exposures taken at the blow-off station(s) (including sample dates and locations), all eye injuries attributed to use of the station(s), and actions or measures initiated to prevent future dust over exposures or eye injuries at the station(s).
This granted petition for modification is subject to review by the Administrator for Metal and Nonmetal Mine Safety and Health and may be revised or revoked if a change in circumstances occurs or findings which originally supported the terms or conditions of this granted modification are no longer valid.
Any party to this action desiring a hearing must file a request, in accordance with 30 CFR § 44.14 (1994), within 30 days of the Proposed Decision and Order, with the Administrator for Metal and Nonmetal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203. This Proposed Decision and Order will become final pursuant to 30 CFR §44.13(b) unless a request for a hearing is filed within 30 days.
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 thereof, this Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
_________________________________
Edward C. Hugler
Acting Administrator for
Metal and Nonmetal Mine Safety and Health
|
