On June 5, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.382(a) to Petitioner's Spartan Mine, located in Randolph County, Illinois. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
The mine has utilized the return air, belt conveyor slope as the mine's secondary or alternate escapeway since 1974. That slope belt conveyor has also served as a mantrip for personnel leaving the mine at shift change and is equipped to meet all of the requirements pertinent to that use (30 CFR 75.1403-5). The mine has also utilized the supply/materials hoist equipped, intake air slope as the mine's primary or intake escapeway since 1974. The mine's ventilation system and slope equipment is essentially unchanged from that installed at the mine's opening in 1953. The mine operator estimates that at the present rate of production, the mine's coal reserves will continue to be mined at least through June 1997.
On February 15, 1992, revised Safety Standards for Underground Coal Mine Ventilation became effective. The slopes at the Spartan Mine did not then become subject to 30 CFR 75.380(i)(2) which required mechanical escape facilities be provided and maintained in any slope that is a part of a designated escapeway and is inclined more than 9 degrees from the horizontal and is greater than 1000 feet in length because the slopes are only 830 feet in length. On March 11, 1996, further revisions to the Standards for Underground Coal Mine Ventilation were published and became effective June 10, 1996. The language of 30 CFR 75.380(i)(2) deleted the exception for mechanical escape facilities in slopes less than 1000 feet in length. At that time, the revised standard did apply and the mine operator was so advised by MSHA.
Since the mechanical escape facilities are required under 30 CFR 75.380(i)(2) for the belt conveyor slope and the intake air slope, standard 30 CFR 75.382, then also applies to the slope belt conveyor (which operates in the mine main return aircourse under the granting terms and conditions of the Proposed Decision and Order, Docket No. M-92-096-C, final January 5, 1996) and the intake slope materials hoist. The language of that standard (30 CFR 75.382) reflected that the predominant types of mechanical escape facilities were hoists and cable hoisted elevators but did not preclude other methods. The specific language of subparagraphs (a), (b), (c), (c)(1 and 2), (f) and (g) references design features or safety provisions specific to hoists and elevators which do not have application to inclined belt conveyor system.
MSHA, upon review of the legislative and regulatory history of 30 CFR 75.382, has determined that application of those subparagraphs to non-hoist equipment was not intended. A conveyor belt used as mechanical escape facility is appropriately addressed by petitioning for modification of the standard and applying terms and conditions similar to the applicable requirements of a Notice of Safeguard issued under 30 CFR 75.1403-5 criteria.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Old Ben Coal Company's Petition for Modification of the application of 30 CFR 75.382 in the Spartan Mine is hereby:
DISMISSED, for the mechanical escape facility (hoist) in the haulage slope intake escapeway.
GRANTED, for the slope conveyor belt, operated as a mechanical escape facility in the mines return air alternative escapeway, conditioned upon compliance with the following terms and conditions:
1) The slope belt conveyor shall be equipped with an automatic braking system which prevents the belt from reversing direction if power is lost.
2) Positive-acting stop controls shall be installed along the slope belt conveyor and such controls shall be readily accessible and shall be maintained so that the belt can be stopped or started at any location. Automatic controls shall also deenergize the belt flight dumping onto the slope belt and shall be so designed that the power cannot be reapplied to the belt flight dumping onto the slope belt while it is in use as a mantrip or emergency escape facility.
3) The slope belt conveyor shall have a minimum vertical clearance of 18 inches from the nearest overhead projection when measured from the edge of the belt and there shall be a at least 36 inches of side clearance where men board and leave the slope conveyor.
4) When persons are being transported on the slope belt conveyor, whether on regularly scheduled mantrips or as an emergency escape facility, the belt speed shall not exceed 300 feet per minute when the vertical clearance is less than 24 inches and shall not exceed 350 feet per minute when the vertical clearance is 24 inches or more.
5) Adequate illumination including colored lights or reflectors shall be installed at all loading and unloading stations on the slope conveyor belt. Such colored lights shall be located as to be observable to all persons riding the conveyor belt.
6) The slope conveyor belt shall not be used to transport supplies and the slope conveyor shall be clear of all material, including coal, before men are transported.
7) Telephone or other suitable communications shall be provided at points were persons are loaded on or unloaded from the slope belt conveyor.
8) Suitable crossing facilities shall be provided where ever persons must cross the moving slope conveyor or any other moving belt conveyor belt to gain access to or leave the mechanical escape facility.
9) The belt slope conveyor shall have a minimum 48 inch wide clear travelway on at least one side and shall have a minimum 24 inch clear travelway on the opposite side. Suitable belt crossing facilities shall be provided wherever necessary to maintain a continuous route of travel alongside the slope belt conveyor from the slope bottom to where the alternate escape exits the slope return aircourse at the surface.
10) The slope belt conveyor shall be examined by a certified person at least once each week. This examination shall include:
a) operating the slope belt conveyor as an emergency escape facility,
b) examination for hazards along the slope belt conveyor and examination of the mechanical and electrical condition of the slope conveyor system,
c) immediate reporting of any hazards or mechanical deficiencies observed and,
d) confirmation that any reported hazards or defects are corrected before the slope belt is used as a mantrip or serves as an emergency escape facility.
11) The slope conveyor belt shall also be subject to the preshift examination requirements of 30 CFR 75.360 (b)(2) and, where one of those examinations includes operation of the slope conveyor as a mechanical escape facility and examination for mechanical and electrical condition of the slope belt conveyor, the weekly examination requirements shall be satisfied.
12) The person(s) making the examination(s) required by this Proposed Decision and Order shall certify by initials, date, and time the examination(s) was made. The certification shall be at the loading and unloading stations of the slope conveyor belt.
13) Prior to implementing the petition, all persons who inspect, maintain, or may ride the slope conveyor shall be instructed in the special terms and conditions of this alternative method and within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for their approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding the alternative method outlined in the petition and the special terms and conditions stated in the Proposed Decision and Order.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal 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. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and 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 after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_________________________________
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health
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