January 20, 1999
| PROPOSED DECISION AND ORDER | the matter of |
| Lime Company | |
| PETITION FOR MODIFICATION | No. M-98-02-M |
On May 11, 1998, a petition was filed by Chemical Lime Company seeking a modification of the application of 30 CFR § 56.6306(c) as it applies to petitioner's O'Neal Quarry (ID No. 01-00003) located in Alabaster, Shelby County, Alabama. The petitioner asserted that application of the standard would result in a diminution of safety and that the alternative method outlined in the petition, drilling blast holes while loading explosive materials into nearby holes, would at all times guarantee no less than the same measure of protection for miners as afforded by the standard.
Standard 56.6306(c), Loading and Blasting, provides that:
- Once loading begins, the only activities permitted within
the blast site shall be those activities directly related to
the blasting operation and the activities of surveying,
stemming, sampling of geology, and reopening of holes
provided that reasonable care is exercised. Haulage
activity is permitted near the base of the highwall being
loaded provided no other haulage access exists.
Mine Safety and Health Administration investigators conducted an investigation of the petition and reported their findings and recommendations to 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 and recommendations, this Proposed Decision and Order is issued.
FINDING OF FACT AND CONCLUSION OF LAW
MSHA agrees with the petitioner's assertion that compliance with the standard poses a diminution of safety to the miners. The petitioner proposed to load holes while drilling is being conducted on the blast site. Spacing and burden would be 12 feet by 12 feet. The company asked to load holes adjacent to those being drilled. As a result of its investigation, MSHA has determined that it would be safer to allow (with specified procedures) the petitioner to load explosive materials on the blast site, but one additional "safety hole" must be maintained between the loading and the drilling.
Drilling at the site typically requires two days of work. The ground at the operation closes the holes before the drilling is completed creating loading problems for the explosives that could result in misfires, incomplete propagation or other hazards. Compliance with the mandatory standard results in a diminution of safety to the miners at the O'Neal Quarry. The work procedures outlined in the proposed modification will give miners equal protection to that afforded under application of standard 56.6306(c).
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 a modification of the application of 30 CFR 56.6306(c) to Chemical Lime Company, as it pertains to an alternative method of providing protection for miners exposed to blasting hazards when loading explosive materials within one hole of blast holes being drilled, is hereby:
- GRANTED, conditioned upon compliance with the following:
- This granted petition for modification only applies at and
during the "overburden removal phase"(1) of this mining
operation.
- Only persons authorized and necessary to conduct drilling or
the loading of explosive materials will be within the "blast
site."(2)
- The "Hole Loading Procedures at Chemical Lime Strip Bank
Loading by Nelson Brothers" submitted by petitioner on April
30, 1998, as part of attachment No. 2 to their modification
request, shall be followed at all times during drilling and
loading of explosive materials during the overburden removal
phase. Those procedures are attached to this petition for
modification for reference by MSHA and the mine operator.
- Explosive material may be loaded in the hole adjacent to the
one being drilled.
- The drill pattern shall be approximately 12 feet by 12 feet.
Drill holes in this pattern shall be nominally 25 feet in
depth.
- The drill shall not cross or travel over blast holes loaded
with explosive materials.
- All persons involved with overburden removal drilling and
blasting operations at this quarry shall receive training in
the above specified conditions prior to participating in any
of these activities. A record of that training, the persons
attending, the subjects covered, and the date(s) of the
training shall be recorded by the mine operator. That
record shall be retained at the mine site for a period of
three years and be made available to an Authorized
Representative of the Secretary upon request.
- The drill must be equipped with a level-indicating device that shall be used to ensure that holes are drilled vertically.
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, 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.
| For /s/ C.N. Narramore |
 _________________________________ Edward C. Hugler Administrator for Metal and Nonmetal Mine Safety and Health |
1. The first 25 feet of strata
2. Blast site - The area where explosive material is handled during loading, including the perimeter formed by the loaded blastholes and 50 feet (15.2 meters) in all directions from loaded holes. A minimum distance of 30 feet (9.1 meters) may replace the 50-foot (15.2 meter) requirement if the perimeter of loaded holes is demarcated with a barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1-meter) requirements also apply in all directions along the full depth of the hole.
