6/11/24
In the matter of: Petition for Modification
M & D Anthracite Coal Slope #1
I.D. No. 36-09976 Docket No. M-2022-021-C
PROPOSED DECISION AND ORDER
On September 28, 2022, a petition was filed seeking a modification of the application of 30C.F.R. § 75.1400 at the Petitioner's Slope #1 Mine located in Schuylkill County, Pennsylvania. The petitioner is requesting the application of 30 C.F.R. § 75.1400 be modified to permit the use of slope conveyance (gunboat) in this anthracite mine to transport persons without the installation of safety catches or other no less effective devices, because to date, no such safety catch, or device is available for steeply pitching and undulating slopes with numerous curves and knuckles present in the main haulage slopes of anthracite mines. Anthracite mine slopes range in length from 180 to 1,000 feet and vary in pitch from 30 to 75 degrees.
The Petitioner alleges that the alternative method outlined in the petition will at all times provide no less than the same measure of protection afforded by the standard and that the use of safety catches on the hoisting system at the Slope #1 Mine presents a diminution of safety to miners.
30 C.F.R. § 75.1400(c) states:
(c) Cages, platforms, or other devices used to transport persons in shafts and slopes shall be equipped with safety catches or other no less effective devices approved by the Secretary that act quickly and effectively in an emergency. Such catches or devices shall be tested at least once every two months.
The petitioner proposes to operate the steel gunboat with secondary safety connections securely fastened around the gunboat and to the hoisting rope above the main connecting device utilizing hoisting ropes that has a minimum strength of three (3) times the value calculated from the formula in 30 C.F.R. § 75.14131(a), in lieu of safety catches.
Findings of Fact and Conclusions of Law
An investigation was initiated on January 30th, 2023, and completed February 16th, 2023, by MSHA personnel who conducted the investigation. The following persons attended and/ or participated in the investigation at the M&D Anthracite Coal, Slope #1 underground mine, the mine was in active status at the time of this investigation and employs three (3)
miners: two (2) miner's underground, including one (1)- mine foreman, and a surface hoisting engineer. An interview of the mine operator affirmed an awareness and willingness to comply with the proposal. Life expectancy of this mine is approximately 10 years.
The Petitioner did not provide information regarding how the safety factor of three for the hoist rope was calculated. Using the formula for minimum rope strength provided in 30 C.F.R. § 75.1431 the safety factor for the wire-rope currently used by the operator is more than (3) three for a 1-inch wire rope. The safety factor calculated is 4.27. All information contained within this document was not provided as per 30 C.F.R. § 44.11 by the Petitioner, however it was determined during the MSHA investigation. The Petitioner did not provide the information nor was the calculations provided, however the facts are pertinent to this petition.
The Petitioner depicts the haulage slope at this anthracite mine as typical of those in the anthracite region with a relatively high angle slope and frequently changing pitches. The Petitioner requests that section 30 C.F.R. § 75.1400, more specifically 30 C.F.R. § 75.1400(c) to permit operating the gunboat used in his mine to transport persons without safety catches or other no less effective devices, because to date, no such safety catch, or device is available for steeply pitching and undulating sloes with numerous curves and knuckles present in the main haulage slopes of Anthracite mines. The Petitioner also alleges that a functional safety catch capable of working in slopes with knuckles and curves is not commercially available. The petitioner also alleges that the activation of a safety catch will damage the haulage, system expose persons to hazards, such as dislodged timbering, roof material, guide rails, and being battered about within the conveyance.
The investigation verified that there are presently no functional safety catches or devices use on conveyance (gunboats) in the slopes of the Anthracite mines. It could not be determined if such devices would or would not inadvertently activate on knuckles and curves encountered in the slope. Safety catches or devices for conveyances used on wooden track are not commercially available at present. It could not be verified if a design of a functional safety catch, or device may be commercially available in the near future. Anthracite mine haulage slopes are known to be steeply pitched and have areas in the main haulage slope with knuckles and curves present.
The mine was found to be using a slope hoist haulage system. The Buck Mountain Anthracite coal vein was mined to develop the (primary intake slope). This is where the hoist (mantrip) conveyance is located. All mining in the Buck Mountain Vein was to establish the hoist conveyance and primary & return escapeways. The average coal seam height is 5-feet, pitching southward at an average of 35 degrees. The slope is presently 157 feet in length from the surface tipple sheave wheel to the bottom of the slope, underground length is 110 feet, and is at maximum depth. The height and pitch of the vein are not consistent. The mine was in non-producing status at the time of this investigation, and employs 3 miners: 2-miners underground, including 1- mine foreman, and a surface hoisting engineer. The mine operates 1-shift per day, 5-days per week. The Slope #1 mine is a non-union operation with no miner’s representative designated. This petition was discussed with the mine operator/foremen, two underground miners, and the surface hoisting engineer.
The mine bulletin board was examined and this petition for modification was posted. The mine operator/foremen stated that the petition for modification was reviewed and explained to all miners. Two miners, and the surface hoisting engineer were interviewed. They were aware and informed of the petition for modification.
The Petitioner did not provide all the facts required including the details of the gunboat and wire rope calculations. MSHA conducted the petition for modification investigation.
Currently the Petitioner has a 1-inch wire rope attached to the gunboat. The 1-inch rope hinders the empty gunboat’s travel down the slope as well as it’s dumping coal at the tipple dump point. The hoist rope the Petitioner is petitioning to attach to the conveyance is 3/4- inch diameter 6 X 19 RLL/IPS/IWRC wire rope (3/4-inch diameter, Right Regular Lay, Improved Plow Steel, Independent Wire Rope Core wire rope).
WIRE ROPE BREAKING STRENGTH CALCULAITON for ¾ INCH wire rope
MSHA’s investigation determined the minimum breaking strength of the ¾ inch hoist rope exceeded the regulatory requirement by a factor of 4.33.
Using the formula provided in 30 CFR 75.1431(b) for friction drum ropes less than 4000 ft. in length.
(Minimum Value= Static Load X (7.0-0.0001L), where L represents the maximum suspended rope length:
Weight of the conveyance= 665.5 lb.
Weight of rope:157 ft. length @1.04lb./ft.=163 lbs.
Capacity of conveyance: 3.2 ft. X 3.16 ft. X 3.16 ft. = 32 cubic feet. Weight of material (65 lb. cubic ft.)
=32 cubic ft. X 65 lb. cubic ft. = 2080 lbs. or 1.04 tons
Total weight of static load = 665.5 + 163 + 2080 = 2980.5 lbs. Or 1.45 tons Static Load= Sin (35-degreee) X 1.45 ton = 0.574 X 1.45 = 0.83 ton Minimum Value = 0.832 tons X (7.0 – 0.001x157)
Minimum Value + 0.832 tons X 6.84 = 5.69 tons Breaking strength of hoist rope in use is 25.6 tons Multiple of Safety Factor: 25.6 tons/5.69 tons=4.50
The gunboat shall only be loaded to 63% percent capacity when hoisting to maintain the required safety factor. The 63% percent capacity provides a gunboat load height of 3.16 feet which corresponds to the maximum capacity of the mine car that loads the gunboat, fill height 5 feet. A visible mark shall be made on the gunboat for maximum level the gunboat is to be loaded with material. This mine car is 2-feet in height, 2-feet in width and 8-feet in length which equals 32 cubic feet capacity and equivalent to 2080 pounds = 1.04 tons.
The Flory hoist in use has friction-band brakes on each side of the hoist drum, capable of holding the conveyance at any point on the slope. The current hoist 1-inch wire rope is attached using a resin poured socket. The Petitioner will use the same resin poured socket for the petitioned hoist 3/4-inch wire rope. The socket is attached to the conveyance spreader bar through a section of 1-inch-thick steel bar stock fabricated into a connecting link, welded on all sides to the spreader bar. The 1-inch fabricated connecting link has a tensile strength of 75,000 pounds. The resin poured socket
provides 100 percent of the wire’s rope’s strength and is connected to the connecting link via 2-inch diameter steel stock pin. A fully loaded gangway mine car will be filled to 63 percent of the slope gunboat capacity. The Petitioner will dump one gangway mine car per hoist trip into the slope gunboat. The dimensions of the gunboat in use at the time of the investigation is what was used by the Petitioner when the petition was submitted and what will be used with the current 1-inch or petitioned 3/4-inch wire rope.
The 3/4-inch secondary safety wire-rope (referred to by Petitioner as "secondary safety connection") will be securely fastened around the conveyance spreader bar assembly through welded 4-inch-long pipe segments (three on each side of the gunboat for a total of six segments) and 2.5-inch steel segments on the back side of the gunboat. The secondary wire-rope ends will be attached to the hoist rope above the hoist rope termination using two forged wire-rope clips on each end, correctly oriented. The 3/4-inch wire rope clips on the secondary attachment will be torqued to the specified value of 130 ft./lbs. All wire rope ends will be properly seized.
The front of the spreader bar assembly is constructed with a 40-inch-long section of solid 31/2-inch wide by 3-inch-thick rectangular steel bar-stock, welded to the side arms of the spreader assembly and reinforced to the side arms with 1/4-inch-thick steel flat-stock. Both side arms of the spreader bar (dump arms) are fabricated from 31/2 -inch wide by1/2-inch- thick, steel flat-stock, each 80-inches long, attached at the back of the gunboat by 3-inch long 1-1/8 -inch diameter steel round-stock, welded to the bottom of the gunboat. The socket is attached to the conveyance spreader bar through a section of 1-inch-thick steel bar stock fabricated into a connecting link, welded on all sides to the spreader bar. The 1-inch fabricated connecting link has a tensile strength of 75,000 lbs. The resin poured socket provides 100 percent of the wire rope's strength and is connected to the connecting link via 2-inch diameter steel stock pin. Movement of the spreader bar is necessary for the gunboat to navigate changing pitches and knuckles encountered in the slope, and conveyance dumping operations. The distance from the secondary attachments to the sheave wheel, when the conveyance was at the furthest point on the dump, measured to be 8-feet.
The investigation verified the conditions alleged by the Petitioner. Additionally, the investigation did not discover any information that would dispute the Petitioner’s allegation that the proposed system will provide no less than the same measure of protection afforded by the standard.
On the basis of the petition and the findings of MSHA's investigation, M & D Anthracite Coal is granted a modification of the application of 30 C.F.R. § 75.1400(c) at its Slope #1 Mine.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., § 811(c), it is ordered that Slope #1 Mine’s Petition for Modification of the application of 30 C.F.R. § 75.1400(c) at the Slope #1 Mine is hereby:
GRANTED, for the use of the hoist conveyance (gunboat) without safety catches, conditioned upon compliance with the following terms and conditions:
1. The minimum rope strength of the hoist rope shall be maintained at all times not less than three (3) times the value specified in 30 C.F.R. § 75.1431(a).
2. A detailed inspection procedure of the ropes and terminations used at the mine shall be posted in the hoist house and examinations shall be recorded as per 30 C.F.R. § 75.1433.
3. A two-way communication system shall be utilized (currently in use is an Archer 43-16 transistor, 4 station intercom system) is installed in the haulage slope top and bottom stations.
4. Portable Radios (approved wireless communication system) required to be used for the mines Post Accident tracking and communication system will also be utilized. This system is capable of being activated and audible to the hoisting engineer from the conveyance (gunboat) at any location along the slope.
5. The buzzer signal system shall be maintained in the hoist house at the top of the slope, and another will be installed at each level underground.
6. A depth indicator must be maintained in clear view of the surface hoisting engineer to keep him informed as to the location of the gunboat at all times.
7. The conveyance (gunboat) system cannot be changed or modified in any way without an addendum to this proposed decision and order being submitted and approved beforehand.
8. The MSHA District Manager shall be notified when the hoist is relocated or moved to another location. The hoist must be commissioned prior to beginning mining operations and verified by MSHA.
9. The gunboat shall only be loaded to 63% capacity when hoisting to maintain the required safety factor. The 63% provides a gunboat load height of 3.16 ft. which corresponds to the maximum capacity of the mine car that loads the gunboat, fill height 5 feet or less. A visible mark shall be made on the gunboat for maximum level the gunboat is to be loaded with material.
10. The secondary safety connection must be a wire rope of the same type and diameter as that is used for the main hoist rope and shall be securely fastened around the gunboat. The secondary wire-rope ends will be attached to the hoist rope above the hoist rope termination using two forged wire-rope clips on each end, correctly oriented. The .75-inch wire rope
clips on the secondary attachment will be torqued to the specified value of 130 ft. /lbs. All wire rope ends will be properly seized.
11. Wire ropes shall be cut using a chop saw or equivalent that produces a clean cut when re- termination is required. Cutting torches are not permitted to cut wire ropes.
12. The hoist wire rope attachment affixed to the personnel conveyance (gunboat) must be the same size and have the same safety factor as the hoist rope installed.
13. When hoisting heavy loads, such as air drag winches, which exceed the static load limits specified in 30 C.F.R. § 75.1431(a), an additional examination of all hoisting components will be conducted immediately following such loads and prior to personnel being hoisted. The results of these examinations must be recorded and made available to an Authorized Representative of the Secretary.
14. Rated capacities consistent with loads allowed to be handled and the number of personnel allowed to be hoisted shall be posted.
15. A load test must be conducted after the hoist ropes, secondary safety wire ropes, and/or attachments are re-terminated.
16. The maximum rate of speed at which personnel shall be hoisted is 140 feet per minute and must be posted in the hoist house. Speeds shall be consistent with the conditions in the slope and hoisting system to maintain safe operation and control of the hoist at all times.
17. Devices must be installed and maintained which limit the upper and lower travel of the gunboat when hoisting miners.
18. The distance from the secondary attachments to the sheave wheel, when the conveyance is at its furthest point on the dump, will be at least eight feet.
19. The hoist examiner should observe a complete cycle of the empty gunboat before persons are hoisted at the beginning of each shift. No other tools no supplies, or mined material can be hoisted, while hoisting miners.
20. The daily examination should include a functional test of all safety related devices on the hoist, i.e. hoist brakes, limit switches, start/stop controls including emergency stop. These tests should be performed in a manner that does not cause damage to the hoisting system.
21. Visual examinations of the hoist rope shall be conducted at a slow rate of speed, no more than 50 fpm, so the hoist rope can be properly examined in its entirety, during daylight hours.
22. The person making the examinations and functional tests shall certify, by signature and date, that the examination has been made. Certifications and records of examinations shall be retained for one year.
23. As specified in 30 C.F.R. § 75.1433(c) wire rope diameter measurements or non-destructive tests shall be conducted of the active length of the wire rope every six months.
24. Proper spacing must be maintained as per clip manufacturers’ specifications on hoist wire rope clips (center to center) and wire rope turn-back on both the personnel conveyance (gunboat) and hoist drum attachment.
25. Records of new or used wire rope installed on a hoist must be maintained for the life of the rope to establish a baseline diameter measurement as per 75.1434(g). If used wire rope is installed, the original baseline diameter measurement of the history of that rope must be brought with the wire rope when obtained and made available to MSHA upon request.
26. A safety device for personnel while loading or unloading in the conveyance (gunboat) at the rim of the shaft, at the bottom of the shaft, above the sump, or any other loading or unloading points (such as gangways), shall be installed to prevent personnel from falling down the slope.
27. All other hoisting standards of the 30 C.F.R. shall be complied with.
28. This slope with a pitch averaging 35-degrees and underground slope maximum of 110-feet will not be advanced without the approval of the District Manager.
29. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for their approved 30 C.F.R. Part 48 training plan to the Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the conditions stated in this Proposed Decision and Order.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R.§ 44.14, within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Suite 401, Arlington, Virginia 22202- 5452.
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 Petitioner on the mine bulletin board at the mine.
Brian Goepfert
Administrator for
Mine Safety and Health Enforcement
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 11th day of June, 2024, to:
Alfred J. Brown 71 Hill Road
Hegins, PA 17938
mndcoalbrothers@yahoo.com
Vernus W. Sturgill
Mine Safety and Health Safety Specialist
cc: Mr. Richard A. Wagner, P.E., Director, Bureau of Mine Safety PA Dept. of Environmental Protection, P.O. Box 133, 131 Broadview Road, New Stanton, PA 15672 rwagner@pa.gov