May 3, 2024
In the matter of: Petition for Modification
The Coteau Properties Company
Freedom Mine
Mine I.D. No. 32-00595 Docket No. M-2023-018-C
PROPOSED DECISION AND ORDER
On June 19, 2023, a petition was filed seeking a modification of the current M-2018-013-C granted Petition for Modification, as it applies to 30 C.F.R. § 77.1607(u): Tow bars shall be used to tow heavy equipment and safety chain shall be used in conjunction with each tow bar at the Freedom Mine located in Beulah, North Dakota. The Coteau Properties Company, Freedom Mine proposes an amendment to the currently granted PFM Docket No. 2018-013-C for 30 CFR § 77.1607(u) for a Kubota D1105 engine to replace the Lambordini Model 9DL 625-230. 30 CFR § 77.1607(u) provides in part:
Loading and haulage equipment; operation.
(u) Tow bars shall be used to tow heavy equipment and a safety chain shall be used in conjunction with each tow bar.
MSHA personnel conducted an investigation for the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement on January 22, 2024. After a careful review of the entire record, including the petition and MSHA's investigative report, this Proposed Decision and Order is issued.
Findings of Fact and Conclusions of Law
The subject Petition for Modification (PFM), Amendment was investigated on December 4 & 5 2023. The investigation was performed by Chad M. Simpson, Electrical Specialist from Gillette, WY, field office, under an E10 event No. 6462392.
The Freedom mine opened in 1978, it is located 10 miles Northwest of Beulah, North Dakota in Mercer County, 204 County Road 15, North Dakota 58523. The mine produces approximately 41,000 tons of lignite coal per day from 6 pits developed in the Beulah Coal Seam. The average coal seam thickness is 18 feet which is extracted by loaders and backhoes to load trucks. Trucks transports coal to dump points and conveyor belt systems are used to feed the power plants. Overburden is removed by draglines and shovels. Shovels load trucks which dump on backfill
areas. The mine currently employs approximately 453 workers. The mine operates seven days a week with two 12-hour production shifts and two maintenance shifts per day.
The investigation included a thorough item-by-item review of the currently approved PFM and the proposed amendment to the operating system with an onsite visit. The mine operator and mechanics demonstrated the Kubota D1105 engine driven power pack system which supplies hydraulics for the steering and braking systems for towing purposes on December 4, 2023. The investigator verified that the proposed PFM was posted on the mine’s bulletin board and explained the PFM process. In conclusion, the Kubota D1105 engine driven power pack adequately supplies proper flow and operating pressures to the steering and braking system during the towing procedure. The equipment’s onboard air tank will be maintained between 95 to 120 psi during the towing process, this will supply adequate air pressure for the braking systems.
The petitioner proposes the change from the approved PFM Lambordini Model 9DL 625-2 to a general engine driven hydraulic power pack that provides vehicles with a ‘fail safe’ braking system and full steering capabilities. The engine-driven hydraulic power pack is adequately designed and meets the minimum requirement for the operating system for safe operation of the brake and steering system. The petitioner has a Kubota Model D1105 engine driven hydraulic power pack to use in towing disabled haul trucks with tow ropes.
The petitioner shared their concern that the current PDO is too limited therefore this PDO is revised to allow this system or equivalent systems that are adequately designed and meet the minimum requirement for the operating system for safe operation of the brake and steering system to be used. If the design of the engine-driven power pack meets the minimum requirements of the manufacturer's operating system there won't have to be any more amendments to the PFM as far as equipment involved which may become defective. This petition would not be limited specifically to the Kubota D1105 engine-driven power pack only. This also includes allowing the training for other systems to be incorporated in the mine training plans however at a minimum they must cover the items included within this order.
The PFM was posted on the mine bulletin board and available for employees to access. The mine has no miners’ representatives, therefore a representative number of hourly employees who are directly involved with performing the task of the current PFM were interviewed and their comments were documented. Management personnel who have direct knowledge of the existing PFM were also met with, and comments were also documented for the investigation. All persons interviewed for the amendment to the existing PFM on December 5, 2023, were allowed to discuss any safety issues or concerns with the old and new proposed system. All employees interviewed stated the company had held safety and informational meetings on the proposed PFM. Below is a list of things discovered during the investigation:
• Concerns about the old power pack.
• Old pump failed due to inadequate design.
• New system is better.
• Brakes would fail safe.
• No accidents or close calls.
• Receiver hitch-style mount on front equipment frame
• Safe way to recover equipment.
• Agreement with added safety precautions and considerations.
• Miners were directly involved with the petition process.
• Safer than a tow bar because there is steering and brake control.
• Like the new system and added safety precautions.
• New system is better than the old one.
• Agrees with adding safety procedures and believes it will help improve the process of recovery.
• Pre-operational checklist and precautions discussed should be included.
• Puts mechanics is safer location with more control of the equipment.
• Complete procedure to follow and agrees in the improvements of the PFM.
• Agrees with new task training procedures.
The petitioner stated a new task training procedure will be made up with added safety precautions which were not covered on the original granted PFM. This will include properly checking the brake over stroke indicators and brake measurements which are not equipped with over strokes, planning the route with the least amount of grade and hazards for towing, when needed having additional equipment for braking on the rear of towed equipment for downhill grades or when requested by persons performing the task, maintaining a minimum of 95 psi on the supplied air system for braking, performing a pull test before towing to assure brakes are operating correctly, towed equipment should maintain constant pressure on tow rope for safe traveling distance of 50 feet and to prevent damage to the tow rope and towing operations may only be performed when road/weather conditions permit safe operating condition.
The previous PDO granted the use of large tow ropes or a power pack to tow disabled haulage trucks however the system being requested here is different. This proposal includes a power pack system which is designed to meet the manufacturer's operating systems to be used with a tow rope. The towed vehicle should maintain constant tension on the tow rope to ensure a safe following distance and prevent damage to the tow rope. The rope length should not be less than 50 feet.
The power pack should not be limited to a specific engine or design. The design of the power pack shall meet the minimum requirements of the operating systems on the equipment being towed per manufacturer specifications this would include psi, gpm, etc. This will prevent the petitioner from having to submit future amendments if equipment failure occurs.
The brake test should include inspection of the brakes over-stoke indicators and brake measurements for brakes not equipped with the over-stroke indicators. A pull test with the towing vehicle will demonstrate the brakes will hold the towed vehicle.
The route of travel should be planned with the least amount of grade and hazards. Steep grades may require the assistance of other equipment attached to the rear of the towed vehicle to assist in braking downgrades. Safe traffic patterns should be established for all equipment within the route chosen and all persons must be notified of the planned route of travel. Towing shall only be performed when road and weather conditions permit safe towing.
The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR § 77.1607(u).
On the basis of the petition and the findings of MSHA’s investigation, The Coteau Properties Company is granted a modification of the application of 30 CFR § 77.1607(u) to its Freedom Mine that will replace the existing M-2018-013-C.
ORDER
Under the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and under § 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), and 30 C.F.R. Part 44, a modification of the application of 30 C.F.R. § 77.1607(u): at Coteau Properties Company, Freedom Mine is hereby:
GRANTED, subject to the following terms and conditions:
The proposed towing system includes a power pack supply that provides vehicles with a ‘fail safe’ braking system and full steering capabilities. The engine-driven hydraulic power pack shall be adequately designed and must meet the minimum requirement for the operating system for safe operation of the brake and steering system. The air pressure system must be maintained above 95 psi for the braking system while being towed. A tow rope must be used with a power pack system.
1. A tow rope meeting the minimum recommended towing capacity shall be used. The tow ropes used to tow a disabled vehicle shall be a minimum of 3 5/8" Dyneema material, at least 50 feet in length, with an average breaking strength of 1,459,000 lbs. The tow rope shall be maintained in good condition and shall be attached to both vehicles with rated tow connections. The tow rope shall be examined prior to each use. Connecting the tow rope between vehicles must be done when the vehicles are at a protected location and the engines are not running and both vehicles shall be blocked with wheel chocks prior to attaching or disconnecting tow rope especially when potential for rolling exist. Tow ropes shall be replaced as per the manufacturer's recommendations.
2. Line of sight and radio communications between the towed and the towing vehicles must be maintained at all times when the vehicles are moving. The towed vehicle shall maintain tension in the rope at all times. Towing speed shall not exceed 5 mph.
3. The power pack shall be securely mounted to the towed vehicle as to not impede the operation of the vehicle or pose safety hazards such as a broken hydraulic line or exhaust fumes that may enter the operator's compartment. The power pack shall not impede the ability to exit the vehicle quickly.
4. The power pack shall operate at all times when the vehicle is being towed to maintain adequate braking and steering functions. The power pack must be examined prior to each use by a qualified mechanic trained to perform the examination.
5. Prior to towing, brake and steering tests shall be performed at a safe location or by using safe procedures to protect all miners. The test must include fully pressurizing the air system to assure the brakes function properly and depleting the air system to assure the "fail safe" brakes re-apply at the proper pressures. Air brake cylinders equipped with an over stroke indictor shall be inspected and brakes without an indicator shall be measured to assure brakes are within manufacturer's specifications.
6. All mechanics qualified by the operator shall be trained to perform the towing procedure, install the power pack and to recognize hazardous conditions that would prohibit use of the power pack to tow a vehicle. Loaded haul trucks shall not be towed. Loads shall be dumped or otherwise removed prior to towing.
7. Prior to towing operations, the safest route (least amount of grade and hazards) of travel shall be used and cleared of traffic and all persons in the affected area notified. On grades that have a potential of brake failure/run-a-way, an additional vehicle with adequate braking capability shall be connected to the rear of the towed vehicle with the same tow rope as required in #2 of this PDO for additional braking.
8. Towing operations shall only be permitted when road conditions and weather permit for safe towing. A manager or supervisor will oversee the vehicle towing procedure and monitor and control traffic.
9. Within60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit revisions to its approved 30 CFR Part 48 training plan to the Mine Safety and Health Enforcement District Manager for the area in which this min is located. The training shall be provided to all affected miners including supervisors and managers and include the following elements:
a. Training in the referenced material titled by the petitioner as part of this petition as; Fluid-Power Hydraulic Unit Powered by a Kubota Model D1105 or equivalent 16HP motor.
b. Training in the proper procedures to protect miners and examinations of the equipment to include but not limited to procedures 1-9 and 1-19 submitted with the petition to follow.
c. Training in pre-task items before initiating the tow for all employees involved with the tow are to attend a pre-tow meeting and discuss the task and a complete walk around.
d. Such training must be completed before any towing activity can be used while production is occurring. The operator shall keep a record of such training and provide such record to MSHA upon request.
e. Training in all hazards related to the equipment and task.
f. Training in all safety aspects of the equipment being safely used and maintained.
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 Geopfert
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 3rd day of May 2024, to:
Bryan Walther 204 county Rd 15
Beulah, ND 58523-9475
Bryan.Walther@nacoal.com
Erick Gisvold, Safety Manager
THE COTEAU PROPERTIES COMPANY
erick.gisvold@nacoal.com
Michele Gussie – Secretary
Mine Safety and Health Enforcement
cc: Mr. Jonathan Emmer, Director, North Dakota Public Service Commission, 600 East Boulevard Ave. Department 408, Bismarck, ND 58505-048 jemmer@nd.gov