In the matter of Petition for Modification
Homestake Mining Company
Homestake Mine - Lead
I.D. No. 39–00055 Docket No. M-97-04-M
BACKGROUND
On May 23, 1997, a petition was filed by Homestake Mining Company seeking a modification of the application of 30 CFR §57.6202(a)(5) to petitioner's Homestake Mine - Lead located in Lead, Lawrence County, South Dakota. The petition alleged that the proposed alternative method, using a high-intensity, flashing light instead of signs on mobile equipment hauling explosives underground, would at all times guarantee no less than the same measure of protection afforded by the standard. In their request, petitioner sought modification of 30 CFR §56.6202(a)(5) which applies to surface metal and nonmetal mines. Since petitioner’s mine is an underground gold mine, the proper standard for this petition for modification request is §57.6202(a)(5).
Standard 57.6202(a), provides in part:
(a) Vehicles containing explosives material shall be -
(5) Posted with warning signs that indicate the contents and are visible from each approach;
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. After a careful review of the entire record, including the petition and investigative report, this Proposed Decision and Order is issued.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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 § 57.6202(a)(5) by utilizing high-intensity, flashing lights on mobile equipment to alert underground miners that the vehicles either contain or are transporting explosives or explosive materials.
Compliance with this Proposed Decision and Order entitles Homestake Mining Company to a modification of the application of 30 CFR § 57.6202(a)(5) to its Homestake Mine - Lead.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal 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 the modification of the application of 30 CFR §57.6202(a)(5) at the Homestake Mine - Lead as it pertains to the use of flashing lights on vehicles hauling or containing explosives or explosive materials is hereby
GRANTED conditioned on compliance with the following:
1. All rubber-tired mobile equipment hauling or containing explosives underground shall be equipped with two, high-intensity, flashing (strobe-type) light.
2. These lights shall be “hard-wired” into the equipment’s electrical system and have an independent switch for control purposes.
3. The light shall be in operation at all times when explosives are contained or transported on any rubber-tired vehicle(s) underground. If the light becomes inoperational, while explosives are contained or are being transported on these vehicles, the vehicle(s) shall be immediately stopped and appropriate safeguards taken to ensure the safety of the material(s) until the light is operational. If the vehicle is left unattended during this period of inactivity, appropriate and visible warning signs shall be placed at all approaches to warn other miners who may be in the area.
4. When in operation, the light shall be visible from all approaches and not interfere with the operators vision.
5. The light shall be of a color designated for warning of the presence of explosives or explosive materials and shall not be used for any other purpose at the mine.
6. All persons assigned to, working in, or visiting the underground mine shall receive appropriate training regarding the conditions outlined in this Proposed Decision and Order prior to beginning any work or other duties and annually thereafter.
7. Visible signs shall be posted at every underground shaft station and explosives storage magazine noting conditions one through six outlined in this Proposed Decision and Order.
8. Within 30 days after this Proposed Decision and Order becomes final, the petitioner shall submit written revisions to their 30 CFR Part 48 training plan for approval by the MSHA Rocky Mountain District Manager. This amended plan shall include appropriate revisions to hazard, annual, refresher, and task training relevant to the conditions outlined in this Proposed Decision and Order.
Any party to this action desiring a hearing must file a request for hearing within 30 days of the Proposed Decision and Order, in accordance with 30 CFR §44.14, with the Administrator for Metal and Nonmetal, 4015 Wilson Boulevard, Arlington, Virginia 22203. Unless a request for a hearing of this Proposed Decision and Order is filed with the Administrator for Metal and Nonmetal Mine Safety and Health within 30 days, this Proposed Decision and Order will become final.
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 a request for a hearing is not 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