March 22, 1999
In the matter of Petition for Modification
Hecla Mining Company
Rosebud Mine
I.D. No. 26-02441 Docket No. M-98-04-M
Proposed Decision and Order on Petition for Modification
The Hecla Mining Company (Hecla) filed a petition for modification on June 16, 1998, seeking a modification of the application of 30 CFR 49.8(b), training requirements for mine rescue teams, for the petitioner's Rosebud Mine I.D. No. 26-02441, located in Pershing County, Nevada. The mine is an underground gold and silver mine using conventional mining methods to recover gold and silver ore.
Standard §49.8(b) states:
Upon completion of initial training, all team members shall receive at least 40 hours of refresher training annually. This training shall be given at least 4 hours each month, or for a period of 8 hours every two months. This training shall include:
(1) Sessions underground at least once each 6 months;
(2) The wearing and use of the breathing apparatus by team members for a period of at least two hours while under oxygen every two months;
(3) Where applicable, the use, care, capabilities, and limitations of auxiliary mine rescue equipment, or a different breathing apparatus;
(4) Advanced mine rescue training and procedures; as prescribed by MSHA's Office of Educational Policy and Development; and
(5) Mine map training and ventilation procedures.
Hecla requested that they be permitted to conduct 5 longer training sessions of ten hours duration, instead of the mandated 6 sessions a year of 8 hours duration each. The training revision would correlate with the work schedule at the Rosebud Mine. If the modification were granted, rescue members would receive 50 hours of training annually with a minimum of 12 ½ hours spent under oxygen.
On November 5-8, 1998, MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings and recommendations with 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.
Findings of Fact and Conclusion of Law
MSHA agrees that the alternative method proposed by the petitioner would guarantee no less than the same measure of protection afforded by 30 CFR 49.8(b). Mine rescue teams members would receive more training than the standard requires and would not have their work and rest routines disrupted.
Order
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator, 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 hereby Ordered that a modification of the application of 30 CFR 49.8(b), at Hecla's Rosebud Mine as it pertains to an altered mine rescue training schedule is hereby:
GRANTED, conditioned upon compliance with the following:
1. The petitioner shall schedule training for the mine rescue personnel which shall include not less than five (5) sessions per year. At least three (3) of the five (5) sessions shall be held under oxygen. The total annual cumulative amount of training would equal twelve and one-half (12 ½) hours under oxygen and the total training regimen required would be at least fifty (50) hours per year. This exceeds the standard.
2. Any other miner who has not had the training required under the standard, shall either comply with the standard, or the training as indicated in this modification, before being allowed to assume any position as a mine-rescue team participant.
3. The petition is granted for an indefinite period of time but is subject to review at the discretion of the MSHA District Manager.
4. The petitioner shall record the date(s), length, training given, location(s), and person(s) taking the training. These records shall be kept for 2 years and made available to the Secretary or her authorized representative upon request.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 CFR 44.14, with the Administrator for Metal and Nonmetal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
The hearing 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 after service thereof, this Proposed Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
Earnest C. Teaster, Jr.
Acting Administrator for
Metal and Nonmetal Mine Safety and Health