Petition for Modification
In the matter of
Mountain Coal Company
West Elk Mine
I.D. No. 05-03672
Docket No.M-98-038-C
30 CFR 75.380(d)(4)
PROPOSED DECISION AND ORDER
On April 23, 1998, a petition was filed seeking a modification of the application of 30 CFR 75.380(d)(4) to Petitioner's West Elk Mine, located one mile East of Somerset, Gunnison County, Colorado. The Petitioner alleges that the proposed alternative method will at all times provide the same measure of protection as the standard. The Petitioner also alleges that the current application of the rule results in a diminution of safety by effectively requiring wider openings which would result in roof control difficulties.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition, MSHA's investigative report, and the background and intention of the regulation, this Proposed Decision and Order (PDO) is issued.
Finding of Fact and Conclusion of Law
The petitioned standard, 30 CFR 75.380(d)(4), requires that the alternate escapeway be maintained to a minimum width of 6-feet except where the escapeway passes through ventilation controls or where supplemental roof supports are necessary. At the West Elk Mine, the alternate escapeway is located in the belt entry.
Due to roof control difficulties, Petitioner seeks to maintain the width of the alternate escapeway in the belt entry to a minimum of 4-feet on the walkway side of belt drives, tripper drives, belt brakes, belt transfer points, belt splicing tables and at belt take-up units.
The mine has an incidence rate higher than the national average for roof falls. Sixty percent of the mine's roof falls occur in intersections. These intersections are also where the majority of the belt equipment is located. As the mine develops under depths exceeding 2,200 feet, stress on these intersections will increase.
Given the mine's roof fall history, the potential for roof falls will increase if the width of the alternate escapeway in the belt entry is maintained at the standard set forth in 30 CFR 75.380(d)(4). The standard's 6-foot wide escapeway would require greater areas to be mined as compared to petitioner's proposed 4-foot wide escapeway. For example, at intersections where belt drives are located, the areas of the intersection for a 6-foot wide escapeway with a 60-inch drive, a 72-inch drive and a 84-inch drive would be 493.3 sq. ft., 1162.2 sq. ft., and 1205 sq. ft., respectively. The areas of the intersection for a 4-foot wide escapeway with a 60-inch drive, a 72-inch drive and a 84-inch drive would be 417.6 sq. ft., 982.1 sq. ft., and 1049.1 sq. ft., respectively.
The investigators determined that four miners carrying a stretcher could quickly traverse an area at the widths proposed in the petition. The investigators made this determination by examining the underground site, including the 60, 72, and 84-inch belts and physically simulating a 4-foot wide escapeway: "Two persons, averaging 6 feet tall and weighing 200-pounds each, could pass through the travelways shoulder to shoulder. This was done safely where the travelway and the floor/rib intersection was clear of any material buildup." September 25, 1998 Investigative Report at Page 6.
For these reasons, application of 30 CFR 75.380(d)(4) to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Mountain Coal Company's Petition for Modification of the application of 30 CFR 75.380(d)(4) at its West Elk Mine is hereby:
GRANTED, subject to the following terms and conditions:
- The alternate escapeway, when routed within the belt haulage entry, shall be maintained to a minimum width of four feet on the walkway side of belt drives, tripper drives, belt brakes, belt transfer points, belt splicing tables, and belt take-up units.
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- The portions of the alternate escapeway where this PDO is in effect shall be identified on the mine map required at 30 CFR 75.372.
- The District Manager may request that the operator consider other possible routes for the alternate escapeway. Where corners or turns are present along portions of the alternate escapeway affected by this PDO, the District Manager may require a functional stretcher test, as described at 30 CFR 75.380(d)(4)(iii), to demonstrate that an injured miner can be quickly transported through the area on an stretcher.
- In areas affected by this PDO, the full four foot width of the escapeway shall be maintained free of accumulations of mud, water, and other hazards at all times.
- The conveyor belt shall be stopped whenever an injured person is transported through a reduced clearance area of the conveyor belt entry (alternate escapeway). A conspicuously marked belt stoppage switch shall be provided at the inby end of each area of reduced clearance.
- Reflective signs indicating "Tight Clearance" shall be posted and maintained at both ends of all affected areas.
- Prior to implementing this PDO, all persons who work in this area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383.
- Within 60 days after this PDO becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR 48 training plan to the MSHA District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the conditions specified by this PDO.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
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 operator on the mine bulletin board at the mine.
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health