May 24, 2000
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In the matter of |
Petition for Modification |
Proposed Decision and Order
Background
On September 23, 1999, Independent Salt Company (Independent), filed a petition pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. Sec. 811(c), and 30 CFR Part 44. The petition sought a modification of the application of mandatory safety standard 30 CFR § 49.6(a)(4), at the Independent Salt Company Mine (ID No. 14-00411) located in Kanopolis, Ellsworth County, Kansas. On February 22, 2000, Independent amended its petition to change the standard for which it was seeking modification from 30 CFR § 49.6(a)(4) to 30 CFR § 49.6(a)(1). Independent is a member of the Kansas Mine Rescue Association (Association) along with G-P Gypsum Corporation, Lyons Salt Company, and the Hutchinson Salt Company. The mine is an underground salt mine using conventional room and pillar mining methods.
The relevant standard, 30 CFR § 49.6(a)(1), Equipment and maintenance requirements, provides:
(a) Each mine rescue station shall be provided with at least the following equipment:
(1) Twelve self-contained oxygen breathing apparatus, each with a minimum of 2 hours capacity (approved by MSHA and NIOSH under 42 CFR part 84, subpart H, and any necessary equipment for testing such apparatus;
The petitioner has proposed as an alternative method of compliance to maintain six (6) approved apparatuses at their mine rescue station rather than twelve as required by the standard. The four members of the Association (of which Independent is one) have an agreement that Association members will respond to mine emergencies at other member mines, which means there are 24 mine rescue apparatuses available for a mine emergency. The Association member mines each have their own rescue stations, which are each equipped with six complete mine rescue apparatuses. The apparatuses could be used immediately or transported to another mine within 30 minutes to 2 hours ground travel.
Mine Safety and Health Administration (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 Conclusions of Law
30 CFR § 49.6(a)(1) requires that each mine rescue station be provided with at least twelve self-contained oxygen breathing apparatuses. If there were a mine emergency, the petitioner proposes to have six apparatuses at its mine rescue station and 18 apparatuses available from the other Association members. Having the apparatuses at each mine allows the petitioner flexibility in testing, inspection, maintenance, and training requirements. Because there are so many other apparatuses available in close proximity, the requested modification equals or exceeds the protection provided by the standard.
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 § 49.6(a)(1), by allowing the petitioner to to maintain six (6) apparatuses at their mine rescue station rather than twelve as required by the standard. Compliance with this Proposed Decision and Order entitles Independent Salt Company, to a modification of the application of 30 CFR § 49.6(a)(1) to its Independent Salt Company Mine.
Therefore, the Administrator finds that the petitioner has demonstrated that the requested modification with the additional terms and conditions will provide an equal or greater level of protection than compliance with the standard, provided the petitioner complies fully with the conditions set forth in the Order.
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 30 CFR § 49.6(a)(1) at Independent Salt Company Mine, as it applies to the alternative method of maintaining six (6) apparatuses at its mine rescue station rather than twelve as required by the standard, is hereby:
GRANTED, conditioned upon compliance with the following:
1. The petitioner shall maintain a membership and participate in the Kansas Mine Rescue Association.
2. The petitioner shall maintain the agreement with the Association to insure that 24 mine rescue apparatuses are available during a mine emergency.
3. At all times while the petitioner's mine is operating, at least one of the Association member's apparatuses must be available for mine rescue at the petitioner's mine.
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