Petition for Modification
March 16, 2000
PROPOSED DECISION AND ORDER
In the Matter of
Original Sixteen to One Mine, Inc.
Docket No. M-1999-020-M
30 CFR §57.6132(a)(6)
BACKGROUND
On December 13, 1999, Original Sixteen to One Mine, Inc., filed a petition for modification of 30 CFR §57.6132(a)(6), (Explosives, Magazine requirements), at Petitioner's Sixteen to One Mine (I.D. No. 04-01299) located in Alleghany, Sierra County, California. The mine is an underground gold operation using conventional mining methods to recover the ore.
The relevant standard, 30 CFR §57.6132(a)(6), provides:
(a) Magazines shall be---
(6) Posted with appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach, so located that a bullet passing through any of the signs will not strike the magazine.
The Petitioner has two explosive magazines that are currently in compliance with 30 CFR §57.6132(a)(6). The mine has a creek flowing through the property which allows pubic access under California law within the flood marks of the creek. The Petitioner states that there is no place flat enough to locate the magazines beyond the view of persons on the creek. The petitioner alleges that having signs posted has the potential to place the miners and the public in greater danger, because the signs call attention to the area where the magazines are located. The Petitioner further alleges that signs and adjacent structures are routinely used as targets for weapons throughout the county where the mine is located. The Petitioner contends that the posting of warning signs is a diminution of safety for the miners.
On December 28, 1999, 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.
FINDING OF FACT AND CONCLUSION OF LAW
30 CFR §57.6132(a)(6) requires that magazines be posted with appropriate warning signs that indicate the contents and are visible from each approach. The Petitioner asserts that posting warning signs poses a greater safety hazard to the miners and the public by calling attention to the area. MSHA has determined that the miners' need to know that explosives are in the area far outweighs the Petitioner's concern that the signs may draw attention to the explosive magazines. The Petitioner has not demonstrated that the posting of warning signs is a diminution of safety for the miners. The requested modification would not provide protection equal to or greater than the protection provided by compliance with the standard.
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 ordered that a modification of the application of 30 CFR §57.6132(a)(6) to Original Sixteen to One Mine, Inc. is hereby
DENIED,
because the Petitioner has not established that compliance with the mandatory standard will result in a diminution of safety to the miners.
/s/ Earnest C. Teaster, Jr.
Earnest C. Teaster, Jr.
Administrator
For Metal and Nonmetal Mine Safety and Health