In the matter of Petition for Modification
Consolidation Coal Company
Rend Lake
I.D. No. 11-00601 Docket No. M-1999-054-C
PROPOSED DECISION AND ORDER
On May 18, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.1909(b)(6) to Consolidation Coal Company's Rend Lake Mine, located in Jefferson County, Illinois. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
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 and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
Section 75.1909(b)(6) provides that all self-propelled non-permissible diesel-powered equipment must have, in addition to all other requirements, service brakes that act on each wheel of the vehicle such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in complete loss of service braking capability.
Petitioner proposes an alternate method in lieu of the front wheel brakes on the Getman/Model RDG-1504 diesel grader Serial No. 6384 in use at the Rend Lake Mine. Consolidation proposes: (1) to equip the diesel grader with service brakes on each of the drive wheels, (2) to equip the diesel grader with stationary emergency brakes, (3)
to limit the tramming speed to 10 miles per hour, (4) to train grader operators to check brake function during preoperational checks, (5) to train operators to lower the grader blade to the ground as an additional braking mechanism if required, and (6)to provide task training and annual refresher training regarding these provisions.
The alternative method proposed by the Consolidation Coal Company (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1909(b)(6). The Getman/Model RDG-1504 diesel grader is equipped with 10.00 X 20 tires which limit the tramming speed to 10 miles per hour and the grader operators will be trained to lower the moldboard in emergency conditions. These terms and conditions will provide an equivalent level of safety to the standard requirement that each wheel of the grader be equipped with service brakes.
On the basis of the petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.1909(b)(6) to its Rend Lake Mine.
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 Consolidation Coal Company's Petition for Modification of the application of 30 CFR 75.1909(b)(6) in the Rend Lake Mine is hereby:
GRANTED, conditioned upon the following terms and conditions:
1. This Proposed Decision and Order is limited in application to Getman/Model RDG-1504 diesel grader Serial No. 6384.
2. The maximum speed on the Getman diesel grader must be limited to ten miles per hour.
3. The Getman Roadbuilder diesel grader is equipped with 10 X 20 tires.
4. Prior to implementing the alternative method:
(a) the diesel grader must be inspected by MSHA and in compliance with the terms and conditions of the Proposed Decision and Order,
(b) grader operators must be trained to recognize appropriate levels of speed for different road conditions and slopes, and
(c) grader operators must be trained to lower the moldboard (grader blade) to provide additional stopping capability in emergencies.
5. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner must submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These revisions must specify initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order.
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.
Robert A. Elam
Administrator
for Coal Mine Safety and Health