In the matter of Petition for Modification
Canyon Fuel Company, LLC.
SUFCO Mine
I.D. No. 42-00089 Docket No. M-1999-057-C
PROPOSED DECISION AND ORDER
On May 26, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.360(b)(9) to Petitioner's SUFCO Mine, located in Sevier County, Utah. On June 13, 2000, subsequent to the issuance of MSHA's investigation report, the Petitioner submitted comments requesting that the proposed alternative method be amended and that the modification be expanded to address 30 CFR 75.360(a)(1 and 2) and (b)(9). The Petitioner alleges that the alternative method outlined in the amended petition will at all times guarantee no less than the same measure of protection afforded by the standard.
The petition, as amended, requests the modification of the same standard and proposes the same alternative method as previously granted to the company's Skyline Mines No. 1 and No. 3 by the Proposed Decision and Order (PDO) for Docket No. M-96-119-C, issued March 26, 1998, and finalized Aril 26, 1998.
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 PDO is issued.
Finding of Fact and Conclusion of Law
The amended alternative method proposed by the Petitioner(and as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.360(a)(1 and 2) and (b)(9).
The amended petition applies only to electrical installations and compressors in remote areas used in providing power to pumping installations. The petitioner has not requested modification of standards 30 CFR 75.344(a)(2) or 75.340(a)(1)(i) and (ii) or (iii). However, the proposed alternative method of compliance with the petitioned standard [30 CFR 75.360(a)(1 and 2) and (b)(9)] exceeds several provisions of those standards in that: a) the installation must be ventilated with intake air which is directed immediately to a return aircourse or to the surface [required by 30 CFR 75.340(a)(1)(i)]; b) the installations must also be monitored by an Atmospheric Monitoring System (AMS) meeting the requirements of both 30 CFR 75.340(a)(1)(ii) and (ii); and, c) the sensors installed to monitor compressors must provide visual and audible alarm at a located outside and on the intake side of the enclosure as well as on the continuously manned surface location.
MSHA review of the petitioner's proposed alternative method found three items missing as compared to the special terms and conditions for granting the company's Skyline Mines Nos. 1 and 3 modification of 30 CFR 75.360(a)(1 and 2) and (b)(9). Those items are considered essential to the modification providing the same measure of protection as the standard and are included in the special terms and conditions in the order section of this PDO. MSHA finds the statement "Pumpers who are also certified persons shall only preshift examine for themselves" important to reinforce the requirement that whenever persons other than the pumper are scheduled to work in the remote areas, a normal preshift examination, made within the hours of the scheduled shift / 8-hour interval, is required [see Paragraph 2(c)]. In addition, MSHA's investigation report finds that Paragrahs 4 and 5, which require MSHA inspection of the AMS and electrical installation prior to implementation of the alternative method and require the mine operator to submit a revised Part 48 training plan for District Manager approval,
are necessary. The terms and conditions have also been updated to reflect the final rule change to 30 CFR 75.360 in which "shift" is replaced by "8-hour interval" and the requirement that mine operators establish the 8-hour intervals of time subject to the required preshift examinations.
On the basis of the petition and the findings of MSHA's investigation, Canyon Fuel Company, LLC. is granted a modification of the application of 30 CFR 75.360(a)(1 and 2) and (b)(9) to its SUFCO 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 Canyon Fuel Company, LLC.'s Petition for Modification of the application of 30 CFR 75.360(a)(1 and 2) and (b)(9) in the SUFCO Mine is hereby:
GRANTED, for the preshift examination of remote electrical installations and compressors serving mine de-watering pump installations conducted by pumpers who are certified mine examiners, conditioned upon compliance with the following terms and conditions:
1. This PDO shall apply only to electrical installations and compressors subject to 30 CFR 75.344, installed in remote locations and to provide power to pumps in remote locations. All electrical installations and compressors subject to this PDO shall be identified on the annually submitted mine ventilation map and any change of location of existing electrical installations and compressors or future electrical installations and compressors shall be submitted to the District Manager for approval in accordance with 30 CFR 75.371 as a part of the mine ventilation plan.
(a) All electrical installations and compressors at such approved locations, shall be ventilated with intake air which is coursed immediately to a return aircourse or to the surface. Air ventilating such electrical installations and compressors shall not be used to ventilate any working section or any location where persons, other than pumpers or mine examiners, normally work or travel.
(b) All such electrical installations and compressors shall be continuously monitored for carbon monoxide or smoke using an MSHA approved AMS installed and operated according to 30 CFR
75.351. If any sensors in remote areas malfunction or the entire AMS system is not functioning, the petitioner's alternative method of conducting preshift examinations is not valid. The mine(s) shall immediately revert to certified person(s) conducting preshift examination(s) of electrical installations and compressors within 3 hours preceding the beginning any shift during which any person, including a pumper, is scheduled to work or travel.
(c) All such electrical installations and compressors shall be housed in noncombustible structures or areas. All such structures or areas housing compressors shall be equipped with doors which shall activate and automatically close when an AMS carbon monoxide or smoke sensor activate an alert or alarm signal and/or the temperature sensor detects a temperature which reaches 165 o F. The doors or structure shall have noncombustible transparent openings through which the enclosure can be visually examined for fire or smoke prior to entering the enclosed area. The AMS sensors shall activate visual and audible alarms at the continuously manned surface location.
2. Preshift examinations of areas where only pumpers are scheduled to work or travel shall not be required prior to the pumper entering the area. The pumper shall be a certified person and this certified pumper shall conduct an examination for hazardous conditions, test for methane and oxygen deficiency and determine the air is moving in its proper direction in each area where and as the pumper works or travels.
(a) Preshift examinations conducted by pumpers shall include all electrical installations and compressors in the remote area(s) and not only those providing power to the pumps to which the pumper travels. These examinations will be documented by time, date and initials by the certified pumper.
(b) All electrical installations and air compressors along the route of travel to working sections shall receive preshift examinations, in accordance with the unmodified 30 CFR 75.360 standard, within 3
hours preceding the beginning of any 8-hour interval on which persons other than the pumpers are scheduled to work inby those locations.
(c) Pumpers who are also certified persons shall only preshift examine for themselves. Whenever any other persons are scheduled to work in the remote locations addressed by this PDO, the areas shall be preshift examined, in accordance with the unmodified 30 CFR 75.360 standard, within 3 hours preceding the beginning of the shift or if unscheduled work requires other persons to enter these areas, a supplemental examination under 75.361 shall be conducted.
(d) Pumpers shall not engage in other hazardous activities, such as installation of supplemental roof supports, installation or maintenance of electrical equipment or AMS equipment or relocating major equipment items, while traveling alone and/or while working alone in the remote areas addressed by this PDO.
(e) Two-way communications device(s) shall be provided at or to any location or work crew assigned to work in the remote areas at or inby the electrical installations or compressors addressed by this PDO. The communications devices shall allow direct contact between the workers and the manned surface location at which the AMS sensor signals can actuate the required visual and audible alarms. The responsible person at the surface location shall be advised of the locations and activities of the persons assigned to work in such remote areas. The responsible person, in the event of an alert or alarm signal, shall immediately contact and withdraw all affected personnel to a safe location outby the signaling sensor.
3. All certified persons assigned to conduct preshift examinations and the persons designated by the operator to be the responsible persons at the AMS surface location shall be instructed in the requirements of this PDO prior to its implementation.
4. The AMS and the affected electrical installations and compressors shall be inspected by MSHA. This equipment shall be fully operational and in compliance with the terms and conditions of this modification prior to implementation this PDO.
5. Within 60 days after this PDO becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plans to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the 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