Petition for Modification
August 22, 2001
AMENDED PROPOSED DECISION AND ORDER
In the Matter of
Original Sixteen to OneMine, Inc. Docket No.M-2000-002-M
30 CFR §57.11059(b)
AMENDED PROPOSED DECISIQN AND ORDER
On April 17, 2001, pursuant to an Order issued by Administrative Law Judge
Alexander Karst, the case was remanded back to the Administrator for Metal and Nonmetal (Administrator). The reason for the Remand Order was to enable the Administrator to issue an Amended Proposed Decision and Order granting the petitioner's petition for modification of 30 CFR §57.11059(b), consistent with the terms agreed to between the parties.
30 CFR §57.11059(b), provides:
(b) An approved and properly maintained self-contained breathing apparatus system which shall consist of a mask connected to compressed air stored in containers adjacent to the hoist controls. The self-contained breathing system shall provide a minimum of 24 hours of respirable atmosphere to the hoist operator. In addition, the self-contained breathing system shall be capable of a quick connect with the approved 2-hour self contained breathing apparatus above.
On March 20, 2000, Original Sixteen to One Mine, Inc. (Petitioner), Original Sixteen to One Mine (I.D. No. 04- 01299) a multilevel gold mine located in Alleghany, Sierra County, California, filed a petition for modification of 30 CFR §57.11059(b). The Petitioner sought to modify the provision in the mandatory standard which requires an approved 2-hour self-contained breathing device, capable of a quick-connect, for the underground hoist operator. As an alternative method of compliance, the petitioner proposed using a 30-minute self-contained breathing apparatus presently in use at the mine, in lieu of the 2-hour device required by the standard. On August 25, 2000 the Administrator issued a Proposed Decision and Order (PDO), denying Original Sixteen to One's petition for modification. On September 14, 2000, the petitioner filed a request for a hearing pursuant to 30 CFR §44.14(c), appealing the Administrator's decision to the Department's Office of Administrative Law Judges. Prior to the scheduled hearing, the Administrator reviewed additional evidence on the availability of approved 2-hour self-contained breathing apparatus. In light of that review the Administrator has decided to grant Original Sixteen to One's petition for modification based upon an alternative method of compliance with the mandatory standard. MSHA has determined that the alternative method agreed to by the parties, with the conditions listed below, would guarantee no less than the same measure of protection as compliance with 30 CFR §57.11059(b).
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal and pursuant to Section lOl(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §811(c), it is ordered that a modification of the application of 30 CFR §57.11059(b), based upon an alternative method of compliance with the standard at the Original Sixteen to One Mine, is hereby:
Granted, conditioned upon compliance with the following:
1.
The Petitioner shall provide a properly maintained, approved 2-hour self-contained breathing apparatus. The apparatus must be equipped with a device that allows a quick connect to the self-contained breathing system mask. With the exception of this quick-connect device all aspects of the apparatus shall be maintained in an approved condition. A modified Draeger BG-174A apparatus, which is presently located in the hoist room of the Petitioner's mine will also meet the requirements of the alternative method if all parts of the apparatus are maintained in approved condition with the exception of the available quick-connect.
2.
The self-contained breathing system shall consist of a mask connected to compressed air stored in containers adjacent to the hoist controls. This system shall provide a minimum of 24 hours ofrespirable atmosphere to the hoist operator and be capable of a quick connect with the self-contained breathing apparatus described in paragraph No. 1 above.
Isl Earnest C. Teaster, Jr.
Earnest C. Teaster, Jr.
Administrator for
Metal and Nonmetal Mine Safety and Health