Petition for Modification
August 25, 2000
In The Matter Of
Frontier-Kemper Constructors, Inc.
Docket No. M-2000-005-M
30 CFR § 57.9360
Background
On March 19, 1999, Frontier-Kemper Constructors, Inc. (Frontier-Kemper) filed a petition for modification of 30 CFR § 57.9360, at ASARCO, Inc.'s ASARCO Ray Complex, (I.D. No. 02-00150), located in Hayden, Arizona. The mine is a multiple bench, open pit copper mine.
Standard 57.9360, Shelter Holes, provides:
(a) Shelter holes shall be -
(1) Provided at intervals adequate to assure the safety of persons along underground haulage ways where continuous clearance of at least 30 inches cannot be maintained from the farthest projection of moving equipment on at least one side of the haulage way; and
(2) At least four feet wide, marked conspicuously, and provide a minimum 40-inch clearance from the farthest projection of moving equipment.
(b) Shelter holes shall not be used for storage unless a 40-inch clearance is maintained.
Frontier-Kemper proposes to install and use safety platforms (instead of shelter-holes) mounted along the rib at regular intervals throughout The ASARCO Mineral Creek Water Diversion Tunnel. The petitioner alleged that the alternative method outlined in the petition would at all times guarantee no less than the same measure of protection afforded by the standard.
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. 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
The petitioner has proposed that the water diversion tunnel would be driven using a CTS Tunnel Boring Machine, model 490-13. The diameter of the tunnel will be 18'10''. Ground support will be provided by the installation of segmented 6" ring steel flush to the excavated circumference. During the tunnel boring process, a 24" elevated conveyor will run from the Tunnel Boring Machine trailing gear to the portal. This conveyor system will be mounted to the rib and narrow gage (36") rails will run down the center tunnel. Pedestrian traffic within the tunnel will be limited to only the personnel necessary for periodic inspections and/or maintenance. The tunnel will not be part of the mine production area. All of the petitioners miners will be transported to the face by rail-mounted conveyance. Furthermore, the development of shelter holes would require the removal of portions of the ring steel ground support system. This could adversely affect the integrity of the ground support system.
During the investigation during May 2000 it was determined that the tunnel has been driven approximately 2000' and is projected to be completed in December of 2000.
The Administrator finds that the petitioner has demonstrated that the requested modification will provide an equal or greater level of protection than compliance with the standard, provided Frontier-Kemper 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 § 57.9360 at Frontier-Kemper Constructors, Inc., based on an alternative method of compliance by providing safety platforms in lieu of shelter holes at the ASARCO Ray Complex, is hereby:
GRANTED, conditioned upon compliance with the following:
1. Safety platforms shall be installed along the length of The ASARCO Mineral Creek Water Diversion Tunnel where continuous clearance of at least 30 inches from the farthest projection of moving railroad equipment is not provided on at least one side of the Tunnel. Platforms shall not be closer than 12 inches horizontally from any projection of haulage equipment.
2. Safety platforms shall be located not more than 200 feet apart in The ASARCO Mineral Creek Water Diversion Tunnel.
3. Safety platforms shall:
(a) be constructed of metal;
(b) be constructed with handrails and midrails. (In no case shall any part of a handrail or midrail be capable of coming closer than 12 inches horizontally from any projection of haulage equipment.) Handrails and midrails shall be maintained to prevent miners from falling off the platform;
(c) be conspicuously marked with reflective tape on each approach;
(d) have two separate entries;
(e) have floor(s) constructed of metal grating. All floor(s) shall be non-skid and/or covered, coated, or constructed with non-skid material; and
(f) not be used for the storage of extraneous material or equipment.
4. Safety platforms shall be kept clean and orderly as required by mandatory standard 30 CFR 57.20003(a). Access to platform steps shall not be restricted at any time due to material storage or muck buildup.
5. Safety platforms, handrails, midrails, and floors shall be maintained in good condition.
6. Legible signs shall be conspicuously posted at all entrances to the The ASARCO Mineral Creek Water Diversion Tunnel instructing miners to use the safety platforms when trains are passing.
7. Train speeds in the The ASARCO Mineral Creek Water Diversion Tunnel shall not exceed 880 feet per minute (10 MPH) whenever persons are present.
8. All persons traveling in The ASARCO Mineral Creek Water Diversion Tunnel shall be trained in the appropriate procedures regarding safety platform usage prior to beginning work or any other duties on these levels and annually thereafter.
9. All persons traveling by foot in the tunnel will wear a flashing light device visible from both the front and back of the miner.
10. All persons traveling by foot should first communicate with the underground shift supervisor to inform him/her that they will be entering the tunnel.
11. The petitioner shall distribute a written policy to all affected persons regarding safety platform usage within 30 days after this Proposed Decision And Order becomes final. The policy shall inform affected miners of the procedures established in these conditions.
12. Within 30 days after this Proposed Decision And Order becomes final, the petitioner shall incorporate the conditions of this Order into their haulage policies and procedures manual. A copy of that manual shall be made available to MSHA and the miners representative upon request.
13. This granted Petition for Modification is subject to review by the Administrator for Metal and Nonmetal and may be revised if a change in circumstances occurs, or findings which originally supported the terms or conditions of the granted modification are no longer applicable.
/s/ Earnest C. Teaster, Jr.
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Earnest C. Teaster, Jr.
Administrator for
Metal and Nonmetal Mine Safety and Health