Petition for Modification
August 25, 2000
In the Matter of
Contour Erections & Siding Systems, Inc.
dba Contour Steel
Docket No. M-2000-006-M
30 CFR § 56.15003
BACKGROUND
On May 17, 2000, Contour Erections & Siding Systems, Inc., dba Contour Steel filed a petition for modification of 30 CFR § 56.15003, (Protective footwear), at American Rock Salt Company LLC's Hampton Corners Mine (I.D. No. 30-03255) located in Groveland, Livingston County, New York. The mine is an underground salt mine in its development stage.
The relevant standard, 30 CFR § 56.15003 Protective footwear, provides:
All persons shall wear suitable protective footwear when in or around an area of the mine or plant where a hazard exists which could cause an injury to the feet.
The Petitioner seeks relief from the requirement that it's employees wear steel capped footwear. Petitioner's employees will at all times be working above ground, engaged in the erection of industrial steel buildings and conveyors. The petitioner also cites the Occupational Safety and Health (OSHA) standard that does not require safety toed shoes where the foot protection would reduce the safety of the employee in the performance of his work, such as ironworkers climbing structural columns, erecting reinforcing steel or performing other work. The Petitioner contends that wearing steel capped footwear is a diminution of safety for the ironworkers.
From June 6 to 9, 2000, 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 § 56.15003 requires that suitable protective footware at mills or plants where hazards exist. The Petitioner asserts that the wearing of steel capped shoes is a diminution of safety to the ironworkers. The petitioner also explained that the steel toed boot would lessen the ability of a worker to climb a steel structure due to the inflexibility of the steel toe work boot to conform to various foot positions on the girder. This could cause slipping or foot pain to the individual.
The investigators determined that ironworkers at other job sites do wear steel-toed boots. The investigation also revealed that there are hazards on the job site that could cause injuries to the feet and the ironworkers best protection is to wear steel toed shoes. These potential injuries could result from: handling large steel girders and connecting plates; sorting and slinging steel girders; and the scattering of on the ground of miscellaneous equipment such as parts, steel and scrap. MSHA has determined that the petitioner's reasons for seeking a modification of the mandatory standard do not the benefits of wearing the steel toed foot protection at all times. Therefore, the Petitioner has not demonstrated that wearing steel toed boots is a diminution of safety for the miners.
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 § 56.15003 to Contour Erections & Siding Systems, Inc., dba Contour Steel 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.
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Earnest C. Teaster, Jr.
Administrator for
Metal and Nonmetal Mine Safety and Health