Petition for Modification
March 5, 2001
PROPOSED DECISION AND ORDER
In The Matter Of
Sierra Minerals Corporation
Docket No. M-2000-008-M
30 CFR § 57.15030
Background
On June 29, 2000, Sierra Minerals Corporation filed a petition for modification of 30 CFR § 57.15030, (Provision and maintenance of self-rescue devices), at the Yule Quarry Mine (I.D. No. 05-04438) located in Marble, Gunnison County, Colorado. The mine is an underground marble mine employing approximately nine miners.
The relevant standard, 30 CFR § 57.15030, Provision and maintenance of self-rescue devices, provides:
A one-hour self-rescue device approved by MSHA and NIOSH under 42 CFR Part 84 shall be available by the operator to all personnel underground. Each operator shall maintain self-rescue devices in good condition.
The Petitioner originally sought relief from 30 CFR § 57.15031 (Location of self-rescue devices). During the investigation the Petitioner amended the petition to seek relief from the requirements of 30 CFR § 57.15030. The Petitioner requests that the operator not be required to provide or maintain self-rescue devices at the Yule Quarry. The Petitioner states that the self-rescue device is awkward and represents a hazard to the miner in that the self-rescuer could get caught on equipment and passage ways. The Petitioner also asserts that there are no conditions in the Yule Quarry where a self-rescuer would be used. Additionally, the Petitioner states that the layout of the mine with huge rooms and overhead openings would not require that self-rescue devices ever be used. The Petitioner contends that the alternative method of compliance (not providing self-rescuers) would at all times guarantee no less than the same measure of protection afforded by 30 CFR § 57.15030. The Petitioner contends that the application of 30 CFR § 57.15030 would result in a diminution of safety to the miners.
On October 17, 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 § 56.15030 requires a one-hour self-rescue device be available for all personnel underground. Also the operator shall maintain self-rescue devices in good condition.
The investigators determined that if a fire were to occur in the active mining sections, not having a self-rescue device would diminish the safety of the miners. Mine emergencies associated with underground mine disasters, fires, inundations, and massive ground falls have occurred where no potential was thought to exist. The investigation also revealed that there are several potential fire sources such as flammable liquids, containers of combustible materials, and diesel powered equipment in the mine. MSHA has determined that the Petitioner's reasons for seeking a modification of the mandatory standard do not outweigh the benefits of having self-rescue devices. Therefore, the Petitioner has not demonstrated that having a one-hour self-rescue device available for all personnel underground 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 § 56.15030 to Sierra Minerals Corporation 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