In the matter of Petition for Modification
Williams Brothers Coal Co., Inc.
Mine No. 3
I.D. No. 15-16666 Docket No. M-2000-012-C
PROPOSED DECISION AND ORDER
On January 14, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.1100-2(b) to Petitioner's Mine No. 3, located in Pike County, Kentucky. The Petitioner alleges that the proposed alternative method will at all times guarantee no less than the same measure of protection to all miners at the subject mine as would be provided by the mandatory standard.
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 Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
Williams Brothers Coal Co., Inc. seeks modification of 30 CFR 75.1100-2(b). That standard provides in pertinent part:
(b) Belt conveyors. In all coal mines waterlines shall be installed parallel to the entire length of belt conveyors and shall be equipped with fire hose outlets with valves at 300-foot intervals along each belt conveyor and at tailpieces.
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Waterlines may be installed in entries adjacent to the conveyor entry belt as long as the outlets project into the belt conveyor entry.
Such outlets in the belt entry are necessary to more easily and quickly hook-up fire hoses in the event of a belt conveyor fire.
The No. 3 Mine has the water line located in an adjacent parallel neutral entry to the belt conveyor entry but does not have fire hose outlets projected into the belt as required by the standard. Petitioner has been cited for this safety standard violation. See Citation No. 7366195 (December 20, 1999).
In its petition, Williams Brothers proposes to simply leave the water outlets in the adjacent neutral entry, where they are now located. Nothing else is proposed as an alternate method of compliance. In support of its petition, the petitioner submitted the following statement:
In a study conducted by MSHA entitled Belt Entry Ventilation Review: Report of Findings and Recommendations (dated 1989), Paragraph 9 on Page 3 states, "Where belt air is directed outby from the section, water lines should be relocated from the belt to a separate intake entry to facilitate fire fighting activities."
(Emphasis added). Petitioner further alleges that, in the event of a belt fire, with the outlets extended into the conveyor belt entry, there is a good possibility the water line could be burned or melted, thus, cutting off the water supply inby the fire. With air directed outby, the fire must be fought inby the fire.
MSHA's investigation revealed that the mine is a small one unit mine, consisting of four coal haulage conveyor flights. The belt conveyor is located near the center of a set of multiple neutral entries. The travelway entry and water line entry are located respectively on opposite sides of the belt entry.
Air flow in the belt and adjacent neutral entries travels from the section belt loading point toward the mouth of the section (in an outby direction from the section). Two rows of permanent stoppings separate the primary air intake entry and the air return entry from the belt entry and neutral entries. The intake aircourse is designated as the primary escapeway. There is no other air intake entry to the section. (See mine map submitted as part of the petition). With respect to petitioner's reference to MSHA's Report on Belt Entry Ventilation to bolster its position, MSHA notes that the Report actually undermines petitioner's position. The Report recommends that mine operators relocate their water lines in separate intake entries from the belt to facilitate fire fighting activities:
Directing air outby through the belt entry to the return complies with 75.326 (now 75.350). However, there are problems associated with fire fighting. . . .
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Where belt air is directed outby from the section, water lines should be relocated from the belt to a separate intake entry to facilitate fire fighting activities.
United States Department of Labor, Mine Safety and Health Administration, 1989, Belt Entry Ventilation Review: Report of Findings and Recommendations at Pages 2 and 3 (Emphasis added).
In the Williams Brothers Coal Co., Inc.'s No. 3 Mine, the water line is not located in a separate intake entry but is located in a separate parallel neutral entry with the belt conveyor. Since the No. 3 Mine has only one intake entry (the primary escapeway entry), the water line would need to be located in the primary escapeway entry to follow the recommendation of the Ventilation Review Report.
In addition the Review Report does not address the location of the fire hose outlets when the waterline is placed in an adjacent entry to the belt entry. Thus, the outlet must project into the belt entry when waterlines are installed in an entry adjacent to the belt as required by 75.1100-2(b). Petitioner's representation that, in the event of a belt fire, with the outlets extended into the conveyor belt entry, there is a good possibility the water line could be burned or melted, thus, cutting off the water supply inby the fire lacks merit and is not relevant to its petition.
For these reasons, MSHA concludes that the proposed alternative, if implemented would not comply with the intent of 30 CFR 75.1100-2(b), which is to ensure that fire hose water line outlets are available for belt entry fire fighting purposes and that the outlets are quickly accessible in the belt entry. In fact, the request does not provide an alternative method to the standard. The alternative method proposed by the Petitioner will not at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1100-2(b).
On the basis of the petition and the findings of MSHA's investigation, Williams Brothers Coal Co., Inc. is not granted a modification of the application of 30 CFR 75.1100-2(b) to its Mine No. 3.
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 Williams Brothers Coal Co., Inc.'s Petition for Modification of the application of 30 CFR 75.1100-2(b) in the No. 3 Mine is hereby:
DENIED.
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.
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