Petition for Modification
In the matter of
Andalex Resources, Incorporated
Aberdeen Mine - I.D. No. 42-02028
Pinnacle Mine - I.D. No. 42-01474
Docket No. M-2000-026-C
30 CFR 75.1909(b)(6)
PROPOSED DECISION AND ORDER
On March 7, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.1909(b)(6) to Petitioner's Aberdeen Mine and Pinnacle Mine, both located in Carbon County, Utah. The Petitioner proposed an alternative method outlined in the petition that will at all times guarantee no less than the same measure of protection afforded by the 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
Section 75.1909(b)(6) provides that all self-propelled non-permissible diesel-powered equipment must have, in addition to all other requirements, service brakes that act on each wheel of the vehicle such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in complete loss of service braking capability.
The Petitioners allegation that the application of the standard will result in a diminution of safety is not based on factual reports of accident and injury but on recommendations from the equipment manufacturer that they will not support the installation of front brakes on motorgraders.
Petitioner proposes an alternate method in lieu of the front wheel brakes on the Babcock, Allatt, Model No. SGM diesel-powered grader, Serial No. 858 used at the Aberdeen and Pinnacle Mines. Petitioner proposes to limit the Model No. SMG, Serial No. 858, diesel grader speed to ten miles per hour and to train the Model No. SGM, Serial No. 854 diesel grader operators to drop the grader blade in the event that the brakes fail.
The alternative method proposed by Andalex Resources, Incorporated (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1909(b)(6). The Model No. SGM, Serial No. 858, diesel graders will be equipped with devices which limit speed to 10 miles per hour and the grader operator(s) will be trained to lower the moldboard in emergency conditions. These terms and conditions will provide an equivalent level of safety to the standard requirement that each wheel of the grader be equipped with service brakes.
On the basis of the petition and the findings of MSHA's investigation, Andalex Resources, Incorporated is granted a modification of the application of 30 CFR 75.1909(b)(6) to its Aberdeen and Pinnacle Mines.
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 Andalex Resources, Incorporated's Petition for Modification of the application of 30 CFR 75.1909(b)(6) in the Aberdeen and Pinnacle Mines is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. This Proposed Decision and Order is limited in application to the Babcock, Allatt, Model No. SGM, Serial No. 858, diesel motorgraders.
2. The maximum speed on the Model No. SMG, Serial No. 858, diesel motorgraders shall be limited to ten miles per hour (mph) by:
(a) permanently blocking out the gear(s) or any gear ratio(s) that provide higher speeds. The device shall limit the vehicle speed in both forward and reverse; and
(b) using transmission(s) and differential(s) geared in accordance with the equipment manufacturer which limits the maximum speed to 10 mph.
3. Prior to implementing the alternative method:
(a) the diesel grader shall be inspected by MSHA to determine compliance with the terms and conditions of the Proposed Decision and Order;
(b) grader operators shall be trained to recognize appropriate levels of speed for different road conditions and slopes;
(c) grader operators shall be trained to lower the moldboard (grader blade) to provide additional stopping capability in emergencies; and
(d) grader operators shall be trained to recognize the transmission gear blocking device and its proper application and requirements.
4. The grader shall comply with all other applicable requirements of the Federal Mine Safety and Health Act of 1977 and the applicable requirements of 30 CFR, Parts 75 and 77.
5. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner must submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These revisions must specify initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order.
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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health