Petition for Modification
In the matter of
Sea "B" Mining Company
Silver Creek Mine
I.D. No. 44-06895
Docket No. M-2000-086-C
30 CFR 75.1712-2
PROPOSED DECISION AND ORDER
On May 8, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.1712-2 to Sea "B' Mining Company's Silver Creek Mine, located in Tazwell County, Virginia. The petition was submitted on behalf of the miners at Silver Creek Mine by the United Mine Workers of America acting as the miners' representative.
The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed in the petition 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, comments and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
Section 75.1712-2 provides that where bathhouses, change rooms and sanitary facilities, collectively referred to as a surface facility, are designed to serve more than one mine, they must be centrally located so they are convenient for the use of miners in all the mines served by the facilities. Petitioner alleges that currently miners must use their own vehicles to travel to a centrally located bathhouse which serves several surface mine operations and the Silver Creek underground coal mine.
This petition contends that application of 30 CFR 75.1712-2 at the Silver Creek Mine will result in a diminution of safety to the miners. Petitioner alleges that miners exiting the mine are covered with mud, coal dust, oil, grease and other contaminants so that their commute in their own cars to the centrally located bathing facility is a distinct safety hazard. It asserts that driving a vehicle when the driver is covered with coal dust, oil, grease and/or other contaminants is less safe than driving when clean, thus increasing the likelihood of an automobile accident.
75.1712-2 specifically permits more than one mine to share a surface facility. Under the standard, the facility must be centrally located so it is convenient to all miners. The facility involved here currently serves the Silver Creek Mine and the Seaboard Dock. The bathhouse facility is located 1 1/2 miles north of the Silver Creek Mine and personnel employed at the Seaboard Dock and by Seaboard Electric and Construction, work out of the shop facility at the same location as that of the bathhouse.
MSHA's investigation of the petition found that the surface facility which serves the Silver Creek Mine is centrally located and convenient for use by the Silver Creek miners. Despite petitioner's assertions to the contrary, miners do not have to drive to the central surface facility with dirty clothes, muddy boots and grease and oil on their hands. A change room is provided at the Silver Creek site where each miner has a two compartment locker. There, miners can remove dirty mine clothing and boots and dress in clean clothing. In addition a water outlet, hose and steel grate are provided on the walkway to the change room for the cleaning of mine boots. Finally, the Silver Creek Mine provides one gallon dispensers of hand cleaner and wipe cloths in the change room and at two other surface locations which are available for use by the miners so they can leave the mine site with clean hands. Therefore, since the miners have opportunity and means at the Silver Creek site to remove dirty boots and clothing and clean their hands, application of 30 CFR 75.1712-2 to the subject mine will not result in a diminution of safety to the miners.
On the basis of the petition and the findings of MSHA's investigation, the United Mine Workers of America, acting as the representative of miners for the Silver Creek Mine, is not granted a modification of the application of 30 CFR 75.1712-2 to the Silver Creek Mine.
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 the United Mine Worker's Petition for Modification of the application of 30 CFR 75.1712-2 at the Silver Creek 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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health