Petition for Modification
In the matter of
Windsor Coal Company
Windsor Mine
I.D. No. 46-01286
Docket No. M-2001-019-C
30 CFR 75.364(b)(2)
PROPOSED DECISION AND ORDER
On February 15, 2001, Windsor Coal Company filed a petition seeking a modification of the application of 30 CFR 75.364(b)(2)to the Windsor Mine located in Brook County, West Virginia. 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. The Petition proposes that a certified examiner conduct weekly evaluations of the air quality and quantity at three inlet and two outlet monitoring stations rather than traveling the 10,800 feet of the predominately two entry return aircourse in its entirety.
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
Application of 30 CFR 75.364(b)(2) to the subject mine will not result in a diminution of safety to the miners and the petitioner's proposed alternative method will not at all times provide a safe work environment to the miners.
MSHA's investigation determined that it is possible to travel the entire aircourse. Weekly examinations as required by the standard are currently performed at the mine. Although some weathering of the entries has occurred, during the investigation only two roof falls were encountered in the 10,800 foot aircourse. These roof falls were only four to five feet in height and were not tight, or obstructing air flow.
MSHA has issued four citations calling for additional roof support for the return aircourse. One citation identified a condition which had a significant and substantial (S&S) chance of causing a serious injury. At the time of the investigation, more than 80% of the hazards or items identified in the S&S citation had been corrected.
Weekly examinations at the evaluation points identified in the proposed alternative method will not provide miners the same degree of protection as the standard. Under the proposed alternative method stoppings creating the aircourse are not examined. Deterioration and eventual failure of a stopping could short circuit the air flow from any of the areas ventilated by the return aircourse. Short circuiting the air flow or reducing the quantity could result in build-ups of an oxygen deficiency or explosive mixtures of methane.
The alternative method proposes that the examiner need not travel the entire aircourse. By doing so, it seeks to avoid correcting hazards, created by gradual deterioration of the roof, which the investigation indicates were being eliminated safely by installation of supplemental roof supports. The measures described in the proposed alternative method are currently required by the existing standard. Further, the locations described in the alternative method which would be examined weekly are the same as those at which air quality and quantity measurements are required by 30 CFR 75.364(c)(2).
On the basis of the petition and the findings of MSHA's investigation, Windsor Coal Company is not granted a modification of the application of 30 CFR 75.364 to its Windsor 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 Windsor Coal Company's Petition for Modification of the application of 30 CFR 75.364 in the Windsor 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