Petition for Modification
In the matter of
San Juan Coal Company
San Juan South
I.D. No. 29-02170
San Juan Deep
I.D. No. 29-02201
Docket No. M-2001-074-C
30 CFR 75.1726(a)
PROPOSED DECISION AND ORDER
On June 27, 2001, San Juan Coal Company (San Juan) filed a petition seeking a modification of the application of 30 CFR 75.1726(a) to the San Juan South and San Juan Deep mines located in San Juan County, New Mexico. The San Juan South and San Juan Deep mines, ID Nos. 29-02170 and 29-02201 respectively, will eventually connect underground and use only the San Juan South ID number 29-02170. On October 19, 2001 San Juan filed an Application for Temporary Relief. On November 13, 2001, San Juan amended the petition. The Petitioner alleges that the alternative method outlined in the petition and its amendment will at all times guarantees no less than the same measure of protection afforded by the standard.
MSHA personnel conducted an investigation of the petition and its amendment 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 amendment, MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
Findings of Fact and Conclusion of Law
The alternative method proposed by the petitioner will at all time guarantees no less than the same measure of protection afforded the miners under 30 CFR 75.1726(a).
On the basis of the June 27, 2001 petition, the October 19, 2001 Application for Temporary Relief, the November 13, 2001 amendment, and the findings of MSHA's investigation report, San Juan Coal Company, is granted a modification of the application of 30 CFR 75.1726(a) to its San Juan South and San Juan Deep 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 San Juan Coal Company's Petition for Modification of the application of 30 CFR 77.1726(a) for the Petitioner's San Juan South and San Juan Deep mines is hereby:
GRANTED, for the modification of 30 CFR 75.1726(a) with the following terms and conditions:
1. The specially designed man-basket must be securely attached to the machine forks of the Wagner ST 3.5S diesel scoop.
2. A professional engineer must certify the maximum load the man-basket will safely support. An identification tag stating this maximum load must be attached to the man-basket in a clearly visible location. A copy of the professional engineer's report must be made available to authorized representatives of the Secretary.
3. The man-basket must have rails which protect miners from falling hazards.
4. The man-basket must have overhead protection which protects miners from crushing hazards.
5. The man-basket must have a secure chain or gate for ingress and egress.
6. The man-basket floor must have a non-skid surface or grating to protect miners from slipping and falling hazards.
7. The man-basket must have reflective material or an equivalent paint or material on the exterior front and sides so that it can be seen and readily identified as a man-basket when in use.
8. The scoop must be equipped with internal, hydraulic, automatic load locking valves on the lift and tilt cylinders which prevent descent of the man-basket if hydraulic pressure is lost.
9. The operator's control levers must be locked or guarded to prevent accidental movement of the levers when miners are in the man-basket.
10. Miners must be securely tied off with a harness restraint system at all times in which the man-basket is elevated more than 30 inches.
11. The scoop must not travel more than ten feet between stops when miners are in the man basket.
12. No mobile equipment is permitted to operate in the immediate area when the scoop and man-basket is operating.
13. The speed of the scoop must not exceed 5 mph and it must remain in the lowest gear when miners are in the mine-basket.
14. When the scoop moves from work station to work station, the man-basket must remain at the lowest height possible.
15. The control lever locking pin or guard must be in place at any time miners are transported in the man-basket.
16. No miner is to be transported in the man basket unless they are performing the tasks specified in Part 48 training plan approved by the District Manager.
17. A field modification for an emergency stop switch, to be installed in the man-basket, must be obtained if the man-basket is to be elevated more than 30 inches while transporting miners.
18. When the scoop reaches the work place, the scoop operator must place the scoop transmission in neutral, and engage the parking brake and the control lever for the locking pin/guard. Once the man-basket is positioned at the desired height, the lever locking pin/guard must be reinstalled. An operator must be in the scoop cab if a miner is in the man-basket.
19. Prior to using the man basket on each shift, the diesel scoop operator must visually examine the man-basket for structural integrity and the scoop as required by standard 75.1914(e). A functional test must be performed to ensure that the load locking valves are operating properly. This test consists of elevating the man-basket to its highest point, shutting off the scoop's diesel engine, and attempting to lower the man-basket. No miners are to be in the man-basket during this examination and test. Any equipment defects must be repaired before the man-basket or scoop can be used.
20. No more than two miners can be in the man-basket at the same time.
21. The mine operator must submit in writing as part of the Part 48 training plan approved by the District Manager the specific job tasks to be performed by miners in the man-basket.
22. Radio or hand communication signals must be established between the scoop operator and miners in the man-basket. Signals must be clearly understood by all miners performing the work. These signals must be included in the approved Part 48 training plan. All workers must receive training and understand the signals. All radio communication must be heard above the noise of the diesel engine and understood by the miners in the man-basket. Radio equipment must be permissible or intrinsically safe for use inby the last open cross cut or in the return.
23. The mine operator must develop a "Job Safety Analysis" (JSA) for each of the task listed in item 10. The JSA must be made part of the Part 48 training plan. Miners performing the tasks must thoroughly understand and follow the procedures.
24. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions must specify the following:
a. Specific hands on task training procedures, for scoop operators and miners performing working from the man-basket.
b. The terms and conditions of this Proposed Decision and Order must be included in inexperienced miners training, newly employed experienced miners training and annual refresher training. This is to provide training to all workers involved in the hazards of performing work from a raised position.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as 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 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