Petition for Modification
In the matter of
Hobet Mining, Inc.
Beth Station No. 79 Preparation Plant
I.D. No. 46-05398
Docket No. M-2002-011-C
30 CFR 77.206(c)
PROPOSED DECISION AND ORDER
On February 14, 2002, a petition was filed seeking a modification of the application of 30 CFR 77.206(c) to Petitioner's Beth Station No. 79 Preparation Plant, located in Boone 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.
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
The alternative method proposed by the Petitioner will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 77.206(c).
On the basis of the petition and the findings of MSHA's investigation, Hobet Mining, Inc. is granted a modification of the application of 30 CFR 77.206(c) to its Beth Station No. 79 Preparation Plant.
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 Hobet Mining, Inc.'s Petition for Modification of the application of 30 CFR 77.206(c) to the Beth Station No. 79 Preparation Plant is hereby:
GRANTED, for the use of SAF-T-Climb or other equivalent fall prevention system at every permanently attached vertical ladder used at counterweight towers during maintenance work on the overland conveyor system, and conditioned upon compliance with the following terms and prerequisites:
1. When climbing the ladder, the miner shall be equipped with an OSHA-approved belt harness that is attached to the fall-prevention rail fastened at the center of the ladder.
2. Miners shall be equipped with an OSHA-approved ANSI Class III safety lanyard that shall be attached to the counterweight tower structure before climbing onto the counterweights to connect cable slings.
3. Should the miner experience a fall while using the SAF-T-Lanyard, that particular lanyard shall not be used again.
4. The SAF-T-Climb or equivalent fall prevention system must be maintained in a safe condition. When the removable fall prevention system accessories are not in use, they shall be stored at a location, such as the preparation plant office, to prevent weather deterioration.
5. 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 all miners performing working utilizing the SAF-T-Climb system and accessories.
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. Periodically, maintenance work is required that involves movement of the counterweights. This is to provide training to all workers involved in the hazards of performing maintenance work from a vertical ladder on a counterweight tower structure.
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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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.
_________________________________
John F. Langton
Acting Deputy Administrator
for Coal Mine Safety and Health