Petition for Modification
In the matter of
Consolidation Coal Company
Blacksville No. 2 Mine
I.D. No. 46-01968
Docket No. M-2002-045-C
30 CFR 75.364(b)(2)
PROPOSED DECISION AND ORDER
On May 22, 2002, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2) to Petitioner's Blacksville No. 2 Mine, located in Monongalia 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 petitioner alleges that: a) to require the weekly examinations of approximately 2,000 feet of the multiple common entries that are the return aircourse approaching the Wana Ventilation Shaft exposes examiners to the hazards of roof and rib fall from deteriorated roof and rib conditions, b) restoration of the area would require extensive man hours under extremely hazardous conditions, and c) an evaluation of the aircourse at six monitoring stations (three monitoring stations where air enters and three where air leaves) using air quality and quantity measurements taken by a certified person will provide the same measure of protection as traveling the aircourse segment.
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 result in a diminution of safety to the miners and the special terms and conditions set out below will provide a safe work environment for the miners.
MSHA's petition investigation confirmed that the petitioned aircourse has experienced severe deterioration and roof falls which have rendered the aircourse inaccessible for examination and unsafe for travel by mine examiners. MSHA also confirmed that the petitioned aircourse has no sealed areas within or along its boundaries, that the 14 stopping separating the five or more common return entries from an adjacent track haulage track entry are in good condition and visually examined at least weekly, that the airflow within the petitioned area is not used to ventilate any working place, that the absence of water and the multiple common entries eliminates the risk of blockage of the aircourse and that the area has no history of methane or oxygen deficiency being detected.
On the basis of the petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.364(b)(2) to its Blacksville No. 2 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 Consolidation Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(2) in the Blacksville No. 2 Mine is hereby:
GRANTED, for the unsafe-to-travel segment (approximately 2,000 feet) of the multiple common return entries from 2 West Panel approaching Wana Air Shaft, conditioned upon compliance with the following terms and conditions:
1 Six monitoring stations which allow effective evaluation of the air entering and leaving the unsafe-to-travel segment of the return aircourse shall be established at the following locations:
(a) Monitoring station / Checkpoint B-1, located inby the mouth of 2 West Panel, in No. 2 entry, 450 feet inby spad number 692, to monitor air entering the unsafe-to-travel segment.
(b) Monitoring station / Checkpoint B-2, located inby the mouth of 2 West Panel, in No. 1 entry, 50 feet inby spad number 676, to monitor air entering the unsafe-to-travel segment.
(c) Monitoring station / Checkpoint B-3, L2, located inby the mouth of 2 West Panel, in No. 1 entry, 30 feet inby spad number 715, to monitor air entering the unsafe-to-travel segment.
(d) Monitoring station / Checkpoint B-4, located near Wana Air Shaft in No. 1 entry, 50 feet outby spad number 80, to monitor air leaving the unsafe-to- travel segment.
(e) Monitoring station / Checkpoint B-5, located near Wana Air Shaft in No. 2 entry, 50 feet outby spad number 83, to monitor air leaving the unsafe-to- travel segment.
(f) Monitoring station / Checkpoint B-6, located near Wana Air Shaft in the crosscut between No. 2 and No. 3, 50 feet from spad number 83 (measured in the crosscut between No. 2 toward No. 3 entry), to monitor air leaving the unsafe-to-travel segment.
2. Weekly evaluations shall be conducted by a certified person at each of the monitoring stations. The evaluation shall include measurement of the quality and quantity of air entering or leaving the monitoring station. Air quality measurements shall determine the methane and oxygen concentrations using an MSHA approved hand-held device. Air quantity measurements shall be made using an appropriately calibrated anemometer.
3. The weekly examination of 14 stopping along the adjacent tract entry creating the petition aircourse shall be conducted and their condition evaluated and recorded as a part of the evaluation of the petitioned aircourse.
4. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travelable entry.
5. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits. An increase of 0.5 percent methane above the last previous reading or a 10 percent change in the air flow quantity at any monitoring station shall cause an immediate investigation of the affected area.
Any significant difference in the quantities and qualities of air flows, or the air flow directions, shall cause immediate investigation.
6. A diagram and/or enlarged map showing the normal direction of the air flow shall be posted at each monitoring station. The diagram shall be maintained in legible condition and any change in air flow direction shall be reported to the mine foreman for immediate investigation. Laminated copies of the mine map identifying the checkpoints and normal direction of airflow may be used for this purpose.
7. The date, initials of the examiner, time and the measured quantity and quality of air shall be recorded in a book, or on a date board, that shall be provided at the monitoring stations. Such results shall be recorded in a book kept on the surface and made available to all interested parties.
8. All monitoring stations and approaches to monitoring stations shall, at all times, be maintained in safe condition. The roof shall be adequately supported by roof bolts or other suitable means to prevent deterioration of the roof in the vicinity of the stations.
9. The monitoring station locations and representative air quantity and quality measurements for each monitoring station location shall be shown on the annually submitted mine ventilation map (30 CFR 75.372). Station locations shall not be eliminated or moved without prior approval by the District Manager as a part of the Ventilation Plan for the mine.
10. Prior to implementing this Proposed Decision and Order, all personnel shall be instructed that no travel into the petitioned aircourse segment shall be permitted and all other approaches shall be fenced off or barricaded with "DO NOT ENTER" warning signs. Entry into the area shall be permitted only to investigate and correct significant problems with air flow detected through the monitoring process. All such work shall be done under the supervision of an authorized person. All persons who work in the area shall be instructed in the emergency evacuation procedures and all provision of 30 CFR 75.1501 (formerly 75.1101-23).
11. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall include initial and refresher training regarding compliance with 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, 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