Petition for Modification
In the matter of
KenAmerican Resources, Inc.
Brier Creek Mine
I.D. No. 15-18495
Docket No. M-2002-085-C
30 CFR 75.380(g)
PROPOSED DECISION AND ORDER
On September 30, 2002, a petition was filed seeking a modification of the application of 30 CFR 75.380(g) to Petitioners Brier Creek Mine, located in Central City, Muhlenberg County, Kentucky. The Petitioner alleges the alternate method outlined 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
An investigation of the petition was conducted and a report of the investigation was prepared on December 10, 2002. The length of the slope to the #9 coal seam will be approximately 1013 feet when completed and will have a conveyor belt installed in it. The split air shaft will be located approximately 105 linear feet from the bottom of the slope. During initial development of the slope, a push-pull type ventilation system will be used. Air will be directed through steel ventilation tube/curtain to the end of the slope and through a developed entry to the face. Steel ventilation tubing will be used to return air up the slope. Until an entry can be developed to the air shaft, the slope will be the only access to the surface for the miners. The only mining done during the initial development phase must be to intersect the split air shaft. The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.380(g).
On the basis of the petition and the findings of MSHA's investigation, KenAmerican Resources, Inc. is granted a modification of the application of 30 CFR 75.380(g) to its Brier 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 KenAmerican Resources Inc.'s Petition for Modification of the application of 30 CFR 75.380(g) in the Brier Creek Mine is hereby:
GRANTED, for the slope, during initial development, until development can progress to the airshaft and make connection, conditioned upon compliance with the following terms and conditions:
1. A carbon monoxide system must be used to monitor the air ventilating the slope conveyor belt.
a) A carbon monoxide sensor must be installed in the slope at a location that will enable the air ventilating the conveyor belt to be monitored.
b) The details for the carbon monoxide system, including, but not limited to, type of monitor, signal level(s), sensor location, and signaling device locations must be specified in the operator's approved ventilation plan.
c) The mine evacuation plan required by 30 CFR 75.1502 must be revised to specify the action to be taken for the signal level(s).
2. Point-type heat sensors must be installed, and maintained, along the entire length of the slope belt so that the maximum distance between the sensors does not exceed 50 feet.
3. A life line must be provided and maintained from the surface to the bottom of the slope and reflective material attached at 25 foot intervals.
4. All SCSRs not worn or carried by a person must be inspected according to 30 CFR 75.1714-3(b) each day that work is performed in the slope during the initial development phase. SCSRs worn or carried by a person must be inspected according to 30 CFR 75.1714-3(b). The SCSR inspections must be recorded in a book on the surface.
5. A 2-inch water line must be installed and maintained to the slope belt conveyor tailpiece along with a sufficient amount of fire hose to reach the farthest point of penetration. The water line must have fire hose outlets capable of delivering 100 gallons per minute at 80 PSI placed at intervals not exceeding 100 feet.
6. The slope conveyor belt must be examined by a certified examiner at the beginning of each production shift and again during each production shift at intervals not to exceed 4 hours. Such examinations must be recorded in a book on the surface and any hazardous conditions corrected.
7. The slope belt must be equipped with a Apull cord@, along the entire length of the belt, capable of de-energizing the belt.
8. Prior to implementing this alternate method, all persons who work in the mine during the initial development phase must be instructed in the revised provisions of 30 CFR 75.1501, 75.1502, and the other provisions of this PDO.
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