Petition for Modification
In the matter of
Highland Mining Company
Highland # 11 Mine
I.D. No. 15-18480
Docket No. M-2002-100-C
30 CFR 75.503 (18.41(f)
PROPOSED DECISION AND ORDER
On November 7, 2002 a petition was filed seeking a modification of the application of 30 CFR 75.503 (18.41(f) of Part 18) to Petitioner's Highland # 11 Mine located in Union County, Kentucky. The Petitioner alleges 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 use of a padlock is provided for by 30 CFR 18.41(f) which allows a padlock to be used instead of an interlock provided that the plug is held in place by a threaded ring or equivalent mechanical fastening device in addition to the padlock. The padlock with this fastening configuration maintains mobile battery-powered machines and accessories in permissible condition as specified in 30 CFR 75.503.
The granting of this modification permits the use of a spring-loaded device with specific fastening characteristics in lieu of a padlock with its fastening configuration to secure plugs and electrical type connectors to batteries and to the permissible mobile powered equipment the batteries serve. As an acceptable alternative to the padlock configuration, the round eye bolt snap spring-loaded device configuration will prevent accidental separation of the battery plugs from their receptacles during normal operation of the battery equipment.
The allowance of a round eye bolt snap device in lieu of a padlock configuration in this 30 CFR 75.503 modification, does not waive the controlling accessibility in the lockout and tag requirements of 30 CFR 75.511.
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 75.503.
On the basis of the petition and the findings of MSHA'sinvestigation, Highland Mining Company is granted modification of the application of 30 CFR 75.503 to its Highland # 11 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 the Highland Mining Company's Petition for Modification of the application of 30 CFR 75.503 in its Highland # 11 Mine is hereby:
GRANTED, for the use of permanently installed spring-loaded locking devices in lieu of padlocks
on battery plug and receptacle-type connectors for mobile battery-powered equipment,
conditioned upon compliance with the following terms and conditions:
1. Spring-loaded locking devices shall be installed and maintained to prevent the threaded rings securing the battery plugs to the battery receptacles from unintentional loosening.
2. Locking device brackets shall be securely attached to the battery receptacles to prevent loss of the brackets.
3. All battery plug connectors on battery-powered equipment using this alternative means of compliance shall be provided with a warning tag that states: "DO NOT DISENGAGE PLUGS UNDER LOAD."
4. The Petitioner's alternative method shall not be implemented until all personnel who operate and maintain battery-powered mobile equipment have received training in the proper use of alternative locking devices, hazards associated with breaking battery connections under load, and hazards associated with breaking cable couplers in areas where equipment is required to be permissible.
5. 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 specify initial and refresher training regarding the terms and conditions stated in 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