Petition for Modification
In the matter of
Dakota Westmoreland Corporation
Beulah Mine
ID No. 32-00043
Docket No. M-2003-005-C
30 CFR 77.405(b)
PROPOSED DECISION AND ORDER
On January 16, 2003, a petition was filed seeking a modification of the application of 30 CFR 77.405(b) to Petitioner's Beulah Mine located in Mercer County, North Dakota. On March 7, 2003, Petitioner amended the petition to request modification of 30 CFR 77.803 rather than 30 CFR 77.405(b). The Petitioner alleges that the proposed alternative method will at all times provide the same measure of protection as 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 (PDO) is issued.
Finding of Fact and Conclusion of Law
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 Part 77.803.
The modification does not replace any other mechanical precautions or the requirements of 30 CFR 77.405(b) that are necessary to safely secure booms/masts during construction or maintenance procedures.
On the basis of the petition and the findings of MSHA's investigation, Dakota Westmoreland Corporation is granted a modification of the application of 30 CFR 77.803 to its Beulah 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 Dakota Westmoreland Corporation's Petition for Modification of the application of 30 CFR 77.803 in the Beulah Mine is hereby:
GRANTED, only during dragline boom or mast raising or lowering, assembly or disassembly, and major repairs which require the boom or mast to be raised or lowered by the on-board generators, and conditioned upon compliance with the following terms and conditions:
1. The mine operator shall develop a written procedure that incorporates the terms and conditions contained in this petition.
2. The mine operator's written safety procedures shall be approved by MSHA before implementing the procedures.
3. The written procedure shall limit the number of persons on board the machine during boom or mast raising or lowering. Only those persons critical to performing the necessary functions are permitted on board the machine.
4. The written procedure shall specify the methods to be used to prevent off-board persons from contacting the frame or cable of the dragline. The area around the dragline shall be roped off or guarded.
5. The written procedure shall prohibit other work activities in close proximity to the dragline while the boom or mast is being raised or lowered.
6. The written procedure shall specify the person(s) responsible at the work site for all work procedure requirements. The responsible person(s) at the work site shall have communication at all times with the qualified person(s) at the substation that supplies power to the machine. The responsible person(s) must remain at the work site while the boom or mast is being raised or lowered.
7. The written safety procedures shall be maintained at the mine and all persons involved with the boom or mast raising or lowering shall review the mine operator's written safety procedures and terms and conditions listed in the petition before the boom or mast is raised or lowered.
8. An MSHA qualified electrician shall complete an examination of all electrical components that will be energized during the boom or mast raising or lowering. The examination shall be performed less than two hours before the boom or mast is raised or lowered. A record of the examination shall be made and the record shall be made available for review by interested parties. The dragline must be de-energized during this examination.
9. After the examination of all electrical components is complete, they shall be energized to assure they are operating properly as determined by an MSHA qualified electrician. When completed, the power supply source for the dragline must be de-energized and locked/tagged out.
10. The ground fault and ground check circuits may only be disabled while the boom or mast is being raised or lowered provided:
The internal grounding conductor(s) of the trailing cable have been tested and they are continuous from the frame of the dragline to the grounding resistor located at the substation. An acceptable test would be disconnecting the pilot check circuit at the dragline frame and verifying the circuit breaker supplying power to the dragline cannot be closed.
11. The grounding resistor shall be tested to assure it is properly connected, and is not open or shorted out.
12. Normal short circuit protection shall be provided at all times while the boom or mast is being raised or lowered. The over-current relay setting can be increased up to 100% above its normal setting.
13. During boom or mast raising or lowering procedures an MSHA qualified electrician(s) shall be positioned at the substation and the qualified electrician shall be dedicated to monitor the grounding circuit and resistor. The qualified person must be able to detect a grounded phase condition, or an open grounding conductor, without being exposed to shock hazards. The person(s) at the substation must, at all times, maintain communications with a responsible person at the dragline. Work procedures must cease should the communication system fail. If a grounded phase condition, or an open ground wire, should occur during the raising or lowering of the boom or mast, the person at the substation will immediately notify the responsible person at the dragline. All persons on board the machine must be made aware of the defective condition and must remain on board the machine. The boom or mast must be controlled, and the electrical circuit supplying the dragline must be de-energized, locked, tagged out and grounded. The power circuit supplying power to the dragline must remain de-energized until the defective condition is corrected. To insure that no other defective condition has occurred, the ground fault and ground monitor circuits must be re-installed and the electrical circuit re-energized and tested to determine they are operating properly. Once the circuits have been tested and no adverse conditions are present, the boom or mast raising or lowering procedures, as outline above, can resume.
14. During the boom or mast raising or lowering procedure, persons are not permitted to get on/off the dragline while the ground check and ground fault circuits are disabled, unless the circuit supplying power to the dragline is de-energized, locked and tagged out, as verified by the qualified person at the substation.
15. After the boom or mast raising or lowering is completed, the responsible person at the dragline shall notify the qualified person(s) at the substation. The qualified person(s) shall de-energize the power supplying the dragline and restore the ground fault and ground monitor circuit protective relays to their normal settings. The protective relays shall be examined and the protective circuits tested as required by 30 CFR 77.800-1, prior to re-energizing the dragline power circuit for normal operation.
16. During the boom or mast raising or lowering all 30 CFR requirements, except as modified by this petition, must be complied with.
17. Within 60 days of the PDO being granted, the Petitioner shall submit proposed revisions for its approved 30 CFR 48 training plan to the MSHA's District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the 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