July 8, 2004
In The Matter of PETITION FOR MODIFICATION
Cotter Corporation
C-JD-9 Mine
Mine I.D. No. 05-03066 Docket No. M-2004-001-M
Background
On January 20, 2004, Cotter Corporation fileda petition for modification of 30 CFR §57.14130(a)(4), roll-over protective structures (ROPS) and seat belts for surface equipment, to petitioner's C-JD-9 Mine, (I.D. No. 05-03066), located in MontroseCounty, Colorado. The mine is an underground uranium operation using the modifiedroom and pillar method to recoverthe ore.
The relevant standard30 CFR §57.14130, Roll-over protective structures (ROPS) and seat belts, (for surfaceequipment) provides:
(a) Equipment included. Roll-over protective structures (ROPS) and seat belts shall be installedon------
(4) The tractor portion of semi-mounted scrapers,dumpers, water wagons, bottom-dump wagons,rear-dump wagons, and towed fifth wheelattachments;
The Petitioner uses rubber tired dieselElmac Model D5 and GetmanModel 644 five ton haulagetrucks to haul the ore from underground to the surfacearea of the underground mine. The petitioner requeststhat the underground haulage trucks be allowedlimited operation on the surface withoutrollover protective structures and seat belts.
To supportthe request the Petitioner states that the haulage trucks normally travel a distance of 100 to 150 feet from the portal to dump the ore nearthe stockpile area and the haulage trucks while on the surface are not operatedon the elevated stockpile or other elevatedroadways. On occasion the haulagetrucks travel less than 200 feet from the portal to the maintenance shop for maintenance/repairs. Further, there is limited equipment activity where the haul trucks travel and any potential for a roll over resultingfrom a collision would be eliminated.
The petitioner alleges that the proposed alternative methodof operating the haul trucks on flat surfaceswhere equipment activityis limited instead of installing ROPS and seat belts on the haulage trucks would provide protection equal to the standard. The petitioner also stated that requiring the use of ROPS on the haulagetrucks would result in a diminution of safety to the miners. To support the diminution of safety premise,the haulage trucksare operated in tight quartersand ROPS would have to be installed high enough to allow for operator head room.
On March 16, 2004, MSHA investigators conducted an investigation relevant to the meritsof the petition and filed a report of their findings and recommendations with the Administrator for Metal and Nonmetal Mine Safety and Health. After a carefulreview of the entire record, including the petition and MSHA's investigative report and recommendations, this ProposedDecision and Order is issued.
Findings of Fact and Conclusion of Law
30 CFR §57.14130(a)(4) requires that ROPS and seat belts be installed on specific mobileequipment. The petitioner asserts that the ROPS and seat belts arenot necessary sincethe haulage units do not travel on the elevatedstockpile, the elevated roadways, and uneven surfaces. There is limitedequipment activity wherethe haulage units travel on the surface. Additionally, petitioner also statedthat requiring the useof ROPS on the haulage trucks would result in a diminution of safety to the miners.
However, MSHA believes that the petitioner’s miningequipment is exposedto varying terrainsand the equipment may be susceptible to a roll-overin level or near level areas under certain conditions depending on the distribution of the load on the equipment. MSHA’s investigation determined that the Elmac ModelD5 haulage truck was originally provided by the equipmentmanufacturer with a ROPS,which was removedby the petitioner.
The engineered protections provided by seat belts and roll-over protective structures are designed to provideminers a level of safety to prevent injuries or fatal accidents. The petitioner has not demonstrated that the requested modification would provideequal or greaterprotection for the minersas compliance with the standard. Further, the petitioner has not shown that the installation of ROPS would be a diminution of safety to the miners.
It is MSHA’s position that mobileequipment used at surface areas of underground mines is surfaceequipment. MSHA promulgated this standardto address a number of serious hazardsthat can occur when miners operatea piece of mobile equipmenton the surface. Althoughequipment comes from the underground mining area, it is still required to operateon the surface and must meet all applicable standards when used on surface areas of a mine.
The Secretary’s interpretation of the standardrequires ROPS and seat belts to be installed on all equipmentlisted in the standardeven if the equipment is used intermittently or for short periods of time on the surface area of an underground mine.The petitioners equipmentis listed in subsection (a) (3) of the cited standardas requiring ROPS and a seat belt when operating on the surface of an underground mine. It is immaterial whether the amountof time the equipment is used on the surfaceis brief in comparison to the amountof time the equipment is used underground.
The alternative method proposedby the petitioner would not at all times guarantee no less than the same measureof protection afforded under the standard.
Order
Wherefore, pursuant to the authority delegated by the Secretaryof Labor to the Administrator, and pursuant to Section101(c) of the FederalMine Safety and Health Act of 1977, 30 U.S.C.,Section 811(c), it is hereby ordered that a modification of the application of 30 CFR §57.14130(a)(4) to Cotter Corporation, as it applies to the alternative method of only operating the haul trucks non elevated roadwaysand even surfacesinstead of installing ROPS and seat belts on the haulagetrucks for the C-JD-9 Mine is herebyDENIED.
/s/ for Felix Quintana
Robert M. Friend Administrator for
Metal and Nonmetal Mine Safetyand Health