In the matterof: Petition for Modification
Abate Irwin, Inc. (Contractor)
Contractor I.D. No. THY
Consol Pennsylvania Coal Company (Mine Operator)
Bailey Mine
Mine I.D. No. 36-07230 Docket No. M-2004-006-C
PROPOSED DECISIONAND ORDER
On January 12, 2004, a petitionwas filed by Abate Irwin,Inc. (Contractor), seekinga modification of the application of 30 CFR 77.1710(g) at the Consol Pennsylvania Coal Company’sBailey Mine Preparation Plant located in Green County,Pennsylvania. The petitioner proposes an alternative method that will at all times guaranteeno less than the same measure of protection afforded by the standard.
MSHA personnel conducted an investigation of the petitionand filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a carefulreview of the entirerecord, includingthe petition and MSHA’s investigative reports and recommendations, this Proposed Decisionand Order is issued.
Finding of Fact and Conclusion of Law
Section 30 CFR 77.1710(g) provides that each employeeworking in a surfacecoal mine or in the surfacework areas of an underground coal mine shall be required to wear safety belts and lines wherethere is dangerof falling.
Petitioner proposesan alternative method in lieu of tying-off duringthe steel erection process.Petitioner proposes to comply with all of the requirements of 29 CFR 1926, SubpartR, during the steel erectionprocess.
The investigation revealed that the alternative method proposedby 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 77.1710(g). Petitioner will comply with all the requirements of 20 CFR 1926, SubpartR during the steel erectionprocess, including the training requirements. In addition, the petitioner will use journeymen ironworkers who have specialized training and experience in steel erectionprocedures.
On the basis of the petitionand the findingsof MSHA’s investigation, Abate Irwin, Inc., is granted a modification of the application of 30 CFR 77.1710(g) to Consol Pennsylvania Coal Company’s Bailey Mine Preparation Plant.
ORDER
Wherefore, pursuantto the authority delegated by the Secretaryof Labor to the Administrator for Coal Mine Safetyand Health, and pursuant to Section 101(c)of the Federal Mine Safetyand Health Act of 1977,30 U.S.C., Sec. 811(c), it is orderedthat Abate Irwin, Inc.’sPetition for Modification of the application of 30 CFR 77.1710(g) in the ConsolPennsylvania Coal Company’s Bailey Mine Preparation Plant is hereby:
GRANTED, condition upon compliance with the following terms and conditions:
1. The proposed Decisionand Order is limitedin application to the steel erection processat the Bailey Mine Preparation Plant only.
2. All steel erectionactivities shall be conductedin compliance with all requirements of 29 CFR 1926, SubpartR.
3. Only Connectors, Riggers,and List Men who are journeymen members of the International Association of Bridge, Structural, and Ornamental Ironworkers Union shall be used for the steelerection process.
4. Within 60 days after this ProposedDecision and Orderbecomes final,the petitioner (AbateIrwin, Inc.) shall submitproposed revisions for its approved30 CFR Part 48 trainingplan to the District Manager.These proposed revisions shall specifyinitial and refreshertraining regarding compliance with the conditions specified by the Proposed Decisionand Order.
Any party to this actiondesiring a hearingon this matter must file in accordance with 30 CFR 44.14,within 30 days. The requestfor hearing must be filed with the Administrator for Coal Mine Safetyand Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
If a hearing is requested, the requestmust contain a concisesummary of position on the issuesof fact or law desiredto be raised by the party requesting the hearing, including specific objections to the proposeddecision. A partyother than Petitioner who has requested a hearing must also comment upon all issues of fact or law presentedin the petition, and any party to this action requesting a hearing may indicatea desired hearingsite.
If no request for a hearingis filed within30 days after servicethereof, the Decisionand Order will become final and must be postedby the operator on the mine bulletinboard at the mine.
John F. Langton
Deputy Administrator
for Coal Mine Safety and Health