In the matter of Petition for Modification
Coteau Properties Company
Freedom Mine
ID No. 32-00595 Docket No. M-2004-009-C
PROPOSED DECISIONAND ORDER
On March 5, 2004, Petitioner requesteda modification of the application of 30 CFR 77.803to its Freedom Mine locatedin Mercer County, North Dakota. The Petitioner alleges that the proposed alternative method will at all times providethe same measure of protection as the standard.
MSHA personnelconducted an investigation of the petitionand filed a report of their findings and recommendations with the Administrator for Coal Mine Safetyand Health. After a careful review of the entire record,including the petitionand 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 guaranteeno less than the same measureof protection affordedthe miners under30 CFR Part 77.803.
This modification does not replaceany 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 petitionand the findingsof MSHA's investigation, CoteauProperties Company is granted a modification of the application of 30 CFR 77.803 to its Freedom Mine.
ORDER
Wherefore, pursuantto 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 Safetyand Health Act of 1977, 30 U.S.C., sec. 811(c), it is orderedthat Coteau Properties Company’s Petition for Modification of the application of 30 CFR 77.803 in the FreedomMine is hereby:
GRANTED, for dragline boom or mast raising, lowering, assembling, disassembling or during major repairs which require raising or loweringthe dragline boom or mast by the on-board generators, and conditioned upon compliance with thefollowing terms and conditions:
1. Only persons criticalto performing these functions are permitted on board.
2. The area shall be roped off or guarded to prevent persons from contacting the frameor cable.
3. No other activityis permitted in close proximity.
4. A responsible personshall be on site at all times.
5. An MSHA qualified electrician shall examine all electrical components within two hours of raising/lowering the boom or mast while the draglineis de-energized. After the examination, the dragline shall beenergized to assureall electrical components are properly operating. When the examination is complete, the powersource shall be de-energized and locked/tagged out. A record of the examination shall be kept and made available for review by interested parties.
6. The ground fault and groundcheck circuits may be disabled while the boom or mast is being raised/lowered provided that the internalgrounding conductor(s) of thetrailing cable have/hasbeen tested and they are continuous from the frameof the dragline to the grounding resistor located at the substation. An acceptable test would be disconnecting the pilot check circuit at the draglineframe and verifyingthe circuit breaker supplying power to the dragline cannotbe closed.
7. The grounding resistorshall be testedto assure it is properly connected, and is not open or shorted out.
8. Normal short circuitprotection shall be provided at alltimes while the boom or mast is being raised/lowered. The over-current relaysetting can be increased up to 100% above its normal setting.
9. During boom or mast raising/lowering procedures a MSHA qualified electrician(s) shall be positioned at the substation and the qualified electrician shall be dedicated to monitor the grounding circuitand resistor. The qualified personshall be able to detect agrounded phase condition, or an open grounding conductor, without being exposed to shock hazards. The person(s) at the substation shall, at all times, maintain communications with a responsible person at the dragline. If a grounded phase condition, or an open ground wire, should occur during the raising/lowering of the boom or mast, the personat the substation will immediately notifythe responsible person at the dragline. All persons on boardthe machine shall be made aware of the defective condition and shall remain on board the machine. The boom or mast shall be controlled, and the electrical circuit supplying the dragline shall be de-energized, locked, tagged out and grounded. The power circuit supplying power to the draglineshall remain de-energized until the defective conditionis corrected. To insurethat no other defective condition has occurredthe ground fault and ground monitorcircuits shall be re-installed and the electrical circuit re-energized and tested to determine they are operatingproperly. Once the circuits have been testedand no adverse conditions are present, the boom or mast raising/lowering procedures, as outlined above,may resume.
10. During the boom or mast raising/lowering procedure, persons shall get on/offthe dragline while the ground check and ground fault circuits are disabled, unless the circuit supplying power to the dragline is deenergized, locked and taggedout, as verified by the qualified person at the substation.
11. After the boom or mast raising/lowering is completed, the responsible person at the dragline will notify the qualified person(s) at the substation. The qualified person(s) will de-energize the power supplyingthe dragline and restorethe ground fault and ground monitor circuit protective relaysto their normal settings. The protective relaysshall be examinedand the protective circuitstested as requiredby 30 CFR 77.800-1, prior to re-energizing the dragline power circuit for normal operation.
12. The operator must comply with all other 30 CFR requirements during the raisingor lowering of the boom ormast.
13. A written procedure incorporating all the terms and conditions of this modification shall be developed and implemented and all persons involvedin raising or lowering the boom or mast shallbe familiar with the written procedure.
14. Within 60 days of the PDO being granted, the Petitioner shall submit proposed revisions for its approved30 CFR 48 trainingplan to the MSHA's DistrictManager. These proposed revisions shall include initialand refresher training regarding compliance with the PDO.
Any partyto this actiondesiring a hearingon this mattershall file in accordance with 30 CFR 44.14, within30 days. The request for hearing shall be filed with the Administrator for CoalMine 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 desiredto be raised by the party requesting the hearing, includingspecific objections to the proposed decision. A partyother than Petitioner who has requesteda hearing shall also commentupon all issues of fact or law presentedin the petition, and any party to thisaction requesting a hearing may indicate a desired hearing site. If no request for a hearingis filed within 30 days after service thereof, the Decision and Order will become final and shall be posted by the operator on the mine bulletin board at the mine.
John F. Langton
Deputy Administrator
Coal Mine Safety and Health