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Petition - Docket No. 2004-026-C

In the matter of    Petition for Modification

Ohio County Coal Company Big Run Underground Mine

I.D. No.15-18552 Docket No. M-2004-026-C

PROPOSED DECISION AND ORDER

On June 29, 2004, a petitionwas filed seekingmodification of the application of 30 CFR 75.1103-4(a) to Petitioner's Big Run Underground Mine, locatednear Ohio County,Kentucky. The Petitioner alleges that the alternative method outlined in the petition will at all timesguarantee no less than the same measure of protection afforded by 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 recommendations, this Proposed Decision and Order 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 under 30CFR 75.1103-4(a).

 

On the basis of the petitionand the findingsof MSHA's investigation, Ohio County Coal Company is granted a modification of the application of 30 CFR 75.1103-4(a) to its Big Run Underground 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 Ohio County Coal Company’s Petitionfor Modification of the application of 30 CFR 75.1103-4(a) in the Big Run Underground Mine is hereby:

 

GRANTED, for the use of a carbon monoxide monitoring system that identifies the location of sensors in lieu of identifying belt flights, conditioned upon compliance with thefollowing terms and conditions:

 

1.     An early-warning fire detection system(carbon monoxide monitoring system)shall be installed as follows:

a.  Sensors shall be installed near the center and in the upper third of the belt entry in a location that would not expose personnel working on the system to unsafe situations. Sensors shall not be located in intersections, abnormally high areas, or in other areas where airflow patterns do not permit products of combustion to be carried to the sensors.

b.  Sensors shall be installed between 50 and 100 feet downwind of each belt drive, drive/belt take-up combination, and at intervals not to exceed 1,000 feet along each conveyor belt entry.

c.  Sensors shall be installed at each tailpiece or not more than 50 feet downwind of the tailpiece in a location that will prevent damage from mobile equipment.

d.  Only one carbon monoxide sensor shall be required where a belt drive discharges onto a belt conveyor tailpiece as a continuation of a belt conveyor haulage system and the belt drive, belt take-up, and belt tailpiece are on the same split of air. If the receiving conveyor belt tailpiece is located outside the rib line of the dumping belt entry where the belt haulage system changes direction, an additional sensor shall be required at the tailpiece.

 

2.     The early-warning fire detection system shall be designed and maintained as follows:

 

a.        The carbon monoxidemonitoring system shall be capable of providing both visualand audible signals. A visual or audiblealert signal shall beactivated when the carbon monoxidelevel at any sensor reaches 5 parts per million(ppm) above the ambient level for the mine. An audible and visual alarm signaldistinguishable from the alert signal shall be activated when the carbonmonoxide level at any sensor reaches10 ppm above the ambient level for the mine. TheDistrict Manager is authorized to require loweralert and alarm levels.

 

b.        Audible and visualalarm devices used on the sections shall be of the permissible type if installed in areas where permissible equipmentis required. Alarm devices shall give visualand audible signals that can be seen and heard on the working sections and at a location on the surface of the mine where at least one responsible person is on duty at all times when miners are underground. Alert devicesshall give visual or audible signals that can be seen or heard at such surface location.

 

c.        The carbon monoxidesensor located at or near the section loading point shall activatethe alarm signal on the workingsection.

 

d.        The carbon monoxidemonitoring system shall activate alert and alarm signals at a locationon the surface of the mine where at least one responsible person is on duty at all timeswhen miners are underground.

 

e.        The carbon monoxidemonitoring system shall be capable of monitoring electrical continuity and detecting electrical malfunctions such as open circuits, short circuits, and ground faultsin the system.

 

f.        The carbon monoxidemonitoring system shall be capable of identifying any activatedsensor(s). A map or schematic identifying each belt flight and thedetails for the monitoring system shall be postedat the mine.

 

g.        The carbon monoxidemonitoring system shall be capable of giving warning of a fire for a minimum of four hours after the source of power to the belt is removed as requiredby 30 CFR 75.1103- 4(e). When power is removeddue to fan stoppage, the carbon monoxide monitoring system shall be deenergized if not intrinsically safe as required by 30 CFR 75.313(e).

3.     Air velocityin the belt conveyor entry shall meet the following requirements:

 

a.        The air in the belt conveyor entry shall have a velocity of at least 50 feet a minute and have a definite and distinct movementin the designated direction.

 

b.        Velocity measurements shallbe determined at locations in the entrywhich are representative of the cross-sectional areas found throughout the entry and not at locations where the entryis abnormally high (e.g. belt drives)or low (e.g. under overcasts).

 

4.     When the carbon monoxidemonitoring system gives a visual or audible alert signalall miners in the working sections on the same split of air shallbe notified immediately and an investigation shall be conducted to determine the cause of the actuation. When the carbon monoxidesystem gives an audible and visual alarm signal all miners in the same split(s) of airshall be withdrawnimmediately to a safe location at least one sensoroutby the sensor(s)activating the alarm, unless the cause is known not to be a hazard to theminers. When the carbonmonoxide warning system gives an audible and visual alarm signal at shift change no one shall be permitted to enter the mine except qualified personsdesignated to investigate the source of the alarm.  If minersare en route underground, they shallbe held at or withdrawn to a safe location, at least one sensor outby the sensor(s) activating the alarm. Only after a determination is madeas to the source of the alarm and that the mine is safe to enter shall the miners be permitted underground. The mine evacuation plan required by 30 CFR 75.1101-23(a) shall be revisedto specify the actions to be takenfor alert and alarm signals. Such revisions shall be approvedby the District Manager. A record of each alert and alarmsignal given and the action taken shall be maintained at the mine for a periodof one year.

 

5.     Personnel stationedat the surface location described in condition 2(d) shallhave two-way communications with all working sections. When the established alert and alarm levels are reached, such persons shall notify all working sections and other locations where personnel are normally assignedto work (e.g. belt transfers). Personnel stationed at the surface location shall also be trained in the operation of the carbon monoxidemonitoring system and in the proper procedures to follow in the event of an emergency or malfunction and, in that event, shall take appropriate action immediately.

 

6.     The carbon monoxide monitoring system shall be examined visually at least once each shift. The monitoring system shall be inspected at intervals not exceeding seven days to ensure that the systemis operating properly. The monitoring system shall be calibrated with known concentrations of carbonmonoxide and air mixtures at intervals not to exceed 31 calendardays. An inspection recordshall be maintained on the surface and made available to all interested persons. The inspection record shallshow the date and time of each weekly inspection and monthlycalibration and all maintenance performed, whether at the time of the weekly inspection or otherwise.

 

7.     If at any time the carbonmonoxide monitoring systemor any portion of the systemrequired by this Proposed Decision and Order has been deenergized for reasons such as routine maintenance or failure of a sensor unit, the belt conveyormay continue to operate provided the miners in the affected workingsection are notified and the affectedportion of the belt conveyor entry is continuously patrolledand monitored for carbon monoxide in the following manneruntil the affected monitoring system is returnedto normal operation:

 

a.        The patrolling and monitoring must be conducted by a person or persons trainedin the mine evacuation plan, the operation of a handheldcarbon monoxide detection device,use of the two-way communication device provided,and the following procedures:

 

(1)          The trained person(s)performing monitoring shall be provided with a two-waycommunication device enabling the person(s) to communicate with thesurface;

 

(2)          Each of these trained personsshall be provided with a hand-held carbon monoxide detection device.  A carbon monoxide detection device shall also be available for use on each working section;

 

(3)          If one sensor becomes inoperative, the trained person shall monitor at that sensor location;

 

(4)          If two or more adjacentsensors become inoperative, a trained personshall patrol and monitor the area affected;and

 

(5)          If the complete system becomesinoperative, a sufficient numberof trained person(s) shall patrol and monitorthe affected entriesof the mine so that the affected entrieswill be traveled in their entirety once each hour.

 

b.        The procedure outlinedabove is applicable only for a short period of time, to be determined by the reasonable amountof time required to repair or replace the equipmentcausing the malfunction. The mine operator shall begin corrective action immediately and continueuntil the defective equipment causing the malfunction is replaced or repaired. The responsible person on the surface shall immediately establish two-waycommunication with the workingsection(s) and notifythem of the particular malfunction(s) or problem(s).

 

8.     The detailsfor the early-warning fire detectionsystem including, but not necessarily limitedto, type of monitor, specific sensor locationon the mine map, and thealert, alarm, and ambient levels shall be included as a part of the mine ventilation plan required by 30 CFR 75.370. The DistrictManager may require additional carbon monoxide sensorsto be installed as part of said plan to ensurethe safety of the miners.

 

9.   Prior to implementing the alternative method,the early-warning fire detectionsystem shall be inspected by MSHA and be fullyoperational and in compliance with theterms and conditions of this ProposedDecision and Order.

 

10.   Within 60 days after this ProposedDecision and Order becomes final, the Petitioner shall submit proposed revisions for its approved30 CFR Part 48 trainingplan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initialand refresher training regarding the compliance with the conditions specified by the ProposedDecision and Order.

 

11.   If a petition for modification of 30 CFR 75.350 is granted, and air is coursed throughthe belt entryto ventilate working places,all applicable terms and conditions specified in the ProposedDecision and Order which modify 30 CFR 75.350 will supersede corresponding terms and conditions of this ProposedDecision and Order.

 

Any partyto this actiondesiring a hearingon this mattermust file in accordance with 30 CFR 44.14, within30 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 desiredto be raised by the party requesting the hearing, includingspecific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also commentupon all issues of fact or law presentedin the petition, and any partyto this action 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 must be postedby the operator on the mine bulletin board at the mine.

 

 

 

 

 

 

 

John F. Langton

Deputy Administrator

 for CoalMine Safety and Health