U.S. flag

An official website of the United States government.

Mine Safety and Health Administration

Petition - Docket No. M-2017-002-C

In the matter of:                                                                     Petition for Modification

Mettiki Coal WV, L.L.C.

Mountain View Mine

I.D. No. 46-09028                                                                  Docket No. M-2017-002-C

PROPOSED DECISION AND ORDER

On January 13, 2017, Mettiki Coal WV, L.L.C. filed a petition seeking a modification of the application of 30 C.F.R. § 75.507-l(a) to Petitioner's Mountain View Mine in Tucker County, West Virginia.

The petitioned standard, 30 C.F.R. § 75.507-l(a) states, in relevant part,

All electrical equipment, other than power-connection points, used in return air outby the last open crosscut in any coal mine.....shall be permissible.

The Petitioner contends that the alternate method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.

Petitioner is requesting a modification of the standard to allow the use of low-voltage or battery-powered electronic testing and diagnostic equipment in return air outby the last open crosscut.

MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Administrator for Coal Mine Safety and Health. After careful review of the entire record, including the petition, and MSHA's investigative report this Proposed Decision and Order is issued.

Finding of Fact and Conclusion of Law

MSHA's investigation determined that the Mountain View Mine was opened into the Upper Freeport coal seam in July 2005 by Mettiki Coal WV, L.L.C., a division of Alliance Resource Partners, L.P. The mine is intersected by one shaft opening, three slope openings, and one elevator located in the intake shaft. Total seam height averages 8 to 9 feet with an entry width of 16 feet. The mine utilizes an exhaust ventilation system utilizing two main fans and a longwall bleeder fan.

The Mountain View Mine has one longwall and three longwall developing sections utilizing three continuous mining machines with shuttle car haulage.  The mine employs approximately 223 persons on three shift per day (two shifts of production and one maintenance shift), 5 to 6 production days per week.  The mine produces an average of 16,000 tons of raw material daily. No detectable amount of methane is liberated from this mine on a daily basis. The Mountain View Mine has not had any reportable face ignitions. The granting of this petition would affect approximately all underground miners.

The non-permissible testing and diagnostic equipment requested to be used includes laptop computers; oscilloscopes; vibration analysis machines; cable fault detectors; point temperature probes; infrared temperature devices; signal analysis devices; ultrasonic measuring devices; electronic component testers; and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by MSHA's District Office. Petitioner proposed to use such non-permissible equipment under specific conditions and while continuously monitoring for methane.

The miners at the Mountain View Mine are not represented by a labor union. The petition has been posted on the mine bulletin board.

The alternate method proposed by the Petitioner (as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.507-l(a).

On the basis of the petition and the findings of MSHA's investigation, Mettiki Coal WV, LLC., is granted a modification of the application of 30 C.F.R. § 75.507-l(a) to its Mountain View 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. § 811(c), it is ordered that Mettiki Coal WV, L.L.C.'s Petition for Modification of the application of 30 C.F.R. § 75.507-l(a) in the Mountain View Mine is hereby:

GRANTED, for equipment (low-voltage or battery-powered non-permissible or non­intrinsically safe electronic testing and diagnostic equipment) taken into or used in the area (return air outby the last open crosscut) under controlled conditions for testing and diagnosing mining equipment, conditioned upon compliance with the following terms and conditions:

  1. This equipment shall only be used (1) until equivalent permissible or intrinsically safe electronic testing and diagnostic equipment is available or (2) if viable mechanical equipment is not commercially available (3) when the mining equipment being tested cannot be safely moved to fresh air.  The equipment allowed under this Order is low voltage or battery-powered non-permissible or non-intrinsically safe electronic testing and diagnostic equipment and shall be limited to laptop computers; oscilloscopes; signal analyzer devices; ultrasonic measuring devices; electronic component testers; and electronic tachometers used for the purposes testing or troubleshooting mining equipment.  The equipment shall have an IP 65 or higher rating when available.  All other equipment in this area shall be permissible or intrinsically safe.
  2. A log for this equipment will be maintained on mine property in a secure book or electronically in a secure computer system not susceptible to alteration. The original equipment manufacturers user and maintenance manual will also be maintained on mine property. The log will contain the date of manufacture and/ or purchase of each particular piece of electronic equipment. The log and manuals shall be made available to Authorized Representatives of the Secretary and the miners at the mine.
  3. The equipment to be used in the area shall be examined by a qualified persons as specified in 30 C.F.R. § 75.153 prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. These examinations shall include:

 

  1. Check the instrument for any physical damage and the integrity of the case;
  2. Remove the battery and inspect for corrosion;
  3. Inspect the contact points to ensure a secure connection to the battery;
  4. Reinsert the battery and power up and shut down to ensure proper connections;
  5. Check the battery compartment cover or battery attachment to ensure that it is securely fastened.

The results of this inspection will be recorded.

  1. The equipment shall be examined at least weekly by a qualified person as defined in 30 C.F.R. § 75.153; the examination results shall be recorded weekly in the equipment's log. Examination entries in the log may be expunged after one year.
  1. The equipment shall be serviced according to the manufacturer's recommendations. Dates of service will be recorded in the equipment's log and shall include a description of the work performed.
  2. The equipment that will be used in the area shall not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all the terms and conditions of this Order.
  3. The equipment shall not be used if methane is detected in concentrations at or above 1.0 percent methane. When 1.0 percent or more of methane is detected while the equipment is being used, the equipment shall be de-energized immediately and withdrawn out of the area to fresh air. Prior to returning to the area all requirements of 30 C.F.R. § 75.323 must be complied with.
  4. As an additional safety check, prior to taking the equipment to the area or energizing the equipment in the area, a certified person according to 30 C.F.R. § 75.100 shall conduct a visual examination of the immediate area for evidence that the area appears to be sufficiently rock-dusted and for the presence of accumulated combustible material including float coal dust in suspension. If the rock-dusting appears insufficient or the presence of float coal dust is observed in suspension, the equipment may not be energized until sufficient rock dust has been applied and/ or the accumulations of combustible materials including float coal dust in suspension have been cleaned-up or removed.
  5. All hand-held methane detectors shall be MSHA-approved and maintained in permissible and proper operating condition as defined by 30 C.F.R. § 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above 1.0 percent.
  6. Prior to energizing the equipment in the area, methane tests must be made no more than eight inches from the roof and floor at that location.
  7. The areas must be pre-shifted according to 30 C.F.R. § 75.360 prior to using the equipment. If the area was not pre- shifted, a supplemental examination according to 30 C.F.R. § 75.361 must be performed before any non-certified person enters the area. If the area has been examined according to 30 C.F.R. § 75.360 or 30 C.F.R. § 75.361, an additional examination is not required.
  8. A qualified person as defined in existing 30 C.F.R. § 75.151 shall continuously monitor for methane immediately before and during the use of the equipment in the area. While the equipment is used in the area, a qualified person shall remain with the equipment.
  9. Batteries contained in the equipment must be "changed out" in intake air, out of the area. Replacement batteries for the equipment shall not be brought in the area. On each entry into the mine, all replacement batteries for the equipment must be fully charged and protected.
  10. Before using the equipment in the area, the qualified person must confirm by measurement or by inquiry of the certified person in charge of the section, that the air quantity on the section, on that shift, is at least the minimum quantity that is required by the mine's ventilation plan.
  11. The equipment shall not be used when coal production is occurring on the section. All mining on the section shall cease prior to use of the equipment in the area.
  12. Personnel engaged in the use of the equipment shall be properly qualified as specified in 30 C.F.R. § 75.153, trained in accordance with the manufacturers' recommended safe use procedures and trained to recognize hazards associated with the use of the equipment in the areas where methane could be present.
  13. All qualified persons and miners affected shall receive specific training on the terms and conditions of this Decision and Order before using the equipment in the area. A record of any training on this Decision and Order shall be kept and provided upon request by an authorized representative.
  14. Within 60 days after the Proposed Decision and Order becomes final, the mine operator shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding the terms and conditions stated in this Decision and Order. When training is conducted on the terms and conditions in this Decision and Order, an MSHA Certificate of Training (Form 5000-23) shall be completed. Comments shall be included on the Certificate of Training indicating that it was non-permissible testing equipment training.
  15. Within 60 days after this Order becomes final, the operator shall submit proposed revisions for its approved mine emergency evacuation and firefighting program of instruction required by 30 C.F.R § 75.1502. The operator shall revise the program to include fire and explosion hazards and evacuation procedures when using such equipment in these areas. All underground miners shall be trained in this revised program within 30 days of the approval of the revised mine emergency evacuation and firefighting program of instruction.
  16. The equipment used shall be no older than 10 years from date of manufacturer or removed at the end of its service life as recommended by the manufacturer, whichever is shorter, regardless of who is using the equipment in the mine.
  17. The mine operator is responsible for seeing that all persons including contractors are using the equipment in accordance with this Decision and Order. The conditions of use in this Decision and Order shall apply to all non-permissible electronic equipment used in this area regardless of whether the equipment is used by an employee or by an independent contractor.
  18. The mine operator shall post this Decision and Order in unobstructed locations on the bulletin boards and/ or in other conspicuous places where notices to miners are ordinarily posted, for a period of not less than 60 consecutive days.

Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44.14 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 20112th Street South, Arlington, Virginia 22202.

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 the Petitioner who has requested a hearing may 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.

/s/

TimothyR. Watkins

Deputy Administrator for

Coal Mine Safety and Health

 

Certificate of Service

I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 6th day of November, 2017, to:

Mr. Terry Hanline

Mettiki Coal WV, L.L.C.

293 Table Rock Road

Oakland, MD 21550

/s/

Monique G. Banks

Secretary

cc:         Mr. Greg J. Norman, Director, West Virginia Office of Miner's Health, Safety, and Training, #7 Players Club Dr. Suite 2, Charleston, WV 25311

  Greg.J.Norman@wv.gov