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Mine Safety and Health Administration

Petition - Docket No. M-2017-006-C

In the matter of:                                                                                              Petition for Modification

Tunnel Ridge, LLC

Tunnel Ridge Mine

I.D. No. 46-08864                                                                                           Docket No. M-2017-006-C

 

 

PROPOSED DECISION AND ORDER

 

On February 3, 2017, Tunnel Ridge, L.L.C. filed a petition seeking a modification of the application of 30 C.F.R. § 75.1002(a) to Petitioner's Tunnel Ridge Mine in Ohio County, West Virginia.

 

The petitioned standard, 30 C.F.R. § 75.1002(a), Installation of electric equipment and conductors: permissibility

 

(a) Electric equipment must be permissible and maintained in a permissible condition when such equipment is located within 150 feet of pillar workings or longwall faces.

 

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 non­permissible electronic testing or diagnostic equipment within 150 feet of  pillar workings or longwall faces.

 

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 Tunnel Ridge Mine was opened into the Pittsburg #8 coal by Tunnel Ridge, L.L.C., a division of Alliance Resource Partners, L.P. The mine utilizes two dual shaft compartment air shafts along with an intake shaft and a bleeder fan. Tunnel Ridge operates one longwall section with three continuous miner sections. The mine currently employs 359 underground miners and has three production shifts a day, five days a week. The mine has clean coal production of approximately 6.5 million tons per year. The granting of this petition would affect all underground miners. There is no miners' representative at this mine.

 

The non-permissible testing and diagnostic equipment requested to be used includes: laptop computers, oscilloscopes, vibration analysis machines, cable fault detectors, point temperature, infrared temperature devices, insulation testers (meggers), voltage, current, resistance meters and power testers, and electronic tachometers. MSHA's Approval and Certification Center List of Approved Products provides equivalent permissible or intrinsically safe electronic testing and diagnostic equipment including some of the equipment that the mine operator has requested to use. For example, the mine operator requested to use vibration analysis machines, point temperature, infrared temperature devices, voltage, current, and resistance meters, which are on the List of Approved Products. Therefore, the list of equipment within this Proposed Decision and Order has been modified.

 

Other testing and diagnostic equipment was requested by the mine operator to be used if approved in advance by MSHA's District Manager. However, the contents within a petition for modification must be concise to cause a proper investigation to be made as to the merits of the petition and therefore may not be approved by MSHA's District Manager.

 

The miners at the Tunnel Ridge 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. § 75.1002(a).

 

On the basis of the petition and the findings of MSHA's investigation, Tunnel Ridge, L.L.C., is granted a modification of the application of 30 C.F.R. § 75.1002(a) to its Tmmel Ridge 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 Tunnel Ridge, L.L.C.'s Petition for Modification of the application of 30 C.F.R. § 75.1002(a) in the Tunnel Ridge Mine is hereby:

 

GRANTED, for equipment (low voltage or battery-powered non-permissible or non­intrinsically safe electronic testing and diagnostic equipment) located within the affected area (within 150 feet of pillar workings or longwall faces) 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, and (3) when the mining equipment being tested cannot be safely moved to fresh air. The equipment allowed under this Decision and Order is low voltage or battery-powered non­permissible or non-intrinsically safe electronic testing and diagnostic equipment and shall be limited to: laptop computers, oscilloscopes, cable fault detectors, insulation testers (meggers), and electronic tachometers for the purpose of testing or troubleshooting mining equipment. The equipment shall have an IP 65 or higher rating when available. All other equipment in the affected area shall be permissible or intrinsically safe.

 

  1. A log for this equipment shall be maintained on mine property in a secure book or electronically in a secure computer system not susceptible to alteration. The original equipment manufacturer's user and maintenance manual(s) shall also be maintained on mine property. The log shall contain the date(s) of manufacture and/ or purchase of each particular piece of the equipment. The log and manuals shall be made available to Authorized Representatives of the Secretary and the miners at the mine.

 

  1. The equipment to be used in the affected area shall be examined by a qualified person 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 these examinations shall 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 shall be recorded in the equipment's log and shall include a description of the work performed.

 

  1. The equipment that will be used in the affected 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 Decision and Order.

 

  1. The equipment shall not be used if methane is detected in concentrations at or above 1.0 percent methane in the affected area. When 1.0 percent or more of methane is detected in the affected area while the equipment is being used, the equipment shall immediately be de-energized and withdrawn out of the affected area to fresh air. For example, when elevating voltage or injecting current on any conductors for testing, the affected area would include the entire length of the conductors being tested. Prior to returning to the affected area all requirements of 30 C.F.R. § 75.323 must be complied with.

 

  1. As an additional safety check, prior to taking the equipment to the affected area or energizing the equipment in the affected area, a certified person according to 30 C.F.R. § 75.100 shall conduct a visual examination of the affected 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 material including float coal dust in suspension have been cleaned-up or removed.

 

  1. 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.

 

  1. Prior to energizing the equipment in the affected area, methane tests must be made no more than eight inches from the roof and floor in the affected area.

 

  1. The affected areas must be pre-shifted according to 30 C.F.R. § 75.360 prior to using the equipment. If the affected areas 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.

 

  1. 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 affected areas. While the equipment is used in the area, a qualified person shall remain with the equipment.

 

  1. Batteries contained in the equipment must be "changed out" in intake air, out of the affected area. Replacement batteries for the equipment shall not be brought in the affected area. On each entry into the mine, all batteries for the equipment must be fully charged and protected.

 

  1. Before using the equipment in the affected area, the qualified person must confirm by examination or by inquiry of the certified person in charge of the section, that the area is safe, compliant with the mine's ventilation plan meeting at least the minimum air quantity on the section.

 

  1. 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 affected area.

 

  1. 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 manufacturer's recommended safe use procedures and trained to recognize hazards associated with the use of the equipment in the areas where methane could be present.

 

  1. 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 affected area. A record of any training on this Decision and Order shall be kept and provided upon request by an Authorized Representative.

 

  1. Within 60 days after this 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.

 

  1. Within 60 days after this Decision and Order becomes final, the mine 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 mine operator shall revise the program to include fire and explosion hazards and evacuation procedures when using such equipment in the affected area. 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.

 

  1. The equipment used shall be no older than 10 years from date of manufacture 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.

 

  1. The mine operator is responsible for determining 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 testing and diagnostic equipment used in the affected area regardless of whether the equipment is used by an employee or by an independent contractor.

 

  1. 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.

 

The procedures of 30 C.F.R. § 48.3 and§ 75.1502 for approval of proposed revisions to already approved training plans and programs of instruction shall apply.

 

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, 201 12th 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 and Order. 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 Proposed Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.

 

 

/s/

Timothy R. Watkins

Deputy Administrator for

Coal Mine Safety and Health

 

 

 

 

 

Certificate of Service

 

I hereby certify that a copy of this Proposed Decision and Order was served personally mailed, postage prepaid, or provided by other electronic means this 13th day of December, 2017, to:

 

Mr. Scott Van Curen

Tunnel Ridge, L.L.C.

2596 Battle Run Road

Triadelphia, WV 26059

 

 

/s/

Tammi Carringtop

Secretary

 

 

cc:        Greg J. Norman, Director, Office of Miners' Health Safety & Training

#7 Players Club Dr. Suite 2, Charleston, WV 25311

Greg.J.Norman @w v.gov