In The Matter of PETITION FOR MODIFICATION
Martin Marietta Kansas City, LLC
Randolph Deep Mine MSHA ID No. 23-02308
Stamper Underground MSHA ID No. 23-02232
Parkville Quarry
MSHA ID No. 23-01883 Docket No. M-2018-001-M
Proposed Decision and Order
On January 3, 2018, Martin Marietta Kansas City, LLC filed a petition for modification, requesting the modification of 30 C.F.R. § 49.6(a)(1) for the above-referenced mines in Clay and Platte Counties, Missouri, where it produces crushed, broken limestone. Petitioner requests a modification of the application of the standard to allow these mines be provided a rescue station at the Randolph Deep Mine with only six selfcontained breathing apparatus instead of the twelve prescribed in the standard and contract for additional mine rescue coverage with another team within two hours of the mine that has a station, also with six self-contained breathing apparatus. The petition alleges that this alternative method will at all times guarantee no less than the same measure of protection afforded the miners by this standard.
30 C.F.R. § 49.6(a)(1), "Equipment and Maintenance Requirements" states:
- Each mine rescue station shall be provided with at least the following equipment:
- Twelve self-contained breathing apparatus, each with a minimum of 4 hours capacity (approved by MSHA and NIOSH under 42 CFR Part 84, Subpart H), and any necessary equipment for testing such breathing apparatus;
MSHA investigators conducted an investigation into the merits of the petition and filed a written report of their findings with the Administrator for Metal and Nonmetal Mine Safety and Health (Administrator). After a careful review of the entire record, including the petition and MSHA's investigative report, the Administrator issues this Proposed Decision and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
MSHA investigators conducted an on-site investigation at the above referenced mines on March 22-23, 2018.
Martin Marietta is the operator of the Randolph Deep Mine (Randolph), Stamper Underground (Stamper), and Parkville Quarry (Parkville) underground mines. Randolph operates two, twelve-hour production shifts per day, five days per week, with a total of 32 employees. Stamper operates one, 10-hour shift per day, five days per week, with a total of 50 employees. Parkville operates one, 8-hour shift per day, five days per week, with a total of 18 employees. There are 74 miners affected by this petition including all shifts and locations.
Randolph is a room and pillar limestone mine. Miners access the mine via two slopes that are approximately 6,750 feet long. There is a fully equipped and compliant refuge chamber near the bottom of the slope. Randolph has multiple openings to its many working headings. The operator loads out material with front-end loaders and transports it to the primary crusher with haulage trucks. The material is crushed and transported to the surface via conveyor belts.
Stamper is a room and pillar limestone mine. Miners access the mine via an approximately 1,800-foot long slope and an approximately 350-foot vertical shaft that is equipped with an emergency hoist. Stamper has multiple openings to its many working headings. The operator loads out material with front-end loaders and transports it to the primary crusher with haulage trucks. The material is crushed and transported to the surface via conveyor belts.
Parkville is a room and pillar limestone mine. Miners access the mine via an approximately 900-foot long slope; an approximately 145-foot vertical shaft and an approximately 190-foot vertical shaft. Both shafts are equipped with steel ladders for emergency escape. Parkville has multiple openings to its many working headings. The operator loads out material with front-end loaders and transports it to the primary crusher with haulage trucks. The material is crushed and transported to the surface via conveyor belts.
Under 30 C.F.R. § 49.2, when miners are underground, each of these mines must have two mine rescue teams available at all times within two hours ground travel time from the mine. Sections 49.2 and 49.6 together require two rescue teams consisting of six people each and one rescue station with 12 apparatus and other equipment.
Martin Marietta has established a single mine rescue team to serve as the primary mine rescue team for all three of the mine sites. The mine rescue team consists of seven qualified and trained members.
Martin Marietta has entered into an agreement with Central Plains Cement Company (Central Plains) whereby Central Plains agrees to provide the mine rescue services of the Sugar Creek Mine rescue team, as needed, to all three of these Martin Marietta mines. Similarly, Martin Marietta has agreed to provide mine rescue services, as needed, to Central Plains' Sugar Creek Mine.
Martin Marietta's mine rescue station is located at their Randolph Deep Mine, 12 miles or about 24 minutes travel time from the Sugar Creek Mine. The Sugar Creek Mine rescue station is located at the Sugar Creek mine.
Prior to December 20, 2017, the Randolph mine rescue station and Central Plains Sugar Creek Mine rescue station each contained equipment sufficient to supply one mine rescue team. As of December 20, 2017, Martin Marietta relocated six self-contained breathing apparatus , two gas monitors, cap lamps, and oxygen bottles to the Sugar Creek Mine rescue station to ensure that the combined mine rescue station at Sugar Creek is in compliance with 30 C.F.R.§ 49.6(a)(1).
The petitioner proposes to re-locate six self-contained breathing apparatus back to the Randolph Mine rescue station to provide six self-contained breathing apparatus each at the Martin Marietta's Randolph Mine rescue station and Central Plains' Sugar Creek Mine rescue station. Both mine rescue stations would contain all other required equipment and meet all other requirements of§ 49.6. Martin Marietta will maintain a written contract with Central Plains for these services.
The availability of a total of 12 self-contained breathing apparatus with an onsite mine rescue team and station will at all times guarantee no less than the same measure of protection for miners as afforded by the standard.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal, 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 a modification of 30 C.F.R. § 49.6(a) (1) to Martin Marietta Kansas City, LLC, as it pertains to mine rescue equipment located at the Randolph Deep Mine is hereby:
GRANTED, conditioned upon compliance with the following requirements:
- The petitioner shall maintain an on-site mine rescue team consisting of at least six (6) members, supported by a mine rescue station at the Randolph Deep Mine with at least six (6) self-contained breathing apparatus, as well as all the other equipment required by 30 C.F.R. § 49.6.
- The petitioner shall maintain a contract with Central Plains Cement Company to ensure the availability of the Sugar Creek Mine's mine rescue team supported by a mine rescue station at the Sugar Creek Mine with at least six (6) self-contained breathing apparatus, as well as all the other equipment required by 30 C.F.R. § 49.6. This team and station will be available at all times that miners are underground at any of Martin Marietta Kansas City, LLC's mines. A copy of this contract shall be provided to the District Manager.
- The petitioner shall ensure that, between Martin Marietta's Randolph mine rescue station and Sugar Creek's mine rescue station, a total of 12 self-contained breathing apparatus are available during a mine emergency.
- The petitioner shall update its Mine Escape and Evacuation Plan to include the emergency contact information for the second mine rescue team identified in Item 2 of these conditions.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 C.F.R. § 44.14, with the Administrator for Metal and Nonmetal Mine Safety and Health, 201 12th Street South, Suite 401, Arlington, Virginia 22202. If a hearing is requested, the request must 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 shall also comment upon all issues of fact or law presented in the petition. 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, this Proposed Decision and Order will become final and shall be posted by the operator on the mine bulletin board at the mine.
/s/
Kevin G. Stricklin
Acting Administrator for Metal and Nonmetal
Mine Safety and Health
CERTIFICATE OF SERVICE
Ms. Karen L. Johnston Jackson Kelly PLLC
1099 18th Street, Suite 2150
Denver, CO 80202
Mr. Dennis Heaton Assistant Plant Manager Martin Marietta
Randolph Deep Mine 401 Randolph Road
Randolph, MO 64161
Mr. Chad Heitman, Director of Mining Eagle Materials
2200 North Courtney Rd Sugar Creek, MO 64050
/s/
Donald R. Vickers, P.E
Senior Mine Safety and Health Specialist