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Petition - Docket No. M-2018-002-M

In The Matter of     `                                                                                   PETITION FOR MODIFICATION

Central Plains Cement Co.

Sugar Creek Ug Mine

MSHA ID No. 23-02171                                                                            Docket No. M-2018-002-M

 

 

Proposed Decision and Order

 

On January 12, 2018, Central Plains Cement Company filed a petition for modification, requesting the modification of 30 C.F.R. § 49.6(a)(1) for the Sugar Creek Underground Mine, I.D. No. 23-02171, in Jackson County, Missouri, where it produces crushed, broken limestone. Petitioner requests a modification of the application of the standard to allow the mine to provide a rescue station at the mine with only six self-contained 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 oy this standard.

 

30 C.F.R. § 49.6(a)(1), "Equipment and Maintenance Requirements" states:

 

  1. Each mine rescue station shall be provided with at least the following equipment:

 

  1. 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 Central Plains Cement Company's Sugar Creek Underground Mine on March 21, 2018.

 

The Sugar Creek Mine is an underground limestone mine. The mine operates three production shifts per day, seven days per week. There are a total of 103 employees. The mine has 26 miners affected by this petition including all shifts.

 

Miners access the Sugar Creek Mine via a 700' vertical shaft. The mine is a room and pillar mine with multiple openings to active mining faces. The operator loads out material with front-end loaders and transports it with haulage trucks to the primary crusher. The material is crushed and hoisted to the surface where it is processed and used in the production of cement.

 

Under 30 C.F.R. § 49.2, when miners are underground, the Sugar Creek Mine 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.

 

The Sugar Creek Mine has entered into an agreement with Martin Marietta Kansas City, LLC ("Martin Marietta") whereby Martin Marietta agrees to provide mine rescue services by the Martin Marietta Materials, Kansas City mine rescue team, as needed, to Sugar Creek. Similarly, Sugar Creek Mine has agreed to provide mine rescue services by the Sugar Creek Mine rescue team, as needed, to three Martin Marietta locations.

 

Martin Marietta's mine rescue station is located at their Randolph Deep Mine (MSHA I.D. 23-02308), 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 Sugar Creek mine rescue station and Martin Marietta's mine rescue station, each contained equipment sufficient only to supply one mine rescue team. As of December 20, 2017, Martin Marietta relocated six self­contained 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 return six self-contained breathing apparatus to Martin Marietta's mine rescue station at their Randolph Deep Mine, and maintain six self­contained breathing apparatus each at the Sugar Creek mine rescue station and Martin Marietta's Randolph mine rescue station. Both mine rescue stations would contain all other required equipment and meet all other requirements of§ 49.6. The Sugar Creek Mine will maintain a written contract with Martin Marietta 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

 

Therefore, 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 Central Plains Cement Company, as it pertains to mine rescue equipment located at the Sugar Creek Mine is hereby:

 

GRANTED, conditioned upon compliance with the following requirements:

 

  1. 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 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.

 

  1. The petitioner shall maintain a contract with Martin Marietta Kansas City, LLC to ensure the availability of the Randolph Deep Mine's mine rescue team 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. This team and station will be available at all times that miners are underground at the Sugar Creek Mine. A copy of this contract shall be provided to the District Manager.

 

  1. The petitioner shall ensure that, between the Sugar Creek's mine rescue station and Martin Marietta's Randolph mine rescue station, a total of 12 self-contained breathing apparatus are available during a mine emergency.

 

  1. 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

 

 

 

I hereby certify that a copy of this Proposed Decision and Order was served personally or mailed; postage prepaid, this 22nd day of June, 2018 to:

 

 

 

Donna Pryor

Husch Blackwell LLP

1801 Wewatta St., Suite 1000

Denver, CO 80202

 

Chad Heitman, Director of Mining

Eagle Materials

2200 North Courtney Rd

Sugar Creek, MO 64050

 

Dennis Heaton Assistant Plant Manager

Martin Marietta

Randolph Deep Mine

401 Randolph Road

Randolph, MO 64161

 

 

 

/s/

Donald R. Vickers, P.E

Senior Mine Safety and Health Specialist