September 8, 1999
In the matter of
Norris Asphalt Paving Company Moberly Stone Company Mine I.D. Nos. 23-01785 and 23-02105
Petition for Modification Docket No. M-1999-001-M
PROPOSED DECISION AND ORDER ON PETITION FOR MODIFICATION
On February 17, 1999, Norris Asphalt Paving Company filed a petition to modify the application of 30 CFR
§56/57.14100(b) at the petitioner's, Moberly Stone Company Mine (I.D. Numbers 23-01785 and 23-02105), located in Randolph County, Missouri. The Moberly Stone Company Mine consists of an underground limestone mine and a quarry located on the same property.
Standard §56/57.14100(b) Safety Defects; examination, correction and records.
(b) Defects on any equipment, machinery, and tools that effect safety shall be corrected in a timely manner to prevent the creation of a hazard to persons.
The petitioner requested a modification to the standard that would allow the operation of haulage trucks without functional tachometers and speedometers. Because a tachometer incicates engine speed, a tachometer does not affect safety; and therefore, does not fall within the scope of this standard.
MSHA investigated the merits of the petition and filed a report on March 22, 1999, of findings and recommendations with the Chief of the Safety Division for Metal and Nonmetal Mine Safety and Health. After a careful review of the entire record, including the petition and investigative report, this Proposed Decision and Order is issued.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The petitioner asserted that the speedometer did not contribute any safety factor to a pit truck. In addition, the petitioner wanted the truck drivers to have their eyes on the road not on the speedometer. The petitioner stated that the top average speed of the haul trucks was 10 miles per hour. The investigation determined that trucks are operated 16 to 20 miles per hour instead of 10 miles per hour as stated in their request. The speedometer does provide information to help in the safe operation of the haul trucks. The company failed to provide any compelling reason why the speedometers should not be maintained on the haul trucks.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Section 811(c), it is ordered that modification of the application of 30 CFR §56/57.14100(b) at the Moberly Stone Company Mine, as it pertains to defective speedometers on haul trucks, is hereby DENIED.
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 CFR 44.14, with the Administrator for Metal and Nonmetal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
A hearing 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 must be posted by the operator on the mine bulletin board at the mine.
For /s/ Robert M. Friend
Earnest C. Teaster, Jr. Acting Administrator for
Metal and Nonmetal Mine Safety and Health