JUN 11 2012
Montana Resources Petition for Modification
Continental Mine
MSHA ID# 24-00338 Docket No. M-2012-001-M
Proposed Decision and Order
On November 21, 2011, Montana Resources, filed a petition under 30 U.S.C. § 811 (c) and 30 C.F.R. Part 44 seeking a modification of the application of 30 C.F.R. § 56.12028 to its Continental Mine (MSHA ID# 24-00338). Montana Resources operates the Continental Mine, an open pit copper/molybdenum mine and mill near Butte, Montana. Its ultimate products are copper and molybdenum concentrates which are shipped away from the mine for additional processing.
30 C.F.R. § 56.12028: Testing grounding systems.
Continuity and resistance of grounding systems shall be tested immediately after installation, repair, and modification; and annually thereafter. A record of the resistance measured during the most recent tests shall be made available on a request by the Secretary or his duly authorized representative.
The Continental Mine was constructed in 1963. With the exception of two periods of shutdown, it has operated more or less continuously since then. Many of the miners have worked in the mine for over 20 years and have extensive experience with the maintenance of its components. After the Program Policy Manual (PPM) language, clarifying standard 30 C.F.R. 56.12028, published in 1997, the mill began conducting visual inspections of its grounding conductors in accordance with the language of the PPM.
Visual observation of the Continental Mine's mill reveals some evidence of relatively light corrosion (rust) primarily found on steel supporting structural members in the basement. This is not surprisin since they are frequently exposed to water used to wash down mill surfaces on the upper levels. There is virtually no evidence of corrosion on the process equipment itself and what can be observed is quite minor and limited to the outside of the equipment. Although the mill has not been thoroughly searched for evidence of corrosion, extensive experience in the mill has shown that it is not generally a concern and that it has never been the cause of an electrical failure in the process area. Based on its understanding of the chemistry of the process, the construction of the flotation circuit and extensive experience with the equipment, Montana Resources conducted visual examinations pursuant to the language of the PPM since it was released in 1997. The fact that the mine was doing visual inspections was well known by the inspectors who inspected the mill and they always accepted visual inspections as
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compliance with 30 C.F.R. § 56.12028. That practice lasted until July 14, 2009, when an MSHA Inspector issued a Section 104(a) Citation that was later vacated. Montana Resources finds itself in a position where there has been no finding of violation regarding the ground testing of the equipment in its mill, but it nevertheless is always subject to new citations from other mine inspectors not familiar with this operation.
Should another similar citation be issued in the future, Montana Resources would be forced to go through the expensive and time consuming practice of litigating that citation as well as with the expense associated with compliance activities which ultimately might not be applicable.
Diminution of Safety: The petitioner cannot find a record of any miner ever being injured while conducting a visual examination of grounding systems. There is no inherent danger in conducting a visual examination. All miners are exposed to potentially deadly electrical shock hazards any time they come into contact with an energized circuit as in testing grounding systems. Requiring Montana Resources to conduct measured tests of continuity and resistance where visual examinations are permitted will result in the diminution of safety to those miners involved in the testing process by exposing them to electrical shock hazards.
The visual examinations that have been conducted by Montana Resources have been adequate to protect the miners from grounding system failure for over 30 years. Visual examinations are contemplated in the PPM as the alternative method of compliance with 30 C.F.R. § 56.12028 precisely to avoid the exposure of miners to electrical shock where measured continuity and resistance testing has been shown to be unnecessary. The exceptions to the application of the alternative method: exposure to a "corrosive environment," "flexing" or "vibrations" are not present at the Montana Resources Mill and thus, the alternative method should be permitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An onsite investigation was conducted February 29, 2012, at the Montana Resources Continental Mine in Butte, Montana, to observe the environmental conditions and to see if visual tests could be conducted in lieu of the continuity and resistance tests. Walk through observations were made at the following areas of the mine:
Concentrator - flotation; Ball Mill/Rod Mill; Regrind Pump; Main Tailings Pump House; Molybdenum Plant.
Standard 30 C.F.R. 56.12028 states that continuity and resistance must be established for grounding systems on an annual basis. Technically, this can only be done by using an electrical measuring instrument. The allowance of a visual test is an option that can be exercised only if both MSHA and the mining company conclude that historically, certain areas of the mine have not experienced conditions that would diminish the electrical characteristics of the original installation. Both parties must be in agreement. If either party concludes that the potential exists for the grounding path to become compromised by environmental conditions, then a visual test cannot be conducted
and a continuity and resistance test must be performed. The determination that environmental conditions can pose a threat to the integrity of the grounding path lies in the hands of the operator and the MSHA inspector, who both know the processes being conducted at the mine with the MSHA inspector having the final authority.
To date, there have been no published studies as to how grounding systems are affected by environmental conditions. It has always been prudent engineering practice to error on the side of safety, to ensure that these systems are not compromised, and to make sure they are maintained as they were designed and installed. Without any scientific studies available , there can be no measurements of environmental conditions that determine whether a visual test is sufficient to ensure that the grounding system is being compromised from year to year. All areas of the mine examined exhibited environmental conditions that could lead to compromising the electrical grounding systems that would present a hazard to miners working in these areas. There were numerous motors that were connected using flexible conduit and SO cord. Some of the SO cord was repaired using tape. Since the repaired area was observed laying on part of the machine frame, it could be assumed that the outer jacketing had been worn away due to vibration . Many of the structures, wire ways, and cables were encrusted with dirt and the structures exhibited signs of corrosion. Since water is a key ingredient in processing the ore, all locations exhibited moist and wet conditions that would further aggravate the corrosion process.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., § 811(c), it is hereby ordered that a modification of the application of 30 C.F.R. § 56.12028 to Montana Resources as it applies to the Continental Mine, 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 C.F.R. § 44.14, with the Administrator for Metal and Nonmetal Mine Safety and Health, 1100 Wilson Boulevard , Arlington, Virginia 22209-3939. 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 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.
/s/
Neal H. Merrifield
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 11th day of June , 2012 to:
Director, Office of Standards,
Regulations and Variances.
Mine Safety and Health Administration
1100 Wilson Boulevard
Arlington, VA 22209-3939
Patton Boggs LLP
Donna Vetrano Pryor
1801 California Street
Suite 4900
Denver, CO 80202
Safety Manager
Continental Mine
600 Shields Ave
Butte, MT 59701-2705
Continental Mine Employee Bulletin Board 600 Shields Ave
Butte, MT 59701-2705
/s/
Lawrence J. Trainor Jr. R.P.E
Senior Mine Safety and Health Specialist