In the matter of: Petition for Modification
ACI Tygart Valley
Leer Mine
I.D. No. 46-09192 Docket No. M-2014-025-C
PROPOSED DECISION AND ORDER
On July 8, 2014, ACI Tygart Valley filed a petition seeking a modification of the application of 30 CFR § 75.1002 to Petitioner's Leer Mine in Taylor County, West Virginia. The correct standard to petition is 30 CFR § 75.10 02(a).
The petitioned standard, 30 CFR § 75.1002(a) states,
- 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 low-voltage or battery-powered electronic testing and diagnostic equipment within 150 feet of pillar workings or longwall faces.
MSHA personnel con ducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After careful review of the entire record, including the petition, and MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
MSHA's investigation determined that the Leer Mine was opened into the Kittanning coal seam by one production slope shared with a slope hoist, one elevator, and an emergency hoist in a ventilation shaft. The average seam height is 96 inches.
The Leer Mine has five continuous mining machine sections that are used to advance panels for longwall mining and one longwall retreat section.
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The mine employs approximately 409 underground miners and 50 miners on the surface. The mine produces an average of 23,000 tons of clean coal daily.
Approximately 5.9 million cubic feet of methane is liberated from this mine daily. The granting of this petition would affect approximately all underground miners.
The non-permissible testing and diagnostic equipment requested to be used includes laptop computers; oscilloscopes; vibration analysis machines; cable fault detectors; point temperature probes; infrared temperature devices; signal analysis devices; ultrasonic measuring devices; electronic component testers; and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by MSHA's District Office. Petitioner proposed to use such non-permissible equipment under specific conditions and while continuously monitoring for methane.
The miners at the Leer Mine are not represented by a labor union and there are no miners' representatives. The petition has been posted on the mine bulletin board.
The alternate method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR § 75.1002(a).
On the basis of the petition and the findings of MSHA's investigation, ACI Tygart Valley is granted a modification of the application of 30 CFR § 75.1002(a) to its Leer 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 ACI Tygart Valley's Petition for Modification of the application of 30 CPR§ 75.1002(a) in the Leer Mine is hereby:
GRANTED, for the use of low-voltage or battery-powered non-permissible electronic testing and diagnostic equipment within 150 feet of pillar workings or longwall faces, under controlled conditions for testing and diagnosing the mining equipment, conditioned upon compliance with the following terms and
conditions:
- The use of non-permissible low-voltage or battery powered electronic testing and diagnostic equipment shall be limited to laptop computers; oscilloscopes; vibration analysis machines; cable fault detectors; point temperature probes; infrared temperature devices; signal analyzer devices; ultrasonic measuring devices; electronic component testers; and electronic tachometers. Other testing
and diagnostic equipment may be used if approved in advance by MSHA's District Office.
All other test and diagnostic equipment used within 150 feet of pillar workings or longwall faces shall be permissible.
- All electronic testing and diagnostic equipment shall be used only by qualified persons as specified in 30 CFR § 75.153 and in accordance with the manufacturer's recommended safe use procedures. The qualified person must examine the equipment prior to being used to ensure the equipment is being maintained in a safe operating condition. The examination results shall be recorded in the weekly examination of electrical equipment book and shall be made available to Authorized Representatives of the Secretary and the miners at the mine.
- A qualified person as defined in existing 30 CFR § 75.151 shall continuously monitor for methane immediately before and during the use of non-permissible electronic testing and diagnostic equipment within 150 feet of pillar workings or longwall faces.
- Non-permissible electronic testing and diagnostic equipment shall not be used if methane is detected in concentrations at or above 1.0 percent. When 1.0 percent or more of methane is detected while the non-permissible electronic equipment is being used, the equipment shall be de-energized immediately and withdrawn outby to fresh air (intake air entry) more than 150 feet from pillar workings or longwall faces.
- All hand-held methane detectors shall be MSHA-approved and maintained in permissible and proper operating condition as defined in existing 30 CFR§ 75.320.
- Coal production shall cease except for the time absolutely necessary to troubleshoot under actual mining conditions. Accumulations of coal and combustible materials referenced in 30 C.F.R. § 75.400 will be removed before testing begins to provide additional safety to miners
- Non-permissible electronic testing and diagnostic equipment shall not be used to test equipment when float coal dust is in suspension or has accumulated on previously rockdusted surfaces or accumulated on equipment.
- Qualified personnel engaged in the use of electronic testing and diagnostic equipment shall be properly trained to recognize the hazards and limitations associated with the use of electronic testing and diagnostic equipment.
- Non-permissible electronic testing and diagnostic equipment shall be used only when equivalent permissible equipment is not available.
- Non-permissible electronic testing and diagnostic equipment shall only be used within 150 feet of pillar workings or longwall faces when the mining equipment being tested cannot be safely moved to fresh air.
- Within 60 days after this Proposed Decision and Order becomes final, Leer Mine shall submit proposed revisions for its approved 30 C.F.R Part 48 training plan to the Coal Mine Safety and Health District Manager. In addition to the requirements specified in these items, these proposed revisions shall specify all required training regarding the terms and conditions stated in the Proposed Decision and Order.
- Each piece of equipment subject to this petition shall be inspected by an Authorized Representative of the Secretary prior to initial placement in service.
- Rock dust shall be liberally applied to the area where testing is to be conducted.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR § 44.14 within 30 days. The request for the hearing must be filed with the Administrator for Coal Mine Safety and Health, 201 12th Street South - Suite 400, Arlington, Virginia 22206-5452.
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. 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
/s/
Charles J. Thomas
Deputy Administrator for
Coal Mine Safety and Health
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage paid, this 22nd day of July , 2015, to:
Mr. Josh Leichli ter
ACI Tygart Valley, Leer Mine 1200 Tygart Drive
Grafton, WV 26354
/s/
Monique G. Banks
Secretary
cc: Mr. Eugene White, Director, West Virginia Office of Miner's Health, Safety, and Training