DEC 3 2019
In The Matter of Petition for Modification
U.S. Silica Company Columbia Plant
Mine ID No. 38-00138
Docket No. M-2018-008-M
PROPOSED ORDER OF DISMISSAL
On September 19, 2018, U.S. Silica Company filed a petition for modification pursuant to section 101(c) of the Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 811 (c). The Petitioner seeks a modification of mandatory standard 30 C.F.R. § 56.13020, Use of compressed air, at its Columbia Plant, located in Lexington County, South Carolina. The Columbia Plant processes whole grain silica for customers in industrial and specialty product end markets.
The standard, 30 C.F.R. § 13020, Use of compressed air, provides that "[a]t no time shall compressed air be directed towards a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury."
U.S. Silica Company seeks a modification of the standard to install a clothes cleaning booth, subject to certain safety conditions outlined in its petition. The Petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the standard.
As of MSHA's October 24, 2019, communications with the Petitioner, the cleaning booth has not yet been installed, and there is no forecasted or planned date for installation.
Since over a year has passed since U.S. Silica Company filed its petition, and there is no cleaning booth to investigate, MSHA informed the Petitioner that it may file a new petition for modification when the Petitioner is ready to proceed with the cleaning booth installation.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, U.S. Silica Company's petition for modification of 30 C.F.R. § 56.13020 at its Columbia Plant is hereby:
DISMISSED.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44.14, within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Arlington, Virginia 22202-5450.
If a hearing is requested, the request shall contain a concise summary of position concerning 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 Petitioner who has requested a hearing shall also comment upon all issues of fact or law at issue 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 Order of Dismissal will become final.
/s/
Timothy R. Watkins
Administrator for
Mine Safety and Health Enforcement
Certificate of Service
I hereby certify that a copy of this Piposed Order of Dismissal was served personally or mailed, postage prepaid, this 3rd day of December 2019, to:
Robert A. Smith
EHS Coordinator
U.S. Silica Company
Columbia Plant
5263 Edmund Hwy
West Columbia,
South Carolina 29170
/s/
Don Vickers
Senior Mine Safety and Health Specialist