6/29/2020
In the matter of: Petition for Modification
Little Buck Coal Co.
Broad Mountain Slope
I.D. No. 36-10233 Docket No. M-2018-025-C
PROPOSED DECISION AND ORDER
On October 17, 2018, a petition was filed seeking a modification of the application of 30C.F.R. § 75.1400(c) at the Petitioner's Broad Mountain Slope located in Schuylkill County, Pennsylvania. The petitioner is requesting the application of 30 C.F.R.§ 75.1400(c) be modified to permit the use of the slope conveyance (gunboat) in transporting persons without the installation of safety catches or less effective devices but as an alternative method use an increased wire rope strength and safety factor plus a secondary safety wire rope attachment in place of such device. The Petitioner alleges that the alternative method outlined in the petition will at all times provide no less than the same measure of protection afforded by the standard and that the use of safety catches on the hoisting system at the Broad Mountain Slope presents a diminution of safety to miners.
MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement. After a careful review of the entire record, including the petition and MSHA's investigative report, this Proposed Decision and Order is issued.
Findings of Fact and Conclusions of Law
The mine operator petitioned standard 30 C.F.R. § 75.1400(c) which reads:
Cages, platforms, or other devices used to transport persons in shafts and slopes shall be equipped with safety catches or other no less effective devices approved by the Secretary that act quickly and effectively in an emergency. Such catches or devices shall be tested at least once every two months.
The Petitioner alleges that the haulage slope at this anthracite mine is typical of those in the anthracite region with a relatively high angle slope and frequently changing pitches. The Petitioner also alleges that a functional safety catch capable of working in slopes with knuckles and curves is not commercially available.
MSHA conducted an investigation of the petition on March 5-28, 2019. The investigation revealed the mine is currently in active status and employs 5 miners. The Broad Mountain Slope mine is mining the Buck Mountain seam which averages 84 inches in height. The mine operates one production shift per day, five days a week.
In the petitioner’s October 17, 2018 petition submittal, the company proposes to use a hoist rope attached to the conveyance that is a ⅞ inch diameter 6 x 19 RRL/IPS/IWRC wire rope (⅞ inch diameter, Right Regular Lay, Improved Plow Steel, Independent Wire Rope Core wire rope). This wire rope has a minimum breaking strength of 34.6 tons.
The gun boat which is made of steel has dimensions proposed as follows: wall thickness 0.125 inches (1/8”), 5.5 feet high by 4 feet wide by 2 feet in length equating to 44 cubic feet of capacity. The slope is presently 155 feet in length from the surface, averages 11 feet wide and has an average height of 7 feet. The operator plans to develop the slope to 325 feet in length. This slope has an average pitch of 70 degrees. The top of the gun boat is open. The gunboat will be used to convey coal and rock separately from miners.
The operator did not submit calculations to substantiate that the proposed alternate method will be as safe as the standard. Therefore those found in this report are from MSHA’s investigators. The dimensions of the conveyance (gun boat) in use at the time of the investigation differed from what the operator provided in their October 17, 2018 petition for modification submission the dimensions of the gunboat in use are 6 feet high, 3.33 feet wide and 2.16 feet in length equating to 43.16 cubic feet of capacity.
Weight of conveyance= 380 lb.
Weight of rope, 325 ft. length @ l .42 lb./ft. = 462 lb.
Capacity of conveyance, 3.33 ft. X 2.16 ft. X 6.00 ft.= 43.16 cubic feet.
Weight of material [using broken sandstone as a maximum, (94 lb. cubic ft.)]
= 43.16 cubic ft. X 94 lb./ft3 = 4,057 lbs. or 2.03 tons.
Total weight of static load= 380 + 462 + 4057 = 4899 lbs. or 2.45 tons.
Since the average pitch of slope is 70 degrees, the sine of 70 degrees = 0.9397 4899 X 0.9397 = 4604 1bs or 2.3 tons.
Minimum Value = 2.3 tons X (7.0 - 0.001x325). Minimum Value= 2.3 tons X 6.675 = 15.35 tons.
Breaking strength of hoist rope in use is 34.6 tons.
The minimum rope strength value equals 15.35 tons X 3 = 46.05 tons. Therefore, this value is greater than the Nominal Breaking Strength of the ⅞ inch diameter rope
specified at 34.6 tons. So, the specified ⅞ inch diameter 6 x 19 RRL/IPS/IWRC wire rope (⅞ inch diameter, Right Regular Lay, Improved Plow Steel, Independent Wire Rope Core wire rope) for this application is not acceptable to utilize the gunboat at full capacity. A 1 ⅛ inch diameter or larger rope must be used or the maximum capacity of the gunboat must be reduced to 75% of capacity.
The secondary wire-rope fastened around the conveyance is a ⅞ inch 6 x 19 RRL/IPS/IWRC wire-rope (same as the hoist rope). The secondary wire-rope is terminated above the hoist rope termination using two forged ⅞ inch wire rope-clips on each end. This does not meet American National Standards Institute (ANSI) standards for dead-end rope attachments for a ⅞ inch rope.
These standards requires 4 rope-clips per dead-end. In addition, the ⅞ inch secondary rope must be properly attached above the primary connection. A ⅞ inch diameter rope requires a turn back length of 19 inches which requires a minimum of 4 wire rope clips that are the U-bolt type attached to the secondary above the primary.
Adding more clips to the secondary termination to meet ANSI standards; however would reduce the necessary clearance of 2 feet from the last clip to the head sheave when the gunboat is in the dump position. Alternatively, the use of a poured “Spelter” socket connection or a “poured zinc socket” in lieu of clips would maintain the necessary clearance.
The Flory hoist in use has friction-band brakes on each side of the hoist drum, capable of holding the conveyance at any point on the slope. The hoist wire-rope is attached using a ⅞ inch thimble. The thimble is attached to the conveyance spreader bar through a section of ¾ inch thick steel bar stock fabricated into a connecting link, welded on all sides to the spreader bar. The ¾ inch fabricated connecting link has a tensile strength of 58,000 lbs. or 29 tons. This is less than the breaking strength of the wire rope. The amount of turn-back rope from the thimble to the end of the dead-end of the hoist-rope measured 19 inches. This length is adequate to accommodate four ⅞ inch forged wire- rope clips, which were found to be in place.
The ⅞ inch secondary safety wire-rope (referred to by the operator as "secondary safety connection") is securely fastened around the conveyance spreader bar assembly through a welded 1 inch pipe segments and square channel iron sections. The secondary wire- rope ends are attached to the hoist rope above the hoist rope termination using two forged wire-rope clips on each end, which are correctly oriented. The ⅞ inch wire rope clips on the hoist and secondary attachment were torqued to the specified value of 225 ft/lbs which was verified by MSHA. All wire-rope ends were properly seized.
The spreader bar assembly is constructed of a 45 inch long section of solid 2 inch by 4 inch rectangular bar-stock, reinforced with ¼ inch thick flat-stock. The sides of the
spreader bar (spreader-dump arms) are fabricated from 4 inch wide by 1 inch thick steel flat-stock attached by a 55 inch long section of 2 inch diameter round-stock, welded to the bottom of the gunboat. The round-stock goes through each side of the spreader bar assembly and has washers welded on the outside to provide extra strength. Movement of the spreader bar is necessary for the gunboat to navigate changing pitches and knuckles encountered in the slope, and conveyance dumping operations. Each side of the spreader bar is reinforced to 2 inches thick for a length of 12 inches where the steel bar-stock is attached to the spreader dump-arms. The distance from the secondary rope attachment to the sheave wheel, when the conveyance was at the dumping point, measured 2 feet 6 inches.
The gunboat is used to transport coal, supplies and miners on the haulage slope. A functional safety catch system appropriate to the slope and gunboat currently in service is not known to be commercially available.
There was no statement in the proposed petition that addresses an upper and lower limit switch while miners are being hoisted. This switch is needed to limit the travel of the gunboat while hoisting miners by stopping the engine and setting the brake. It also prevents overtravel at the top of the slope so the gunboat does not travel up the tipple. The lower limit prevents the gunboat/mantrip from lowering beyond the last landing in the slope. This function is only used for mantrips.
The proposed alternative method, as amended by MSHA, will at all times provide the same measure of protection to the miners as afforded the miners under 30 C.F.R.
§ 75.1400(c).
The investigation verified the petition for modification was found to be posted on the mine bulletin board. Interviews conducted with the mine owner and one miner found them to be aware and well informed of the petition for modification.
On the basis of the petition and the findings of MSHA's investigation, Little Buck Coal Co. is granted a modification of the application of 30 C.F.R. § 75.1400(c) at its Broad Mountain Slope mine.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, 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 Little Buck Coal Co.’s, petition for modification of the application 30 C.F.R. § 75.1400(c) at the Broad Mountain Slope mine is hereby:
GRANTED, for the use of the hoist conveyance (gunboat) without safety catches, conditioned upon compliance with the following terms and conditions:
1. The minimum rope strength of the hoist rope shall be maintained at all times not less than three (3) times the value specified in 30 C.F.R. § 75.1431(a).
2. A detailed inspection procedure of the ropes and terminations used at the mine shall be posted in the hoist house and examinations shall be recorded as per 30 C.F.R. § 75.1433.
3. Wire rope examinations shall be conducted during daylight hours.
4. When utilizing the gunboat to hoist miners no supplies, tools or mined material can be hoisted.
5. The conveyance (gunboat) system cannot be changed or modified in any way without an addendum to this proposed decision and order being submitted and approved beforehand.
6. The MSHA District Manager shall be notified when the hoist is relocated or moved to another location. The hoist must be commissioned prior to beginning mining operations and verified by MSHA.
7. Records of new or used wire rope installed on a hoist must be maintained for the life of the rope to establish a baseline diameter measurement as per 75.1434(g). If used wire rope is installed, the original baseline diameter measurement of the history of that rope must be brought with the wire rope when obtained and made available to MSHA upon request.
8. At least 2 feet of clearance must be maintained between the highest part of the secondary attachment and the head sheave when the gunboat is positioned in the full dump position.
9. Proper spacing must be maintained as per clip manufacturers’ specifications on hoist wire rope clips (center to center) and wire rope turn-back on both the personnel conveyance (gunboat) and hoist drum attachment.
10. This slope with a pitch averaging 70 degrees will not advance beyond the second level gangway and slope-sump a distance of approximately 325 feet without the approval of the District Manager.
11. A two way communication system (Archer 43-216 transistor intercom system) must be installed in the haulage slope and shall be maintained so that it can be activated from the gunboat at the top, bottom and at each of the three levels along the slope and is audible to the hoisting engineer. One miner will have a (Kenwood TK-290 VHF/UHF) wireless portable tracking radio when the mine has been developed to a distance where a tracking and communication system must be installed. The buzzer signal system shall be maintained in the hoist house at the top of the slope, and another will be installed at each level underground. A depth indicator must be maintained in clear view of the surface hoisting engineer to keep him informed as to the location of the gunboat at all times.
12. A secondary safety connection must be wire rope the same type and diameter as that used for the main hoist rope and shall be securely fastened around the gunboat and securely fastened to the hoisting rope at a point above the main connecting device and properly terminated.
13. Wire ropes shall be cut using a chop saw or equivalent that produces a clean cut when re-termination is required. Cutting torches are not permitted to cut wire ropes.
14. The hoist wire rope attachment affixed to the personnel conveyance (gunboat) must be the same size and have the same safety factor as the hoist rope installed.
15. A weld mark must be placed on the inside of the gunboat 4.50 feet high from the bottom to indicate the maximum load capacity of 75.0% when using a ⅞ inch diameter rope. The weld mark shall be maintained visible at all times.
16. When hoisting heavy loads, such as air drag winches, which exceed the minimum hoist limits specified in § 75.1431(a), an additional examination of all hoisting components will be conducted immediately following such loads and prior to personnel being hoisted. The results of these examinations must be recorded and made available to an Authorized Representative of the Secretary.
17. Rated capacities consistent with loads allowed to be handled and the number of personnel allowed to be hoisted shall be posted.
18. A load test must be conducted after each time the termination of hoist ropes, secondary safety wire ropes, and/or attachments are re-terminated.
19. The maximum rate of speed at which personnel shall be hoisted must be posted in the hoist house. Speeds shall be consistent with the conditions in the slope and hoisting system to maintain safe operation and control of the hoist at all times.
20. A limit switch must be installed and maintained which limits the upper and lower travel of the gunboat when hoisting miners.
21. The gunboat hoisting equipment must be examined daily as detailed by § 75.1400-3 and must include a function test to insure the conveyance system is working properly as designed. The hoist examiner should observe a complete cycle of the hoist including riding the cage, platform, or other device used to transport persons in shafts and slopes. This shall include a visual observation of all components and appurtenances installed in the shaft. This daily examination should include a functional test of all safety related devices on this hoist, i.e. hoist brakes, limit switches, start/stop controls including emergency stop. These tests should be performed in a manner that do not cause damage to the hoisting system.
22. The visual examinations of the hoist shall be conducted at a slow rate of speed, no more than 50 fpm, so the hoisting equipment in its entirety can be properly examined. The person making the examination and function test shall certify, by signature and date, that the examination has been made. If any of the conditions listed in § 75.1433 (a) are present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one year.
23. Nondestructive tests shall be conducted of the active length of the wire rope every six months.
24. A safety device for personnel while loading or unloading in the conveyance (gunboat) at the rim of the shaft, at the bottom of the shaft, above the sump, or any other loading or unloading points (such as gangways), shall be installed to prevent personnel from falling down the slope.
25. All other hoisting standards of the 30 C.F.R. shall be complied with.
26. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for their approved 30 C.F.R. Part 48 training plan to the Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the conditions stated in this Proposed Decision and Order.
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, Suite 401, Arlington, Virginia 22202.
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 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/
Timothy R. Watkins
Administrator for
Mine Safety and Health Enforcement
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 29th June , 2020, to:
Mr. Ronald Bender,
Owner Little Buck Coal Co.
Broad Mountain
Slope 21 Pine Lane,
Pine Grove,
PA 17963
Hotwheels_45@yahoo.com
/s/
Michele Gussie Secretary
6/29/2020
cc: Mr. Richard A. Wagner, P.E., Acting Director, Bureau of Mine Safety PA Dept. of Environmental Protection, P.O. Box 133, 131 Broadview Road New Stanton, PA 15672
rwagner@pa.gov