8/10/2020
In the matter of Petition for Modification
S & J Coal Mine
(Formerly D & F Deep Mine)
Slope #2
(Formerly Buck Drift #2)
I.D. No. 36-09963 Docket No. M-2019-016-C
PROPOSED DECISION AND ORDER to AMEND
On March 25, 2019, S & J Coal Mine filed a petition for modification seeking to modify the application of 30 C.F.R. § 75.1400(c) at the Petitioner's Slope #2 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 slope conveyance (gunboat) in this anthracite mine to transport persons without the installation of safety catches or other no less effective devices, because to date, no such safety catch or device is available for steeply pitching and undulating slopes with numerous curves and knuckles present in the main haulage slopes of anthracite mines. Anthracite mine slopes range in length from 180 to 1,000 feet and vary in pitch from 30 to 75 degrees.
The petitioner alleges that the alternate method proposed in the amended petition will at all times guarantee no less than the same measure of protection afforded by the standard.
30 C.F.R. § 75.1400(c) states:
(c) 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 proposes to operate the steel gunboat with secondary safety connections securely fastened around the gunboat and to the hoisting rope above the main connecting device utilizing hoisting ropes that has a minimum strength of three (3) times the value calculated from the formula in 30 C.F.R. § 75.14131(a), in lieu of safety catches.
On August 22, 2012, MSHA issued a Proposed Decision and Order (PDO) for Docket M-2011-043-C, granting a petition for modification of the application of 30 C.F.R.
§ 75.1400(c) to D & F Deep Mine’s Buck Drift #2 mine, Mine ID 36-09963, located in Schuylkill County, Pennsylvania.
The petition became final on September 21, 2012, and its terms and conditions permitted the use of the hoist conveyance (gunboat) without safety catches.
Finding of Fact and Conclusion of Law
On February 27, 2013, D & F Deep Mine was acquired by S & J Coal Mine and the mine’s name was changed to Slope #2 mine. The modification granted under Docket M-2011-043-C will be superseded and replaced by this amended modification granted under Docket M-2019-016-C. When this Proposed Amended Decision and Order becomes final Docket M-2011-043-C will be revoked.
MSHA regulation 30 C.F.R. § 44.53 allows an MSHA Administrator to propose amendments or revisions in the terms and conditions of petitions by issuing an amended proposed decision and order, along with a statement of reasons for the amendments, when one or both of the following conditions occurs:
(1) There has been a change in circumstances which originally supported the terms and conditions of the modification.
(2) The Administrator determines that findings which originally supported the terms and conditions of the modification are no longer valid.
On July 10, 2019 through August 5, 2019, MSHA conducted an investigation for Docket 2019-016. The mine was found to be using a slope hoist haulage system. The slope is driven in the Ridge Vein #2 Anthracite vein, which pitches to the south at a gradient or pitch, averaging 40 degrees, and is not consistent in grade. The haulage conveyance is steel with steel guides, gauged to ride on 6 inch wide by 2 inch thick wooden tracks.
The slope is presently 150 feet in length from the surface, averages 10 feet in width, and has an average height of 5 feet. The operator has plans to develop the slope to a depth of 350 feet. In the mine operator’s March 25, 2019 petition for modification the gunboat proposed to be used measured 8 feet high by 3.5 feet wide by 3 feet deep, with a wall thickness of 0.25 inches (¼ inch) totaling a capacity of 84 cubic feet. During MSHA’s investigation it was determined that the gunboat in use measured 7 feet high by 3.5 feet wide by 2 feet deep with a wall thickness of 0.25 inches (¼ inch) totaling a capacity of 49 cubic feet. Therefore, the calculations for this PDO are based upon the 49 cubic feet gunboat that is currently in use at the mine at the time of MSHA’s investigation.
The hoist rope attached to the conveyance is a 1 inch diameter 6 x 26 RLL IWRC EIPS wire rope (1 inch diameter, Right Lang Lay, Independent Wire Rope Core wire rope, Extra Improved Plow Steel) that has a breaking strength of 51.7 tons.
On June 30, 2020 Tech Support’s Mine Electrical Systems Division (MESD) conducted a safety evaluation and a nondestructive wire rope evaluation of the personnel and materials hoist at the S & J Coal Mine, Slope #2 mine. The hoist rope was reportedly purchased from a tour mine located in Lackawanna County, Pennsylvania. The records in the mine office indicated that the rope was installed on January 2, 2019. A baseline rope diameter measurement averaging 1.031 inches was provided to the mine operator from the tour mine after the rope was installed. The wire rope for the primary attachment was terminated with a resin-poured closed type socket. The socket was connected to the eye-bolt secured to the gunboat by a 1 ¼ -inch pin type clevis. A 1- inch-diameter wire rope (same construction as primary) was fastened around the gunboat and served as a secondary safety connection.
In summary, the wire rope did not meet any of the retirement criteria specified in 30C.F.R. § 75.1434. However, several hoist and hoist rope attachment deficiencies were identified.
The minimum strength of the hoist rope must be three (3) times the value specified in 30
C.F.R. § 75.1431. Therefore, the minimum value of rope strength required by § 75.1431 for a conveyance (gunboat) that measures 3.5 feet wide x 2 feet deep x 7 feet high or 49 cubic feet with a 1” diameter rope and 94 lbs./cubic feet of material is shown below.
• Weight of conveyance= 860 lb.
• Weight of rope, 350 ft. length@ 1.85 lb./ft. = 647.5 lb.
• Capacity of conveyance, 3.50 ft. X 2.00 ft. X 7.00 ft. = 49 cubic feet. Weight of material [using broken sandstone as a maximum, (94 lb. cubic ft.)] = 49 cubic ft. X 94 lb. cubic ft. = 4606 lbs. or 2.303 tons.
• Total weight of static load = 860 + 647.5 + 4606 = 6113.5 lbs. or 3.06 tons.
• Since the average pitch of slope is 40 degrees, the sine of 40 degrees = 0.64279 6113.5 X 0.64279 = 3,929.69 lbs or 1.96 tons.
• Minimum Value= 1.96 tons X (7.0 - 0.001x350).
• Minimum Value= 1.96 tons X 6.65 =-13.03 tons.
The minimum rope strength value equals 13.034 tons X 3 = 39.102 tons. Therefore, this value is less than the Nominal Breaking Strength of the 1 inch diameter rope specified at 51.7 tons. So, the specified 1 inch diameter 6 x 26 RLL IWRC EIPS wire rope (1 inch diameter, Right Lang Lay, Independent Wire Rope Core wire rope, Extra Improved Plow Steel) rope for this application is acceptable to utilize the gunboat at full capacity.
The 1 inch secondary rope must be properly attached above the primary connection as required by American National Standards Institute, Inc. A 1 inch diameter rope requires a turn back length of 26 inches which requires a minimum of 5 wire rope clips, the U-bolt type to be attached to the secondary above the primary would be necessary to provide an engineering assessment of the termination.
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. The load end attachment for the secondary connection had two forged clips securing the rope on each end. We recommend that each end of the secondary connection be secured above the primary connection according to the clip manufactures specifications, or the current method of securing the secondary rope connection (with the clips properly installed) be load tested to ensure it will provide the intended degree of safety.
The 1 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 Slope #2 mine is a non-union operation with no miner's representative designated. This petition was discussed with the Mine Operator/President/Hoisting engineer at the start of the investigation, along with three (3) working foreman and one laborer throughout the course of the investigation .
The mine was in active status at the time of the investigation, and employs 5 miners; four miner's underground, including 1 mine foreman, and a surface hoisting engineer. The mine operates 1 shift per day, 5 days per week.
The alternate method proposed by the Petitioner (as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.1400(c). An amended modification of the application of 30 C.F.R.
§ 75.1400(c) is granted and when this amended PDO becomes final, it will supersede the PDO issued August 22, 2012, for Docket M-2011-043-C.
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) and 30 C.F.R. § 44.53, it is order that S & J Coal Mine’s modification of the application of 30 C.F.R.
§ 75.1400(c) at the Slope #2 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 40 degrees will not advance beyond second level gangway and slope-sump a distance of approximately 350 feet without the approval of the District Manager.
11. A two way communication system (Aiphone-LEF-5 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 two levels along the slope and is audible to the hoisting engineer. One miner will have a (Kenwood TK-390 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.
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.
Pursuant to 30 C.F.R. § 44.53(b), amendments to granted modifications will become final 30 days after service of this Proposed Decision and Order to Amend, unless a hearing is requested on the 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 22202-5452.
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 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 10th day of August , 2020, to:
Mr. Kerry Harris,
President S & J Coal Mine
15 Road View Lane
Pine Grove, PA 17963
stumpwanda@live.com
/s/
Don Braenovich
Mine Safety and Health Specialist
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