Petition - Docket No. M-2019-060-C

PROPOSED DECISION AND ORDER

On November 21, 2019, a petition was filed seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.1002(a) to Petitioner’s Francisco Underground Pit located in Gibson County, Indiana. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.

The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.1002(a) states, in relevant part,

(a) 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.

Petitioner is requesting a modification of the standard to allow the use of unapproved Powerd Air Purifying Respirators (PAPR), within 150 feet of pillar workings or longwall faces. Specifically, the petitioner is requesting to utilize the 3M VersafloTM TR- 800 Intrinsically Safe PAPR.

The petitioner states that it currently uses the 3MTM AirstreamTM Headgear-Mounted PAPR System to provide additional protection for its miners against exposure to respirable coal mine dust. The PAPR provides a constant flow of air inside the helmet which helps provide respiratory protection and comfort in hot working environments. The approved 3MTM AirstreamTM system has been used for more than 40 years by many mine operators to help protect their workers. Recently 3M indicated they have been facing multiple supply disruptions of key components for the Airstream product line.

Due to the supply disruptions, 3M discontinued production of the Airstream system and components on June 1, 2020.

Currently, there are no replacement 3M PAPRs that meet applicable Mine Safety and Health Administration (MSHA) standards for permissibility relative to electronic equipment used in potentially explosive atmospheres of underground coal mines.

The petitioner states that 3M offers the VersafloTMTR-800 Intrinsically Safe Powered Air Purifying Respirator motor/blower and battery which qualifies as intrinsically safe in the U.S., Canada and any other country accepting the International Electrotechnical Commissions System (IECEx) for Certification to Standards Relating to Equipment for Use in Explosive Atmosphere. The TR-800 PAPR has a blower that is UL-certified with an intrinsically safe (IS) rating of Division 1: IS Class I, II, III; Division 1 (includes Division 2) Groups C, D, E, F, G; T4 under the most current standard (UL 60079, 6th Edition, 2013); ATEX-certified with an intrinsically safe (IS) rating of “ia”. The TR-800 is rated and marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135oC Da, -20oC < Ta <+55oC, under the current standard (IEC 60079). The 3M VersafloTM TR-800 PAPR is not MSHA approved as permissible and 3M is not pursuing approval. The petitioner states that the ANSI/ISA standards are an acceptable alternative to ACRI2001 and provide an equivalent level of protection.

The petitioner proposes the following alternative method:

1. The equipment shall be examined at least weekly by a qualified person as defined in 30 CFR 75.512-2; the examination results shall be recorded weekly. Examination entries may be expunged after one year.
2. All requirements of 30 CFR 75.323 must be complied with.
3. A qualified person as defined in 30 CFR 75.151 shall monitor for methane in the same fashion as required for the mandatory standards for the subject area of the mine.
4. All qualified persons and miners affected shall receive specific training on the terms and conditions of this Decision and Order before using the equipment in the affected area. A record of any training on this Decision and Order shall be kept and provided upon request by an Authorized Representative.
5. Within 60 days after this Decision and Order becomes final, the mine operator shall submit proposed revisions for its approved 30 CFR 75.370 mine ventilation plan and approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding the terms and conditions stated in this Decision and Order. When training is conducted on the terms and conditions in this Decision and Order, an MSHA Certificate of Training (Form 5000-23)

shall be completed. Comments shall be included on the Certificate of Training that it was non-permissible testing equipment training.

6. The mine operator is responsible for determining that all persons including contractors are using the equipment in accordance with this Decision and Order.
7. The mine operator shall post this Decision and Order in unobstructed locations on the bulletin boards and/or in other conspicuous places where notices to miners are ordinarily posted for a period of not less than 60 consecutive days.

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 careful review of the entire record, including the petition, and MSHA’s investigative report, this Proposed Decision and Order is issued.

Finding of Fact and Conclusion of Law

MSHA investigators conducted an investigation of Peabody Midwest Mining, LLC, Francisco Underground Pit on April 23, 2020.

The Francisco Underground Pit is located in Gibson County, Indiana on County Road 725 East approximately two miles east of Francisco, Indiana. Peabody Midwest Mining, LLC has been the mine operator since January 4, 2010. The Francisco Underground Pit is an underground mine currently operating in the Springfield No. 5 coal seam which has an average seam thickness of 72 inches. The mine is in producing status operating two shifts per day with an average daily production of 11,000 raw tons. Records indicate a raw coal production of 1,953,097 tons for CY 2019. The mine consists of two continuous miner units, all of which utilize split air ventilation. There are a total of three mechanized mining units utilizing Joy 14/15 continuous mining machines to extract coal. Joy battery coal haulers transport coal from the working sections to the belt tail feeder and conveyor belts transport the coal to the surface. The mine has seven drift openings and two air shafts and liberates 837,001 cubic feet of methane in a 24 hour period and the mine is on a 5 day 103(i) Spot Inspection. The mine currently employs approximately 185 underground miners and there are no designated miner’s representatives. The granting of this petition would affect all underground miners at the mine.

There were two hourly employees and three supervisors interviewed about the petition. All employees interviewed had positive comments regarding safety concerns and all were in favor of the petition.

The petitioner alleges that the alternative method proposed in the petition will, at all times guarantee no less than the same measure of protection afforded by the standard.

Intrinsic Safety

Information regarding the UL listing for the 3M VersafloTM TR-800 PAPR was submitted to the MSHA Approval and Certification Center (A&CC). A review was requested for the use of the unapproved PAPR in areas of the mines where permissibility is required. A&CC conducted the review and provided conclusions that the device is certified by UL according to the ANSI/UL 60079-11 standard. The UL certificate means that the unit is certified to be used in hazardous locations, has met the most onerous level of intrinsic safety protection and the level of protection is acceptable for use in mines susceptible to firedamp. Due to legal and regulatory constraints, the UL certificate alone is not accepted by MSHA as evidence that the PAPR is approved for use in U.S. mines.

NIOSH researchers in a paper titled “An Evaluation of the Relative Safety of U.S. Mining Explosion-Protected Equipment Approval Requirements versus those of International Standards” have determined that equipment which meets two-fault intrinsic safety as defined in the ANSI/UL 60079 standard would provide at least an equivalent level of safety as that provided by equipment approved to MSHA criteria.

The UL certification material (drawings, certificate and text report) was found to support the conclusion that the VersafloTM TR-800 meets the applicable “two fault” intrinsic safety requirements for mining equipment as found in the ANSI/UL standard.

The VersafloTM TR-800 carries an ingress protection rating of IP64. This rating exceeds the minimum rating of IP54 required by the ANSI/UL and IEC standards for intrinsically safe mining equipment.

Electromagnetic Interference Investigation

On September 16, 2020, investigators traveled to the Francisco Underground Pit to observe any potential electromagnetic interference issues with a similar model 3M VersafloTM TR-801N PAPR. Mining conditions were as follows: eight foot seam height, dry, primary roof support consisted of six foot fully grouted roof bolts with six inch by six inch plates, secondary roof support consisted of eight foot tension bolts with metal straps in key intersections and slab entries and wire mesh in travelways. Mine personnel provided a continuous mining machine (CMM), a remote controlled roof bolter and electrical equipment typically used in conjunction with the PAPR for testing. Investigators conducted testing by positioning an operating PAPR in various orientations and distances from the miner-worn electrical equipment as identified in Table 1.

*interference when manufacturer’s recommendations not followed.

Testing results showed that electromagnetic interference only occurred when the PAPR unit was placed within three and one half inches from the Proximity Detection System Miner Wearable Component (MWC) as described in the Proximity Detection System summary below. All other electrical equipment tested did not exhibit any indications of electromagnetic interference.

Proximity Detection System

CMMs at the Francisco Underground Pit were equipped with Joy SmartZone proximity detection system (PDS). The PDS’s miner wearable component (MWC) used for testing was a Joy SmartZone MWC. During testing, investigators found interference between the PAPR and the MWC when the PAPR’s battery pack or pump/blower was positioned within three and one half inches of the MWC.

When operating or working near a continuous mining machine, Joy recommends a minimum separation distance of six inches between the PDS MWC’s and other electronic equipment to sufficiently reduce or eliminate interference. Testing revealed that positioning the PAPR at least six inches from the MWC results in no interference. The investigators concluded that when equipment manufacturer’s recommendations

were followed, MSHA testing showed no apparent interference issues with any of the equipment tested.

Investigators noted that the mine had Joy battery coal haulers equipped with Proximity Detection Systems that had not been enabled and were not in use. Prior to placing this equipment in service, testing for electromagnetic interference from the PAPR unit will need to be conducted.

Training should incorporate the importance of adhering to the manufacturer’s recommendations so as to prevent interference between the PDS and PAPR.

Based on the investigations discussed above, MSHA has determined that the VersafloTM TR-800 PAPR can be safely used in areas where permissible equipment is required if the mine operator follows all equipment manufacturer’s recommendations and adheres to the requirements of the Terms and Conditions of the Proposed Decision and Order.

On the basis of the petition and the findings of MSHA’s investigation, Peabody Midwest Mining, LLC is granted a modification of the application of 30 C.F.R. § 75.1002(a) to its Francisco Underground Pit.

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 Peabody Midwest Mining, LLC’s Petition for Modification of the application of 30

C.F.R. § 75.1002(a) in the Francisco Underground Pit is hereby:

GRANTED, for the operator who may use the 3M VersafloTM TR-800 Intrinsically Safe Powerd Air Purifying Respirators (PAPR), within 150 feet of pillar workings or longwall faces, subject to the conditions of this Order:

Terms and Conditions

1. Affected mine employees must be trained in the proper use and maintenance of the Versaflo TR-800 PAPR unit in accordance with established manufacturer’s guidelines. This training shall emphasize the importance of adhering to the manufacturer’s recommendations regarding safe operating distances to prevent interference between the PAPR and other electrical equipment such as Proximity Detection Systems (PDS). This training shall alert the affected employees that the Versaflo TR-800 PAPR is not approved under 30 CFR Part 18 and must be de-energized when methane is detected in concentrations of 1.0 percent or more and shall also include the proper method to de-energize the PAPR.
2. The mine operator shall adhere to the manufacturer’s recommendations regarding safe operating distances to prevent electromagnetic interference between the PAPR unit and other electrical equipment. The operator shall perform testing for electromagnetic interference between the PAPR unit and any other additional types of electrical equipment, placed in service at this mine, which have not been previously tested.
3. The Versaflo TR-800 PAPR, battery packs and all associated wiring and connections shall be inspected before use to determine if there is any damage to the units that would negatively impact intrinsic safety. If any defects are found, the PAPR shall be removed from service.
4. The operator will maintain a separate logbook for the 3M VersafloTM TR-800 PAPR that shall be kept with the equipment, or in a location with other mine record books and shall be made available to MSHA upon request. The equipment shall be examined at least weekly by a qualified person as defined in 30 CFR 75.512-1 and the examination results recorded in the logbook. Since float coal dust is removed by the air filter prior to reaching the motor, the PAPR user shall conduct regular examinations of the filter and perform periodic testing for proper operation of the “high filter load alarm”. Examination entries may be expunged after one year.
5. All 3M VersafloTM TR-800 PAPRs to be used within 150 feet of pillar workings or longwall faces, shall be physically examined prior to initial use and each unit will be assigned a unique identification number. Each unit shall be examined by the person to operate the equipment prior to taking the equipment underground to ensure the equipment is being used according to the original equipment manufacturer’s recommendations and maintained in a safe operating condition. These examinations shall include

1. Check the equipment for any physical damage and the integrity of the case;
2. Remove the battery and inspect for corrosion;
3. Inspect the contact points to ensure a secure connection to the battery;
4. Reinsert the battery and power up and shut down to ensure proper connections; and
5. Check the battery compartment cover or battery attachment to ensure that it is securely fastened.
6. For equipment utilizing lithium type cells, ensure that lithium cells and/or packs are not damaged or swelled in size.

6. The operator is to ensure that all Versaflo TR-800 PAPR units are serviced according to the manufacturer's recommendations. Dates of service will be recorded in the equipment's log book and shall include a description of the work performed.
7. The Versaflo TR-800 PAPR units that will be used in within 150 feet of pillar workings or longwall faces or in areas where methane may enter the air current, shall not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all the terms and conditions of this Order.
8. Prior to energizing the 3M VersafloTM TR-800 PAPR within 150 feet of pillar workings or longwall faces, methane tests must be made in accordance with 30 C.F.R. § 75.323(a).
9. All hand-held methane detectors shall be MSHA-approved and maintained in permissible and proper operating condition as defined by 30 C.F.R. § 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above 1.0 percent.
10. A qualified person as defined in existing 30 C.F.R. § 75.151 shall continuously monitor for methane immediately before and during the use of the 3M VersafloTM TR-800 PAPR within 150 feet of pillar workings or longwall faces or in areas where methane may enter the air current.
11. The 3M VersafloTM TR-800 PAPR shall not be used if methane is detected in concentrations at or above 1.0 percent methane. When 1.0 percent or more of methane is detected while the Versaflo TR-800 PAPR is being used, the equipment shall be de-energized immediately and the equipment withdrawn outby the last open crosscut.
12. Use only 3M TR-830 Battery Pack, which meets lithium battery safety standard UL 1642 or IEC 62133, in the 3M VersafloTM TR-800 PAPR. The battery pack must be "changed out'' in intake air outby the last open crosscut. Before each shift when the 3M VersafloTM TR-800 PAPR is to be used, all batteries for the equipment must be charged sufficiently so that they are not expected to be replaced on that shift.

The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:

1. Always correctly use and maintain the lithium-ion battery packs. The 3M TR-830 Battery Pack must not be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.
2. The 3M TR-830 Battery Pack must only be charged in an area free of combustible material, readily monitored and located on the surface of the mine. The 3M TR-830 Battery Pack is to be charged by either:
3. 3M Battery Charger Kit TR-641N which includes one 3M Charger Cradle TR-640 and one 3M Power Supply TR-941N, or,
4. 3M 4-Station Battery Charger Kit TR-644N which includes four 3M Charger Cradles TR-640 and one 3M 4-Station Battery Charger Base/Power Supply TR-944N.
5. The battery must not be exposed to water or allowed to get wet. This does not preclude incidental exposure of sealed battery packs.
6. The batteries shall not be used, charged or stored in locations where the manufacturer’s recommended temperature limits are exceeded. The batteries must not be placed in direct sunlight or used or stored near a source of heat.
7. The battery must not be used at the end of its life cycle (e.g. when there is a performance decrease of greater than 20% in battery operated equipment). The battery must be disposed of properly.

13. Personnel engaged in the use of the 3M VersafloTM TR-800 PAPR shall be properly trained to recognize the hazards and limitations associated with the use of the equipment in areas where methane could be present. Additionally, personnel shall be trained regarding proper procedures for donning Self Contained Self Rescuers (SCSRs) during a mine emergency while wearing the Versaflo TR-800 PAPR. The mine operator shall submit proposed revisions to update the Mine Emergency Evacuation and Firefighting Program of Instruction under 75.1502.