Petition - Docket No. M-2020-001-M

12/10/2020

In the matter of                                                                     Petition for Modification
Morton Salt, Inc.
Weeks Island Mine
I.D. No. 16-00970                                                                Docket No. M-2020-001-M

PROPOSED DECISION AND ORDER

On September 16, 2020, Morton Salt Inc., filed a petition seeking a modification of the application of 30 C.F.R. § 57.22603(c) concerning re-entry procedures following blasting at its Weeks Island Mine, located in Iberia County, Louisiana.

The relevant standard, 30 C.F.R. § 57.22603 Blasting from the surface (II-A mines) in its entirety provides that:

1. All development, production, and bench rounds shall be initiated from the surface after all persons are out of the mine. Persons shall not enter the mine until the mine has been ventilated for at least 15 minutes and the ventilating air has passed over the blast area and through at least one atmospheric monitoring sensor.
2. If the monitoring system indicates that methane in the mine is less than 0.5 percent, competent persons may enter the mine to test for methane in all blast areas.
3. If the monitoring system indicates that methane in the mine is 0.5 percent or more, the mine shall be ventilated and persons shall not enter the mine until the monitoring system indicates that methane in the mine is less than 0.5 percent.
4. If the monitoring system is inoperable or malfunctions, the mine shall be ventilated for at least 45 minutes and the mine power shall be deenergized before persons enter the mine. Only competent persons necessary to test for methane may enter the mine until the methane in the mine is less than 0.5 percent.
5. Vehicles used for transportation when examining the mine shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36. Vehicles shall not be used to examine the mine if the monitoring system is inoperable or has malfunctioned.

MSHA personnel conducted an investigation 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 for modification and the investigative report, this Proposed Decision and Order is issued.

Background

Weeks Island Mine is an underground Category II-A1 gassy salt mine located South of New Iberia in Louisiana. Salt is drilled, undercut, and blasted underground utilizing a room and pillar mining method.  Broken salt is transported by belt conveyor to a vertical shaft where it is crushed and then hoisted to the surface.

Crushed salt is sold for a variety of commercial uses.

On March 24, 2020, a methane inundation event occurred as a result of blasting. MSHA became aware of this incident some 48 hours later via an anonymous hazard condition complaint. On April 2, 2020 MSHA issued a Section 104(d)(1) Citation No. 9457566 for a violation of 30 C.F.R. § 57.22603(c). The citation reads as follows;

On 3/24/2020, at approximately 11:00 pm, the Mine Production General Foreman and one production miner entered the mine from the surface to check the ventilation system and close an air door on the 1400’ level with multiple Atmospheric Monitors (AMS) indicating methane readings above 0.5%. At approximately 12:00 am on 3/25/2020, with AMS monitors indicating methane readings above 0.5%, the Mine Production General Foreman and five miners entered the mine and performed handheld monitoring next to the AMS monitor at 26E and identified a reading of 1.5% methane. The Mine Production General Foreman, directed the crew to begin isolating the 1500’ and reestablishing ventilation and electrical power in the rest of the mine, this also required blocking (deactivating) the AMS sensor on the 1500’ level.

The operator alleges that the AMS was malfunctioning, so personnel entered the mine as allowed under 57.22603(d).     The operator revised their Mine Re-entry Procedure Post Blast, retrained relevant mine personnel, and the citation was terminated on April 15, 2020.  The status of the citation remains in contest.
 

1 Under 30 C.F.R. § 57.22003, “Subcategory II-A applies to domal salt mines where an outburst reportable under §57.22004(c)(1) has occurred.” Under 30 C.F.R. § 57.2, “Outburst means the sudden, violent release of solids and high-pressure occluded gases, including methane in a domal salt mine.”

Weeks Island Mine is one of several domal salt mines in Iberia County, Louisiana. All these domal salt mines have experienced incidents with methane liberation and outbursts related to blasting. The most notable outburst event in this region occurred at the Belle Isle Mine, on June 8, 1979.

The Belle Isle Mine Report of Mine Explosion Disaster issued April 30, 1980 summarized the event as follows;

On Friday, June 8, 1979, an outburst of flammable gases and salt occurred following a face blast in 8 Main Entry East at about 2300 hours, and a gas explosion occurred in the mine approximately 10 minutes later. At the time of the explosion, 22 persons were in the mine. Ten persons were on the upper level and twelve persons were on the lower level. Seventeen persons were rescued and five persons died as a result of the explosion.

The report explains the ‘outburst’ phenomenon that can occur in domal salt mines, initiated by blasting and violently expel fractured salt and methane. The Belle Isle Disaster resulted in over 15,000 tons of broken salt and 6 million cubic feet of methane liberated over the ensuing week.

Effective July 1, 1987, the 30 Code of Federal Regulations (30 CFR) established Subpart T, Safety Standards for Methane in Metal and Nonmetal Mines, a new gassy mine category system. The category system considers both the actual liberation of methane and the potential to liberate methane, the type of gas occurrences, the degree of hazards, the combustibility of the material being mined, and the diversity of the mining methods. It also considers the history of the mine and the history of the geological area in which the mine is located. Subsequent to the explosion at Belle Isle, the July 1, 1987 rules introduced § 57.22603, requiring all miners to be on surface when blasting is performed at category II-A mines.

Findings of Fact and Conclusions of Law

On September 10, 2020, MSHA conducted a site investigation, discussing the allegations in the petition, with particular focus on the proposed mine re-entry procedures post blast, as the mine’s alternative method of complying with the petitioned standard. The investigation included a number of interviews with both hourly and management personnel.

The miners are represented by International Chemical Workers Union Local 29C (ICWUC). Miner’s representatives participated in the investigation. In addition to the participants, comments were solicited from 15 miners and 6 management representatives. The investigation revealed that a total of 96 mine employees are affected by this petition.

Miner’s comments were mixed, with an overwhelming majority opposing approval of this modification. These miners believe the modification will not afford them better protection and will force them to work in atmospheres with elevated concentrations of methane present.

Management comments also differed. Of six members of management interviewed, four were originally in favor of the petition. Two of these managers changed their minds after the petition was thoroughly reviewed and evaluated.

The results of 21 interviews revealed that 1 miner and 2 managers were ultimately in favor of the petition.The remainder of those interviewed (18) were not in favor of what the petition proposed.

The Weeks Island Mine has a history of incidents resulting from blasting, including eight face fires and four outbursts on the following dates;

Outbursts                               Face Fires

April 16, 2018                       April 18, 2011

March 7, 2007                      June 10, 2010

April 8, 2002                          May 18, 2010

January 25, 2002                 August 31, 2007

                                             March 13, 2006

                                             February 18, 2005

                                             October 30, 2004

                                              September 25, 2001

Face fires or ignitions have historically involved flames at several shot holes and/or points where methane is burning on the muck pile. These events have most commonly been extinguished by the crew upon locating the fires. The reported outburst events have presented much greater potential hazards to miners. Of the reported outbursts at the mine, methane was allowed to bleed off for periods ranging from a couple hours to five days or more before the mine resumed operation.

The most recent and well documented outburst at the Weeks Island Mine occurred on April 16, 2018.   MSHA Technical Support Ventilation Division personnel assisted the District and mine operator personnel for two days during this event.

Observations from this outburst event included the following points;

• Removal of large quantities of hazardous gases is adversely affected by
  • Large entries resulting in low air velocity,
  • “Single split” mine ventilation system,
  • Ventilation curtain leakage requiring repair/tightening following an outburst
  • Dependence on auxiliary fans throughout the mine with recirculation
• Need to isolate bench areas before moving accumulated methane, to avoid difficulty of diluting or testing for methane at extreme heights,
• Removing methane accumulations in high spots require significant effort
• Presence of non-permissible equipment necessitates a diligent effort to disconnect batteries etc. to remove potential ignition sources.

The proposed alternate method of mine re-entry procedures post blast permits persons to proceed underground with levels of methane at or above 0.5% with no determination of whether the atmospheric monitoring system is operable or malfunctioning. Once underground, mine personnel would then barricade off affected areas with elevated methane levels, isolate electrical power to these areas, re-establish electrical power to non-affected areas, establish ventilation, and proceed back into full production mode.

The petitioned standard requires methane levels to be under 0.5% methane before any competent person enters the mine, whereas the alternative method proposes re- entry after a 45 minute waiting period, even when the AMS indicates methane above 0.5%. Re-entry when methane exceeds 0.5% does not provide miners the same level of protection as the standard.

The proposed alternative method includes miners erecting barricades to isolate areas of elevated methane, performing ventilation tasks, isolating power in affected areas and re-establishing power in unaffected areas, when methane exceeds 0.5% in the mine. Personnel entering the mine to perform these tasks when more than 0.5% methane is present in the mine are exposed to an environment that is potentially more hazardous than by compliance with the standard.

The proposed mine re-entry post blast plan has the mine operational benefit of enhancing ventilation to remove methane in less time and allowing the mine to resume production sooner. However, the operational benefit is achieved by incurring additional exposure of miners to a potentially hazardous environment.

Additionally, the proposed mine re-entry post blast plan provides examination of all AMS sensors to confirm integrity of the sensors. Similar to above, such confirmation in the mine with methane in excess of 0.5% as reported on the AMS potentially incurs additional exposure for miners.

The re-entry procedure proposed in the petition allows competent persons necessary to take gas readings, while also permitting these personnel to make ventilation changes. Additionally, mine electricians would be permitted to address electrical needs, and all those underground could use permissible vehicles for transportation.

Re-entry when the AMS system is operating and methane readings remain above 0.5% is increased exposure to a possible ignition/explosion as compared to delaying re-entry until methane levels reduce to less than 0.5%. The proposed procedure is not as safe as the standard.

A review of the preamble to the July 1, 1987 standards supports the Agency’s contention that re-entry following blasting in a Category II-A mine is allowed when methane has been removed from the entire mine.

On June 4, 1985, MSHA proposed rule changes for all gassy mines for 30 C.F.R. Part 57, included the following explanation of expectations prior to reentering a Category II-A mine following blasting.“This is a new proposed standard … requires that blasting be done from the surface in Category II mines after everyone is out of the mine, and does not permit reentry until the mine wide monitor indicates that the mine is free of methane….Generally, if the mine-wide monitoring system indicates the presence of methane in excess of 0.5% in a domal salt mine, miners would not be permitted to reenter the mine and resume production until the mine was determined to be free of methane. Free of methane means free of measurable concentrations of methane.”  See Safety Standards for Gassy Metal and Nonmetal Mines, 50 Fed. Reg. 23628 (June 4, 1985).

After a careful review of the entire record, including the petition and MSHA's investigative report, MSHA finds that the alternate method proposed by the petitioner does not provide an alternative method of compliance that will at all times guarantee no less than the same level of protection afforded to the miners.

ORDER

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and pursuant to § 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), it is ordered that Morton Salt Inc.’s Petition for Modification of the application of 30 C.F.R.§57.22603(c) in the Weeks Island Mine is hereby: DENIED.

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 shall 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.

                /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 December 2020, to: