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Petition - Docket No. M-2020-016-C

2/3/2021

In the matter of                     Petition for Modification
Westmoreland San Juan Mining LLC
San Juan Mine 1

I.D. No. 29-02170                 Docket No. M-2020-016-C

PROPOSED DECISION AND ORDER

On July 7, 2020, 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 San Juan Mine 1, located in San Juan County, New Mexico. The mine operator is requesting relief from CFR 30 Part 75.1002(a), in order to continue to be able to provide a Powered Air Purifying Respirator (PAPR) device as a means of respiratory protection for mine employees exposed to respirable dust. The current model used in the mine is the 3M Airstream Mining Headgear-Mounted PAPR system which has been discontinued by 3M as of June 1, 2020.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.

MSHA investigators conducted an investigation of Westmoreland San Juan Mining LLC, San Juan Mine 1 on November 17, 18 and 19, 2020, 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.

Finding of Fact and Conclusion of Law

During MSHA’s investigation of the petition for modification it was determined that the longwall face was not producing and was in the process of being moved and setup on a new panel.                            No electric power was on the longwall equipment.          In addition, the continuous miner (room and pillar) development had been suspended due to market conditions with no plans in the immediate future to resume.                     All continuous mining machine (CMM) equipment had been removed from the underground portions of the mine.

On the basis of the petition and the findings of MSHA's investigation, Westmoreland San Juan Mining LLC is not granted a modification of the application of 30 CFR 75.1002(a) to its San Juan Mine 1.

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., sec. 811(c), it is ordered that Westmoreland San Juan Mining LLC’s, Petition for Modification of the application of 30 CFR 75.1002(a) at it’s San Juan Mine 1 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.

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 and must be posted by the operator on the mine bulletin board at the mine.

Stephen J. Gigliotti,
Chief of Safety 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 3rd    day of            February             , 2021, to:

Mr. David C. Hales Safety Manager
Westmoreland San Juan Mining LLC
P.O. Box 561 Waterflow, NM 87421
dhales@westmoreland.com

Mr. Chris Roop
Miner’s Representative
IUOE Local 953
4300 Rowe Avenue
Farmington NM 87402 USA
Fax 5055986636

Don Braenovich
Mine Safety and Health Specialist

cc: Mr. Randy Logsdon, New Mexico State Mine Inspector, New Mexico Bureau of Mine Safety 801 Leroy Place Socorro, NM 87801

randy.logsdon@nmt.edu