Petition Docket No. M-2020-018-C-AG

U.S. Department of Labor             Office of Administrative Law Judges

Cherry Hill District Office
800 K Street, NW, Suite 400
Washington, DC 20001-8002

(856) 486-3800
(856) 486-3806 (FAX)
OALJ-CherryHill@dol.gov

Issue Date: 31 May 2022

CASE NOS.: 2021-MSA-00005,

2021-MSA-00006,

2021-MSA-00007

In the Matter of:

PEABODY SOUTHEAST MINING LLC,

Petitioner v.

MINE SAFETY & HEALTH ADMINISTRATION (MSHA),

Party Opposing Petition

ORDER GRANTING SETTLEMENT

This proceeding arises from a modification petition filed by operator, the PEABODY SOUTHEAST MINING LLC, ("Operator" or "Petitioner") with the Mine Safety and Health Administration ("MSHA") requesting a modification of the application of 30 C.F.R. § 75.500(d), 30 C.F.R. § 75.507-1(a), and 30 C.F.R. § 75.1002(a) at the petitioner's Shoal Creek Mine in Walker County, Alabama, pursuant to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811

(c) ("the Act"), and the implementing regulations at 30 C.F.R. Part 44. The implementing regulations at 30 C.F.R. § 44.10 allow an operator to petition MSHA for the modification of the application of a mandatory safety standard under section 101(c) of the Act.

After careful consideration of the Joint Motion for Settlement and the attached “Final Terms of Agreement for Final Order” for each of the petitioned standards and review of the record and applicable law and regulations in this matter, the undersigned finds the proposed Order complies with 30 C.F.R. § 44.27(b) and I accept and approve the terms and conditions as delineated by the parties for each of the standards.

The terms and conditions of the Order filed [May 17th, 2022] are further adopted and incorporated in full into this Decision and Order. See, 30 C.F.R. § 44.27. Accordingly, the petitions for modification of the application of 30 C.F.R. § 75.500(d),75. 507-1(a) and 75.1002(a) are granted, subject to the terms and conditions set forth in the parties' agreed upon Order.

WHEREFORE, it is ORDERED that the parties Joint Motion for Settlement is GRANTED, with the settlement approved, and it is FURTHER ORDERED that the terms and conditions agreed to by the parties, adopted and incorporated herein, is APPROVED, and the Request for hearing on

the Petitions for Modification in the above matter are DISMISSED. This order constitutes the final agency action.

SO ORDERED.

Digitally signed by THERESA TIMLIN DN: CN=THERESA TIMLIN,

OU=Administrative Law Judge, O=US DOL Office of Administrative Law

Judges, L=CHERRY HILL, S=NJ, C=US

Location: Washington DC

Cherry Hill-District Office

THERESA C. TIMLIN
Administrative Law Judge

- 2 -

SERVICE SHEET

Case Name: HEALTH_ADMINISTRATIO_v_PEABODY_SOUTHEAST_MI_ Case Numbers: 2021MSA00005, 2021MSA00006, 2021MSA00007 Document Title: ORDER GRANTING SETTLEMENT

I hereby certify that a copy of the above-referenced document was sent to the following this 31st day of May, 2022:

Digitally signed by Donna M. Broome DN: CN=Donna M. Broome, OU=Paralegal

Specialist, O=US DOL Office of Administrative Law Judges, L=CHERRY

HILL, S=NJ, C=US

Location: Washington DC

Donna M. Broome

Paralegal Specialist

Don Braenovich                                                                R. Henry Moore, Esq

braenovich.don@dol.gov                                                                                    hmoore@fisherphillips.com Mine Safety and Health Administration                      Fisher & Phillips LLP

201 12th Street South                                                       Six PPG Place

ARLINGTON VA 22202                                                Suite 830

{Electronic - Regular Email}                     PITTSBURGH PA 15222

{Electronic - Regular Email}

sol.docket@dol.gov

Counsel for Trial Litigation                                            Winfield Wilson, Esq

Div. of Mine Safety and Health                                     wilson.winfield@dol.gov

U. S. Department of Labor                                              Division of Mine Safety and Health

Office of the Solicitor                                                       Office of the Solicitor

201 12th Street South, Suite 401                                    U.S. Department of Labor

ARLINGTON VA 22202                                                201 12th Street South, Suite 401

{Electronic - Regular Email}                      ARLINGTON VA 22202

{Electronic - Regular Email}

grover.jason@dol.gov Counsel for Litigation Department of Labor Office of the Solicitor

Division of Mne Safety and Health 201 12th Street South, Suite 401

ARLINGTON VA 22202-5450

{Electronic - Regular Email}

201 12th Street South, Suite 401
Arlington, VA 22202-5452

In the matter of                                                          PETITION FOR MODIFICATION
Peabody Southeast Mining, LLC
Shoal Creek Mine
Mine I.D. No. 01-02901                                            Docket No. M-2020-018-C

Terms of Agreement for Final Order

On August 27, 2020, Peabody Southeast Mining, LLC filed a petition seeking modification of the application of 30 C.F.R. § 75.500(d) at its Shoal Creek Mine in Walker County, Alabama. The petitioner alleges that the alternative method in the petition will at all times guarantee no less than the same measure of protection afforded to the miners by the standard.

The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.500(d) states, in relevant part,

4. All other electric face equipment which is taken into or used inby the last open crosscut of any coal mine, except a coal mine referred to in §75.501, which has not been classified under any provision of law as a gassy mine prior to March 1970, shall be permissible.

Petitioner is requesting a modification of the standard to allow the use of unapproved Power Air Purifying Respirators (PAPRs) in return air outby the last open crosscut.

Specifically, the petitioner is requesting to utilize the CleanSpace EX PAPR and sealed motor/blower/battery power pack assembly. The 3M Versaflo TR-800 Intrinsically Safe PAPR motor/blower and battery with battery pack is not part of this petition for modification.

The petitioner states that:

1. Currently Peabody uses the 3M Airstream helmet to provide additional protection for its miners against exposure to respirable coal mine dust.
    
2. For more than 40 years the 3M™ Airstream™ Headgear-Mounted Powered Air Purifying Respirator (PAPR) System has been used by many mine operators to help protect their workers. During those years there have been

technological advancements in products and services for industrial applications. Recently 3M has indicated that they have been facing multiple key component supply disruptions for the Airstream product line that have created issues with providing acceptable supply service levels.

Because of those issues, 3M will discontinue the Airstream by June 1, 2020, and that this discontinuation is global.

3. Currently there are no replacement 3M PAPRs that meet applicable U.S. Mine Safety and Health Administration (MSHA) standards for permissibility. Electronic equipment used in underground mines in potentially explosive atmospheres is required to be approved by MSHA per 30 CFR. 3M does offer alternative products for many other environments and applications.
    
4. Following that discontinuation, mines that currently use the Airstream will not have an MSHA-approved alternative PAPR to provide to miners. One of the benefits of the PAPRs is that they provide a constant flow of air inside the headtop or helmet. This constant airflow helps to provide both respiratory protection and comfort in hot working environments.
    
5. In this petition, Peabody requests a modification to permit the use of CleanSpace EX Powered Respirator. The approvals for the CleanSpace EX Powered Respirator are set out in the attached product sheet. It has been determined to be intrinsically safe.
    
6. The CleanSpace EX Power Unit is not MSHA approved as permissible and CleanSpace is not pursuing approval.
    
7. The standards for approval of these respirators are an acceptable alternative to MSHA's standards and provide an equivalent level of protection.
    
8. The ANSI/ISA standards are an acceptable alternative to ACRI2001 and provide an equivalent level of protection.
    
9. The alternate method proposed by the Petitioner will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard.
    
10. Peabody proposes the following alternative method:

1. The equipment shall be examined at least weekly by a qualified

person as defined in 30 C.F.R. § 75.512-2; the examination results shall be recorded weekly. Examination entries may be expunged after one year.

2. All requirements of 30 C.F.R. § 75.323 must be complied with.
3. A qualified person as defined in 30 C.F.R. § 75.151 shall monitor for methane in the same fashion as required by 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 C.F.R. § 75.370 mine ventilation plan and approved 30 C.F.R. 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 indicating 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.
    
11. The miners at Shoal Creek Mine are represented by a labor organization and the designated representative has been served as indicated on the certificate of service. It has also been posted on the mine bulletin board.

The petitioner’s alternative method addresses training, inspections, examinations and records, servicing, continuous monitoring for methane and procedures when

1. percent or more methane is detected, battery chargers, battery charging and change out procedures, and special precautions for lithium batteries. These proposed terms and conditions for the use of the CleanSpace EX PAPRs are consistent with those approved by MSHA for previous petitions, with one major exception.

Petitioner failed to include the following condition regarding treatment of lithium batteries approaching end of their life cycle:

“The battery must not be used at the end of its life cycle (i.e., when there is a performance decrease of greater than 20% in battery-operated equipment). The battery must be disposed of properly.” MSHA requires inclusion of this additional condition.

On April 19, 2021, MSHA issued a Proposed Decision and Order to Dismiss Dockets M- 2020-018, 019 and 020-C because MSHA could not conduct an investigation of the petitions for modification due to the mine being in non-producing status, not having the powered air purifying respirator (PAPR) available at the mine site for inspection and mine management did not know when the miners would return to work and assume production again.

On April 26, 2021, a request for hearing on specific terms and conditions of the Proposed Decision and Order was filed by Peabody Southeast Mining, LLC and the case was referred for hearing to the Chief Administrative Law Judge in accordance with 30 CFR 44.15. After communication with the Secretary’s Office of the Solicitor and the petitioner’s counsel, the Administrator for Mine Safety and Health Enforcement reopened an investigation of the petitions for modification. On February 07, 2022, March 08, 09, and 16, 2022 MSHA conducted an investigation relevant to the merits of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement.

After careful review and reconsideration of the entire record, including the petition, UMWA comments and MSHA’s investigative report, this document, Terms of Agreement for Final Order is submitted as the basis for settlement between the parties and serves as the basis for granting the petition.

Findings of Fact and Conclusions

MSHA investigators conducted an investigation of the Peabody Southeast Mining, LLC’s Shoal Creek Mine on August 24, 2021. The investigation included an item-by- item review of the proposed petition, equipment manufacturer’s user instructions, CleanSpace EX brochure and an on-site mine visit. During the on-site visit, the MSHA investigator verified that the proposed PFMs were posted on the mine’s bulletin board and explained the PFM process and all stipulations to the miners and supervisors.

Those participating in the August 24, 2021, petition for modification investigation at the Shoal Creek Mine were:

Peabody Southeast Mining, LLC

1. Ryan Seitz, Compliance Supervisor

2. Jamie Mincey, Continuous Improvement Manager
3. Morris Studdard, UMWA Local Safety Chairman
4. Carthell Williams, UMWA International Safety Representative
5. Harold Sickles, UMWA Local President/Safety Committeeman

The miners are represented by the UNITED MINE WORKERS OF AMERICA, AFL- CIO, CLC - 1948 – UMWA and there were miner's representatives involved in the investigation.

The Shoal Creek Mine is a vertical-shaft underground mine extracting coal from the Blue Creek seam by means of a longwall mining system and continuous miners. The mine liberates 3,355,613 cubic feet of methane in a 24-hour period. The mine is on a 5 day 103(i) spot inspection. The mine employs 67 employees, and operates two maintenance shifts per day, 7 days per week. There are 6 shaft openings and 1 slope opening into the Blue Creek seam that is 132 inches (11 feet) high and produces an average of 18,223 tons daily.

As listed above, two management or supervisory representatives and three UMWA representatives were present during the investigation. The operator contends such use is needed due to the permissible 3M Airstream Headgear-Mounted Power Air Purifying Respirator (PAPR) being discontinued and that June 2020 was the final date to

purchase Airstream components.

Below are the UMWA’s comments on the petition for modification Docket M-2020-018- C as follows:

1. Comfort is an issue - the structure of this equipment is awkward and uncomfortable and does not fit well on the miners’ face.

We also found it even with the limited testing, that the weight of this equipment causes pressure marks on the face and on the neck which can lead to sores and/or rash on the miner

2. There are several Safety issues that we feel would affect our miners with the use of this equipment:

The structure of this equipment is restricting to sight and movement. We found that while wearing this equipment the ability to look up or down is almost impossible which leads to the possibility of falling rock or missteps causing accidents.

We found that moisture collects with the equipment use as well as on the face and neck of the miners wearing this equipment which limits sight and can cause fungus growth within the air tubes and the mask.

The Shoal Creek Mine is on a 5 day spot due to the amount of methane liberated, we feel this could be a factor during long term use of this equipment.

3. The issue with flexibility and mobility is that the added inability to move easily with this equipment on adds to the exertion required to complete a full shift.
    
4. A very limited time of testing was allowed for this equipment and only a couple of people were able to even try this equipment out. We also had no training from a factory Rep or Trainer as to the proper fit of this equipment. Given the short and limited testing allowed we do not feel that proper standards were employed on this testing.
    
5. Moisture issues within the Mines at Shoal Creek may have an adverse effect on the motorized filter within this equipment and this has not had adequate testing.
    
6. Since this equipment does not carry the MSHA approval, we would like to know who is libel for any malfunction, equipment failure or adverse reactions attributed to use of this equipment.

The petitioner alleges that the alternative method proposed in the submitted 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 CleanSpace EX PAPRs was previously submitted to the MSHA Approval and Certification Center (A&CC). A review was requested for the use of these unapproved PAPRs in areas of mines where permissibility is required. A&CC conducted the reviews and concluded that:

1. The CleanSpace EX is certified by TestSafe Australia (TSA) according to the IEC 60079-0:2011 (General Requirements) and IEC 60079-11:2011 (Intrinsic Safety) standards. The certificate, issued to PAFtec Australia Pty Ltd ("PAFtec"), allows PAFtec to mark the device as "Ex ib IIB T4 Gb" and "Ex ia I Ma." Due to legal and regulatory constraints, the TSA certificate is not accepted by MSHA as evidence that the PAPR is approved for use in U.S.

mines. The IEC certification marking that applies to mining, Ex ia I Ma, is discussed below:

The CleanSpace EX is certified to be used in hazardous locations (“Ex”); meets the most onerous level of intrinsic safety protection (“ia”); the level of protection is acceptable for use in mining locations (“I”), and the Equipment Protection Level appropriate for mining equipment, that has a "very high" level of protection, with sufficient security that it is unlikely to become an ignition source in normal operation, during expected malfunctions or during rare malfunctions, even when left energized in the presence of an outbreak of gas (“Ma”).

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, TSA certification and PAFtec listing material (drawings, certificate and text report) were found to support the conclusion that the CleanSpace EX meet the applicable “two fault” intrinsic safety requirements for mining equipment as found in the ANSI/UL standard.

The CleanSpace EX carries an ingress protection rating of IP66, which exceed the minimum rating of IP54 required by the ANSI/UL and IEC standards for intrinsically safe mining equipment.

The mine operator is petitioning for a modification of application of mandatory standard § 75.500(d) to permit the use of battery-powered non-permissible powered respirators in return airways outby the last open crosscut.

Electromagnetic Interference Investigation

PAPR electrical components such as the pump motor or battery can potentially create electromagnetic interference when in close proximity to other electrical equipment.

During the investigation, Electrical Specialist Philip Ingram traveled underground to J-1 longwall section and L-0 continuous mining section of Shoal Creek mine to test for potential electromagnetic interference issues between the non-permissible PAPR and electrical equipment typically worn, carried, or operated by miners. PAPR electrical components such as the pump motor or battery can create a potential for electromagnetic interference when in close proximity to other electrical equipment.

Mining conditions on the sections were as follows: eight to eleven feet mining height, wet, with metal roof and rib bolts. Mine personnel provided electrical equipment

typically used in conjunction with the PAPR for testing. The PAPR tested in this investigation was CleanSpace EX. The CleanSpace EX PAPR design features a facemask connected by hoses to a pack that contains the pump motor, filter, and battery, which rest on the back of the neck. (See Figure 1) The investigator first performed baseline functionality tests for all electrical equipment involved in the testing, including the PAPR, by operating them individually away from one another. Then conducted testing by positioning the running PAPR in various orientations and distances from miner- worn or carried battery powered electrical equipment as well as other electrical equipment identified below. The potential for electromagnetic interference rises as electrical equipment and PAPR operate close together, so distances tested range from twelve inches to zero inches to account for this.

Figure 1 (reference the image at the bottom of the article)

Table 1

Table 1, continued

The investigator did not observe any apparent electromagnetic interference or performance issues between the proposed PAPR and equipment typically worn, carried, or used on the longwall and CM Sections (see Table 1).

Based on the investigations discussed above, MSHA determined that the CleanSpace EX PAPR can be safely used where permissible equipment is required taken into or used inby the last open crosscut if the operator follows all of the manufacturer’s recommendations and adheres to the Terms and Conditions of the Proposed Decision and Order. In addition, the CleanSpace EX PAPR has a green/red filter indicator that turns red and sounds an audible alarm when the filter needs to be changed out. The mine will need to stock a supply of new filters and pre-filters.

On the basis of the petition and the findings of MSHA’s investigation, Peabody Southeast Mining, LLC is granted a modification of the application of 30 C.F.R. § 75.500(d) at its Shoal Creek Mine.

TERMS OF SETTLEMENT AGREEMENT

Pursuant to Final Order of the Office of Administrative Law Judges, U.S. Department of Labor, and 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 Southeast Mining, LLC ’s Petition for Modification of the application of 30 C.F.R. § 75.500(d) in the Shoal Creek Mine is hereby:

GRANTED, for the operator who may use the CleanSpace EX PAPR `inby the last open crosscut 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 PAPR(s) to be used at the mine, the CleanSpace EX, in accordance with established manufacturer guidelines. This training shall alert the affected employee that the CleanSpace EX PAPR is not approved under 30 C.F.R. Part 18 and therefore must be de-energized when 1.0 or more percent methane is detected. The training shall also include the proper method to de-energize the PAPR. In addition to manufacturer guidelines, MSHA will require that mine employees be trained to inspect the unit before use to determine if there is any damage to the unit that would negatively impact intrinsic safety as well as all stipulations in this petition.
    
2. The PAPR, battery pack, all associated wiring and connections must 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 must be removed from service.
    
3. The operator will maintain a separate logbook for the CleanSpace EX 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 C.F.R. § 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 “blocked filter” alarm on the CleanSpace EX PAPR. Examination entries may be expunged after one year.
    
4. All CleanSpace EX PAPRs to be taken into or used inby the last open crosscut 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 used according to the original equipment manufacturer’s recommendations and maintained in a safe operating condition.
    

The CleanSpace EX PAPR does not have an accessible/removable battery. The internal battery and motor/blower assembly are both contained within the “power unit” assembly and the battery cannot be removed, reinserted or fastened.

Therefore, examination of the CleanSpace EX PAPR should include any indications of physical damage.
 

5. The operator is to ensure that the CleanSpace EX PAPR units are serviced according to the manufacturer's recommendations. Dates of service shall be recorded in the equipment's logbook and shall include a description of the work performed.
    
6. The CleanSpace EX PAPR unit that will be taken into or used inby the last open crosscut 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.
    
7. Prior to energizing the CleanSpace EX PAPR taken into or used inby the last open crosscut methane tests must be made in accordance with 30 C.F.R. § 75.323(a).
    
8. 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 in concentrations at or above 1.0 percent.
    
9. 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 CleanSpace EX PAPR that is taken into or used inby the last open crosscut.
    
10. The CleanSpace EX PAPR shall not be used if methane is detected in concentrations at or above 1.0 percent. When 1.0 percent or more methane is detected while the CleanSpace EX PAPR is taken into or used inby the last open crosscut the equipment shall be de-energized immediately and the equipment withdrawn outby the last open crosscut .
     
11. Use only the CleanSpace EX Power Unit, which meets lithium battery safety standard UL 1642 or IEC 62133, in the CleanSpace EX.
     
12. Before each shift when the CleanSpace EX PAPR is to be used, all batteries and power units for the equipment must be charged sufficiently for the expected usage on that shift.
     
13. The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:
     
14. The CleanSpace EX Power Unit shall not be disassembled nor modified by anyone other than permitted by the manufacturer of the equipment.

2. The CleanSpace EX internal battery, which is contained within the power unit assembly, shall be charged in areas located outby the last open crosscut in intake air as per 30 C.F.R. § 75.340, or charged in an area free of combustible material, readily monitored and located on the surface of the mine and only the manufacturer’s recommended battery chargers may be used, such as the CleanSpace EX Battery Charger, Product Code PAF-0066.
    
3. The CleanSpace EX power unit which contains the internal battery, shall not be exposed to water, allowed to get wet or immersed in liquid. This does not preclude incidental exposure of the CleanSpace EX power unit assembly, including during normal mining operations where water sprays are used for dust suppression.
4. The CleanSpace EX PAPR, including the internal battery, shall not be used, charged or stored in locations where the manufacturer’s recommended temperature limits are exceeded. The CleanSpace EX PAPR shall not be placed in direct sunlight nor stored near a source of heat.
5. The CleanSpace EX PAPR’s internal battery shall not be used at the end of its life cycle (i.e., when there is a performance decrease of greater than 20% in battery-operated equipment). The CleanSpace EX power unit containing the internal battery must be disposed of properly.
    
14. Personnel engaged in the use of the CleanSpace EX PAPRs 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 CleanSpace EX PAPR. The mine operator shall submit proposed revisions to update the Mine Emergency Evacuation and Firefighting Program of Instruction under 30 C.F.R. § 75.1502.
     
15. Within 60 days after this Order becomes final, the operator shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plans to the Mine Safety and Health Enforcement 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 Order, an MSHA Certificate of Training (Form 5000-23) shall be completed. Comments shall be included on the Certificate of Training indicating that the training received was for use of the CleanSpace EX PAPR.