3/30/2021
In the matter of: Petition for Modification
Canyon Fuel Company LLC Sufco
I.D. No. 42-00089 Docket No. M-2020-030C
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.) § 75.507-1(a) to Petitioner’s Sufco mine located in Sevier County, Utah. 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.) § 75.507- 1(a) states, in relevant part,
(a) All electric equipment, other than power-connection points, used in return air outby the last open crosscut in any coal mine shall be permissible…
Petitioner is requesting a modification of the standard to allow the use of unapproved Powered Air Purifying Respirators (PAPR), in return air outby the last open crosscut. Specifically, the petitioner is requesting to utilize the CleanSpace EX – Full or half mask, CleanSpace2 – Full or half mask, which are both fully NIOSH approved and intrinsically safe, 3M Versaflo TR-800, which is certified by UL under the ANSI/UL 60079-11 standard to be used in hazardous locations and which is intrinsically safe; and the Non-Battery powered 3M Ultimate FX full facepiece respirator mask.
The petitioner states that it currently uses the 3MTM AirstreamTM Headgear- Mounted Powered Air Purifying Respirator (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.
Sufco Mine is proposing the following battery powered (PAPR) units to the current alternative method, so that longwall miners in MMU 001-0 and MMU 007-0 will still be provided a method that provides a direct reduction of miners’
exposure to respirable dust, thus reducing their health risks. The petitioner states all units are intrinsically safe;
1. 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.
2. The CleanSpace EX Power Unit is an intrinsically safe battery-powered, positive pressure air-purifying respirator (PAPR) that is suitable for use in certain ignitable or potentially explosive atmospheres where there is a risk of explosion.
PAF-0060 PAF-0060 CLEANSPACE EX EX PAPR - Current Approvals EN 12942:1998+A2:2008 TM3 (Europe)
SANS 10338: 2009 (NRCS/8072/0090) (South Africa) AS/NZS1716:2012 PAPR-P2
(Australia/NZ)
ISO 9001 (Quality Management System) IECEx: IEC 60079-0:2011 Ex ia I Ma IECEx: IEC 60079-11:2011 Ex ib IIB T4 Gb
IIECEx Quality Assurance: IEC 80079-34:2011
ATEX/EN EX: EN 60079-0:2012 I M1 Ex ia I Ma ATEX/EN EX: EN 60079 11:2012 II 2 G Ex ib IIB T4 Gb
ATEX Quality Assurance: Annex IV of Directive 94/9/EC (ATEX) EMC Standard: CISPR 11: 2010: Group 1 Class B
3. CleanSpace2 – Full or half mask, which are fully NIOSH approved and intrinsically safe
4. Non-Battery powered 3M Ultimate FX full facepiece respirator mask
Terms and Conditions;
a) The batteries for the PAPRs will be charged outby the last open crosscut when not in operation.
b) Batteries will be charged by the following products: 3M battery Charger TR-641N or 3M 4-Station battery charger TR-644N.
c) The 3M Versaflo TR-800 PAPR will only use the 3M TR-830 battery pack.
d) Affected miners will be trained in the proper use and care of the PAPR units in accordance with manufacturers’ instructions.
e) The instrument will be checked for physical damage and the integrity of the case.
f) If methane is detected in concentrations of 1.0 percent or more, procedures in accordance with 30CFR 57.22234 will be followed.
The reason for these models:
•Clean space respirators are an air filtering, fan assisted positive pressure mask which are used in different applications including high dust environments. The clean space respirators are lightweight and compact, no hoses, cables or belt mounted battery packs, no servicing or maintenance, compatibility with PPE, intrinsically safe, few parts and low inventory.
• The 3M Versaflo TR-800 are ergonomically designed for greater movement in tight work spaces , this respirator helps protect against certain airborne contaminates, easy to use and maintain, interchangeable components which will enable Sufco to customize the PARP system to help meet the needs of our specific application, intrinsically safe, audible and visual alarms, multi-speed blower, battery offers long run time and charges quickly, the TR-800 has a ANSI/UL 60079-11 standard to be used in hazardous locations.
• The 3M Ultimate FX full facepiece respirator mask has scotchguard protection lens which cause some liquids to bead up so they can be wiped off easily, large lens provides a wide field of view of visibility, silicone full facepiece design is comfortable, durability and easy to clean, 3M cool flow valve makes breathing easier to provide cool, dry comfort, and the particle filters help filter certain particulates.
The proposed alternate methods will provide no less than the same measure of protection afforded the longwall personnel under the existing standard.
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 Canyon Fuel Company LLC, Sufco mine on November 19, 2020.
The Sufco Mine is located 10 miles North of I-70 Exit 73. 597 South SR 24, Salina, Utah 84654.
The Sufco mine is a typical western drift mine that first opened as the Convolution Canyon Mine in 1941, and is currently owned by Canyon Fuel, LLC. The mine has multiple portals into the Upper Hiawatha Seam, with an average seam height of 12 feet and average mining height of 9 feet. There are 2 longwall MMU’s, 001-0 (idle and stored) and 007-0, which is mining in the 6 Right 6 West panel, and is about 1037 feet long. The mine has several mine fans, as listed below:
1. Fan No. 1: TLT Babcock, model GAF 28/11.8-1, 9.2 ft. diameter, 900 RPM, 1500 HP. Fan No. 1 operates at approximately 8.7” water gauge and 431,000 cfm, half- blade 374,000 cfm.
2. Fan No. 2: Spendrup Axivane Fan, model 335-184-900-A-I, 11 ft. diameter, 890 RPM, 2000 HP, with 1500 HP diesel engine backup. Fan No. 2 operates at approximately 9.0” water gauge and 1,009,000 cfm.
3. West Lease Fan: Spendrup, model 180-070-1200, 5.9 ft. diameter, 1,180 RPM, 200 HP. West Lease Fan is idle, operational is 221,000 cfm.
The mine employs approximately 485 employees. The mine operates multiple shifts, 8.5 hours weekday maintenance, 10 hours swing and graveyard shifts on weekday, and 13.3 hours day and graveyard weekends. Current coal production is about 9,163 tons per day. Conveyor belts transport the coal out of the mine, and diesel powered mantrips are used to transport miners in and out of the mine. The Sufco Mine does not liberate any methane in a 24 hour period. The longwall crew of about 7 persons mines 7 days a week 10 or 13 hours a day.
There were no representative of miners at the mine, however the petition was discussed with several miners.
The petition for modification has been posted on the mine bulletin board.
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.
The CleanSpace EX PAPR Power Unit PAF-0060, is not MSHA approved. The unit 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 US mines. The CleanSpace EX carries an ingress protection rating of IP66. This rating exceeds the minimum rating of IP54 required by the ANSI/UL and IEC standards for intrinsically safe mining equipment.
The CleanSpace EX model PAF-0060 does not have an accessible/removable battery. The battery and motor/blower assembly are both contained within the sealed power pack assembly and cannot be removed or reinserted.
The CleanSpace2 is a complete NIOSH approved respiratory protection system (“respirator”) according to the provided literature on the CleanSpace2 respirator. It is NIOSH approved when used in accordance with its NIOSH approval, the respirator helps reduce exposure to certain particulates. CleanSpace2 does not provide protection against vapors or gases and is not an intrinsically safe system. The petitioner states that this unit is intrinsically safe. No approval information was submitted by the petitioner to substantiate this claim.
According to the literature provided on the CleanSpace2 respirator, it states the following: “CleanSpace2 does not provide protection against vapors or gases and is not an intrinsically safe system. Do not use in flammable or explosive atmospheres. Doing so may result in injury or death.”
NIOSH APPROVAL
CleanSpace2 is a NIOSH-approved respirator system. Refer to these User Instructions and to the NIOSH approval label provided with each CleanSpace2 for a listing of components that can be used to form a NIOSH-approved respirator.
NIOSH CAUTIONS AND LIMITATIONS
A - Not for use in atmospheres containing less than 19.5 percent oxygen. B - Not for use in atmospheres immediately dangerous to life or health.
C - Do not exceed maximum use concentrations established by regulatory standards.
F - Do not use powered air-purifying respirators if airflow is less than four cfm (115 lpm) for tight fitting facepieces or six cfm (170 lpm) for hoods and/or helmets.
I – Contains electrical parts that may cause an ignition in flammable or explosive atmospheres
J - Failure to properly use and maintain this product could result in injury or death.
L - Follow the manufacturer's User's Instructions for changing cartridges, canister and/or filters.
M - All approved respirators shall be selected, fitted, used, and maintained in accordance with MSHA, OSHA, and other applicable regulations.
N - Never substitute, modify, add, or omit parts. Use only exact replacement parts in the configuration as specified by the manufacturer
O - Refer to User's Instructions, and/or maintenance manuals for information on use and maintenance of these respirators.
P - NIOSH does not evaluate respirators for use as surgical masks.
S - Special or critical User's Instructions and/or specific use limitations apply. Refer to User's Instructions before donning.
The CleanSpace2 unit was not available to be inspected during the investigation of this petition for modification. Therefore, according to the provided information on the CleanSpace2 full or half mask, the alternative method proposed by the Petitioner will not at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR § 75.507-1(a).
The petitioned § 75.507-1(a) is for the use of electric face equipment which is used in return air outby the last open crosscut. Therefore, the 3M Ultimate FX full facepiece respirator mask is not applicable. It does not meet the requirements to qualify as a piece of electrical equipment because it does not contain a battery, motor or electric cable.
Electromagnetic Interference (EMI) Investigation
On November 19, 2020, MSHA investigators traveled to the Sufco mine to observe any potential electromagnetic interference issues with the 3M™ Versaflo™ TR- 800 PAPR and the PAF-0060 PAF-0060 CLEANSPACE EX PAPR. The CleanSpace2 full or half mask was not available for inspection during the investigation of this petition for modification. The non-battery powered 3M Ultimate FX full facepiece respirator mask does not have a battery, motor or cable, it uses particulate filters.
Investigators conducted testing by positioning an operating PAPR in various orientations and distances from the site specific miner-worn battery powered electrical equipment as identified in Table 1.
PAPR Interference
|
Strobe Light |
Grace Industries Inc. |
2009M |
No |
|---|---|---|---|
|
Multi-Gas Detector |
Industrial Scientific Corp. |
BFE 46-12/BE 14-17 |
No |
|
Mine Radio |
Mine Site Technolo gies |
23-A100006-0 |
No |
|
Corded Cap lamp |
Koehler Permissible Caplamp Systems |
08209 |
No |
|
Face Phone |
Comtrol Permissible Loudmouth Face Phone |
LM 115 |
No |
|
Mine Phone |
Comtrol Permissible Loudmouth Mine Phone |
9B-71-1 |
No |
|
Methane Monitor |
CSE |
140B-LD |
No |
|
Shear Remote |
Joy |
222612AY108 |
No |
|
Shield Lighting |
Not Identified on light |
LX2L-45-18-4020 |
No |
Conclusion:
During testing, the investigator did not observe any apparent electromagnetic interference or performance issues between the PAPRs and the equipment tested.
Based on the investigations discussed above, technical support has determined that the VersafloTM TR-800 PAPR and the CleanSpace EX PAF 0060 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.
The CleanSpace 2 respirator was not onsite or available to be tested during the investigation of this petition for modification. According to the CleanSpace 2 product brochure the CleanSpace2 does not provide protection against vapors or gases and is not an intrinsically safe system. As per NIOSH approval information, Section I states that the CleanSpace 2 unit contains electrical parts that may cause an ignition in flammable or explosive atmospheres. Doing so may result in injury or death.
The 3M Ultimate FX full facepiece respirator mask does not have a battery, motor or cable. Therefore, the 3M Ultimate FX full facepiece respirator does not meet the requirements of § 75.507-1(a) as a piece of electric face equipment and is not considered to be part of this petition for modification.
On the basis of the petition, the findings of MSHA’s investigation, and the foregoing reasons, the following order is issued.
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 Canyon Fuel Company LLC‘s Petition for Modification of the application of 30 C.F.R. § 75.507-1(a) in the Sufco mine is hereby:
GRANTED, for the operator who may use the 3M VersafloTM TR-800 Intrinsically Safe Powered Air Purifying Respirators (PAPR), and the CleanSpace EX PAPR in return air outby the last open crosscut, subject to the conditions of this Order:
DENIED, for the use of the CleanSpace2 – Full or half mask, and the non-battery powered 3M Ultimate FX full facepiece respirator mask.
Terms and Conditions
1. Affected mine employees must be trained in the proper use and maintenance of the Versaflo™ TR-800 PAPR and the CleanSpaceTM EX PAPRs in accordance with established manufacturer guidelines. This training shall alert the affected employee that neither the Versaflo™ TR-800 PAPR nor the CleanSpaceTM EX is approved under 30 CFR Part 18 and must be de-energized when 1.0 or more percent methane is detected. The training shall also include the proper method to de-energize these PAPRs. In addition to manufacturer guidelines, mine employees are required to be trained to inspect the units before use to determine if there is any damage that would negatively impact intrinsic safety as well as all stipulations in this petition.
2. The PAPRs, battery packs, 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 3M VersafloTM TR-800 and CleanSpace EX PAPRs 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” on the 3M VersafloTM TR-800 PAPR, and the “blocked filter” alarm on the CleanSpace EX PAPR. Examination entries may be expunged after one year.
4. All 3M VersafloTM TR-800 and CleanSpace EX PAPRs to be used in or 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 being used according to the original equipment manufacturer’s recommendations and maintained in a safe operating condition. The examinations for the 3M VersafloTM TR-800 PAPRs shall include:
i. Check the equipment for any physical damage and the integrity of the case;
ii. Remove the battery and inspect for corrosion
iii. Inspect the contact points to ensure a secure connection to the battery;
iv. Reinsert the battery and power up and shut down to ensure proper connections; and
v. Check the battery compartment cover or battery attachment to ensure that it is securely fastened.
vi. For equipment utilizing lithium type cells, ensure that lithium cells and/or packs are not damaged or swelled in size.
The CleanSpace EX PAPR does not have an accessible/removable battery. The battery and motor/blower assembly are both contained within the sealed power pack assembly and cannot be removed, reinserted or fastened. The pre-use examination is limited to inspecting the equipment for indications of physical damage.
5. The operator is to ensure that all 3M VersafloTM TR-800 and CleanSpace EX 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.
6. The 3M VersafloTM TR-800 and CleanSpace EX PAPR units that will be used in return air outby the last open crosscut, 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 they are in compliance with all the terms and conditions of this Order.
Prior to energizing the 3M VersafloTM TR-800 or the CleanSpace EX PAPR used in return air outby the last open crosscut, methane tests must be made in accordance with 30 C.F.R. § 75.323(a).
7. 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.
8. 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 or CleanSpace EX PAPR in or inby the last open crosscut or in areas where methane may enter the air current.
9. Neither the 3M VersafloTM TR-800 nor the CleanSpace EX PAPR shall 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 or CleanSpace EX PAPR is being used, the equipment shall be de-energized immediately and the equipment withdrawn outby the last open crosscut.
10. 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. Use only the CleanSpace EX Power Unit, which meets lithium battery safety standard UL 1642 or IEC 62133, in the CleanSpace EX.
11. The battery packs must be "changed out'' in intake air outby the last open crosscut. Before each shift when the 3M VersafloTM TR-800 or CleanSpace EX PAPR is to be used, all batteries and power units for the equipment must be charged sufficiently so that they are not expected to be replaced on that shift.
12. The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:
i. Always correctly use and maintain the lithium-ion battery packs. Neither the 3M TR-830 Battery Pack nor the CleanSpace EX Power Unit may be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.
ii. 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:
1. 3M Battery Charger Kit TR-641N, which includes one 3M Charger Cradle TR-640 and one 3M Power Supply TR-941N, or, 2. 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.
iii. The CleanSpace EX Power Unit is to be charged only by the CleanSpace Battery Charger EX, Product Code PAF-0066.
iv. The batteries must not be exposed to water or allowed to get wet. This does not preclude incidental exposure of sealed battery packs.
v. 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.
vi. 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.
14. Personnel engaged in the use of the 3M VersafloTM TR-800 and 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 3M VersafloTM TR-800 or CleanSpace EX PAPR. The mine operator shall submit proposed revisions to update the Mine Emergency Evacuation and Firefighting Program of Instruction under 30 CFR § 75.1502.
15. Within 60 days after this Order becomes final, the operator shall submit proposed revisions for it’s 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 3M VersafloTM TR-800 or CleanSpace EX PAPR.
16. All personnel who will be involved with or affected by the use of the 3M VersafloTM TR-800 or CleanSpace EX PAPRs shall receive training in accordance with 30 C.F.R. § 48.7 on the requirements of this Order within 60 days of the date this Order becomes final. Such training must be completed before any 3M VersafloTM TR-800 or CleanSpace EX PAPR can be used in return air outby the last open crosscut.
The operator shall keep a record of such training and provide such record to MSHA upon request.
17. The operator shall provide annual retraining to all personnel who will be involved with or affected by the use of the 3M VersafloTM TR-800 or CleanSpace EX PAPRs in accordance with 30 C.F.R. § 48.8. The operator shall train new miners on the requirements of this Order in accordance with 30 C.F.R. § 48.5, and shall train experienced miners on the requirements of this Order in accordance with 30 C.F.R.§ 48.6. The operator shall keep a record of such training and provide such record to MSHA upon request.
18. The operator shall post this 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.
Unless specifically mentioned herein, nothing in this Order changes or supersedes the requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved plans.
The petitioner shall include the above terms and conditions in the initial and annual refresher training as required in its approved Part 48 training plans to ensure that miners are aware of the stipulations contained in this petition.
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 the 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.
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 paid, or provided by other electronic means this 30th day of March , 2021, to:
Mr. Danny Viers
Safety Manager
Canyon Fuel Company LLC
597 South SR 24
Salina, Utah 84654
dviers@wolverinefuels.com
Mr. Cory Heaps
General Manager of Safety
Wolverine Fuels, LLC
9815 South Monroe
Suite 203
Sandy, UT 84070
cheaps@wolverinefuels.com
Don Braenovich
Mine Safety and Health Specialist
cc: Mr. Justin Barrington, Director, Utah Office of Coal Mine Safety
451 E 400 North Rm 135, Box 6009, Price, UT 84501
jbarrington@utah.gov