10/28/2021
In the matter of: Petition for Modification
Mountain Coal Company,
LLC West Elk Mine
I.D. No. 05-03672 Docket No. M-2021-008-C
PROPOSED DECISION AND ORDER
On April 6, 2021, a petition was filed seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § located in Somerset, Gunnison County, Colorado. 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.) § 75.500(d) states, in relevant part,
(d) All other electric face equipment which is taken into or used inby
the last open crosscut of 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 or inby the last open crosscut.
Specifically, the petitioner is requesting to utilize the 3M VersafloTM TR-800 PAPR.
The Petition for Modification states in Item 5C: “West Elk Mine is applying to allow for non-MSHA approved PAPRs to protect miners from exposure to respirable dust during regular longwall mining operations, giving miners the opportunity to reduce dust exposure, decreasing health risks. Item 5J further states: “The product will not be used in continuous miner sections alongside proximity detection systems.”
use the 3M Versaflo TR-800 PAPR only in the regular longwall mining operations and excluding use of the PAPR in continuous miner sections, a modification of the application of 30 Code of Federal Regulations (30 C.F.R.)§ 75.500(d) is not applicable.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Mountain Coal Company, LLC's Petition for Modification of 30 CFR § 75.S00(d) at the West Elk Mine is hereby:
DISMISSED.
Any party to this action desiring a heating on this matter must file in accordance with 30 C.F.R. § 44.14 within 30 days. The request for hea1ing 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 concerning 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 at issue 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 Order of Dismissal will become final.
Stephen J. Gigliotti
Chief, Division of Safety
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 8th day of November, 2021, to:
Mr. Timothy Fraser,
Safety Manager
Mountain Coal Company, LLC
5174 Highway 133
Somerset, Colorado 81434
tfraser@archrsc.com
Robert S. Roark
Mine Safety and Health Specialist
cc: Mr. Bill York-Feirn, Chief Inspector, Division of Reclamation,
Mining and Safety, Mine Safety and Training Program,
1313Sherman Street, Room 215, Denver, CO 80203
bill.york-feirn@state.co.us