05/06/2022
In the matter of PETITION FOR MODIFICATION
Consol Pennsylvania Coal Company, LLC
Enlow Fork Mine
Mine I.D. No. 36-07416 Docket No. M-2021-016-C
PROPOSED DECISION AND ORDER
On April 28, 2021, Consol Pennsylvania Coal Company, LLC filed a petition seeking modification of the application of 30 C.F.R. § 75.507-1(a) at its Enlow Fork Mine in Washington County, Pennsylvania. 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.) § 75.507-1(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 except as provided in paragraphs (b) and (c) of this section.
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, and the 3M Versaflo TR-800 Intrinsically Safe PAPR motor/blower and battery with battery pack.
The petitioner states that:
1. It currently uses the 3M Airstream Headgear-Mounted PAPR System to provide a constant flow of filtered air to protect miners in its one longwall sections, one main development sections, and three development sections, against potential exposure to respirable coal mine dust during normal mining conditions in return air outby the last open crosscut. The approved 3M Airstream is being discontinued by the manufacturer, no replacement components will be available and there are no other MSHA-approved units.
2. The 3M Versaflo TR-800 PAPR with motor/blower and battery qualifies as intrinsically safe, based on reports by the International Electrotechnical Commission Systems for Certification to Standards Relating to Equipment for Use in Explosive Atmospheres (IECEx). The blower is UL-certified with an intrinsically-safe rating of Division 1: Class I, II, III; Division 1: Groups C, D, E, F, G; T4 under the current standard of UL 60079; ATEX-certified with a rating of “ia”. The 3M Versaflo TR-800 is rated and marked Ex ia I MA, Ex ia IIB T4 Ga, Ex ia IIIC 135oC Da; 120oC≤TA≤+55oC.
3. The CleanSpace EX PAPR also qualifies as intrinsically safe.
4. Both the CleanSpace EX and 3M Versaflo TR-800 PAPRs provide a constant flow of air inside the headtop or helmet. This airflow provides respiratory protection and comfort in hot working conditions.
5. Neither the 3M Versaflo TR-800 nor the CleanSpace EX PAPR is MSHA- approved as permissible, and neither 3M nor CleanSpace is pursuing MSHA approval.
6. 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 mandatory standard.
The petitioner’s alternative method addresses training, inspections, examinations and records, servicing, continuous monitoring for methane and procedures when 1.0 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 3M Versaflo TR-800 and 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.
During the site investigation, mine personnel verbally requested that when methane is detected in concentrations of 1.0 percent or more, the PAPRs need to be removed to fresh air, not from return air. This requested change is not included as a permitted practice of this Order.
MSHA personnel 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 a careful review of the entire record, including the petition and MSHA's investigative report, the Administrator issues this Proposed Decision and Order.
Findings of Fact and Conclusions of Law
Consol Pennsylvania Coal Company, LLC submitted a total of nine similar Petitions, three of which addressed comparable areas in each of their Harvey, Bailey, and Enlow Fork mines. The environmental conditions, coal seam, and equipment used are the same at all three mining operations, therefore some of the meetings and investigations were conducted at one mine as representative of all three. The initial meeting was held at the Bailey Mine on July 21, 2021. The investigation included an item-by-item review of the proposed petition, equipment manufacturers’ user instructions, the 3M Versaflo TR-800 and the CleanSpace EX brochures, and an onsite mine visit. A follow-up mine visit was made on October 27, 2021, at the Harvey Mine to conduct electromagnetic interference tests on commonly used underground electrical equipment. The Enlow Fork Mine is a non-union operation; the mine’s Safety Supervisor acts as the representative of the miners. Granting this Petition would affect all miners.
Those participating in the July 21, 2021, initial meeting at the Bailey Mine were: Consol Pennsylvania Coal Company, LLC
Todd Moore, Corporate Vice President of Safety
Adam Roman, Safety Supervisor (Harvey Mine) Mike Tennant, Safety Supervisor (Bailey Mine) Frank O’Brien, Safety Supervisor (Enlow Fork Mine) Owen Coffman, Dust Coordinator (Bailey Mine)
Mine Safety and Health Administration (MSHA)
Jason Tungate, MSHA Inspector (Electrical), Mount Pleasant District
MSHA personnel participating in the October 27, 2021, follow-up investigation in the 5B longwall section and the 4B continuous mining section at the Harvey Mine in Greene County, Pennsylvania, were:
Jason Tungate, MSHA Electrical Inspector, Mount Pleasant District Nicholas Fallova, MSHA General Engineer, Applied Engineering Division Brandon Boring, MSHA General Engineer, Applied Engineering Division
The Enlow Fork Mine mines coal in the Pittsburgh coal seam. The average mining height is seven feet, with mining performed in generally dry conditions with an occasionally wet floor. The mine currently has five working sections; there is one longwall section, one main development section employing continuous mining units, and three development sections, also using continuous mining units. The mine produces approximately 22,000 tons of coal per day. Coal is transported from the working sections to the surface by conveyor belts.
The Enlow Fork Mine liberates in excess of 11 million cubic feet of methane per 24 hours.
The mine is ventilated by four fans, listed below by shaft identification.
1. 3 North 4… Jeffrey, model 8HUA 117-66, 117-inch diameter, 2,000 hp and 880 rpm. This fan operates at approximately 11.4 inches of water gauge and moves 549,300 cfm.
2. Archer 8 North… Joy, model M96-58-1180, 86-inch diameter, 2,500 hp and 1,183 rpm. This fan operates at approximately 14.7 inches of water gauge and moves 749,050 cfm.
3. H1 Bleeder… Clarage, model AFS 130, 111-inch diameter, 2,000 hp and 895 rpm. This fan operates at approximately 19.9 inches of water gauge and moves 250,000 cfm.
4. Sparta 4 North 1… Clarage, model AFS 130, 111-inch diameter, 2,000 hp and 895 rpm. This fan operates at approximately 25.1 inches of water gauge and moves 356,750 cfm.
The mine employs approximately 349 employees, including supervisory personnel. Of these, 325 miners work underground and 24 work on the surface. The mine operates two production shifts per day, five days per week, morning and afternoon, Monday through Friday. These two shifts are followed each weekday by one midnight maintenance shift with approximately 60 miners working. Miners are transported in and out of the mine using diesel-powered mantrips.
As listed above, five management or supervisory representatives were present during the investigation. They expressed the company’s desire to continue to provide the miners with PAPR protection that had previously been provided by the 3M Airstream helmet. If the petitions are approved, the current plan is to purchase one brand of PAPR, either the 3M Versaflo or the CleanSpace EX, and provide a PAPR to all miners who request one.
Mr. Frank O’Brien, Safety Supervisor, acts as the Representative of Miners. He participated in the initial investigation and had no special comments. MSHA interviewed a representative number of miners at the Bailey Mine regarding the Petition for Modification. In summary, the miners know there are issues getting replacement parts for the Airstreams, and said they would like to try both of the newunits in the work environment. One miner said that the 3M unit seems heavy considering the miners are wearing a belt, light, and self-rescuer. The miners also said that the 3M unit looks robust enough to be able to provide sufficient air while they are working. Overall, the miners are pleased that Consol is pursuing a replacement for the Airstream because they need something to use that is better than a basic nose and mouth respirator. When the new PAPRs are provided, they will use them every day.
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 3M Versaflo TR-800 and 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 3M Versaflo TR-800 PAPR 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.
2. 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 3M Versaflo TR-800 and the CleanSpace EX meet the applicable “two fault” intrinsic safety requirements for mining equipment as found in the ANSI/UL standard.
The 3M Versaflo TR-800 carries an ingress protection rating of IP64. The CleanSpace EX carries an ingress protection rating of IP66. Both ratings exceed the minimum rating of IP54 required by the ANSI/UL and IEC standards for intrinsically safe mining equipment.
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. On October 27, 2021, MSHA investigators traveled underground to the 5B longwall section and the 4B continuous mining section at the Harvey Mine to test for electromagnetic interference between PAPRs and electrical equipment typically worn, carried or operated by miners on the working sections. Mine personnel provided the electrical equipment used in this testing. Mining conditions on the section were an approximate seven-foot mining height and a wet mine floor.
The PAPRs tested were a 3M Versaflo TR-800 and a CleanSpace EX. The 3M Versaflo TR-800 PAPR electrical components include the pump motor, filter and battery in a pack worn on one’s belt and connected to the helmet and full shield. The CleanSpace EX PAPR electrical components include the pump motor and battery in a pack which rests on the back of one’s neck.
The investigator first performed baseline functionality tests for all electrical equipment, including the PAPRs, by operating them individually and separately from one another. Then, to determine if there were any electromagnetic interference issues, the running PAPRs were positioned in various orientations and at distances ranging from 12 inches to zero inches from miner-worn or -carried battery powered electrical equipment.
The tables below show the results of that investigation.
|
Equipment |
Manufacturer & Model |
PAPR Interference EX
CleanSpace EX |
3M Versaflo |
|---|---|---|---|
|
Communication |
Kenwood - TK-390 Radio |
No |
No |
|
Tracking System |
Strata CommTrac – C202 Miner Communicator |
No |
No |
|
Cordless Cap Lamp |
Wisdom – Wise Lite 2 |
No |
No |
|
CPDM |
Thermo Fisher Scientific – PDM 3700 |
No |
No |
|
Gas Detector |
MSA - Altair |
No |
No |
|
Continuous Miner Remote |
Joy – Part No. 100280304 |
No |
No |
|
PWS MWC |
Strata HazardAvert PAD |
Yes * |
Yes* |
* Interference only when manufacturer recommendations not followed
|
Equipment |
Manufacturer & Model |
PAPR Interference EX
CleanSpace EX |
3M Versaflo |
|---|---|---|---|
|
Longwall Shearer Remotes |
JOY – XR1 |
No |
No |
|
Longwall Shield Control Panel |
Caterpillar – PMC-R |
No |
No |
|
Atmosphere Monitoring System |
Conspec – 2030KP-M |
No |
No |
Proximity Detection System (PDS)
JOY scoops and shuttle cars at the Harvey and Enlow Fork Mines are equipped with Strata HazardAvert proximity detection systems (PDS). The PDS Miner Wearable Component (MWC) used for testing at the Harvey Mine was a Strata Personal Alarm Device (PAD). During testing, investigators found interference between both PAPRs and the PDS MWC. When the MWC was positioned within four inches of either PAPR’s battery pack or motor/blower, the PDS would signal a fault or “S-O-S” pattern on the MWC. This means that the PAD was unable to detect signals from the magnetic field generators when placed within four inches of the running PAPRs. Positioning the equipment in such close proximity contravenes the manufacturer’s operating instructions. When operating or working near mobile machines equipped with PDS, the manufacturer (Strata) recommends a minimum separation distance of six inches between PDS MWCs and other electronic equipment to sufficiently reduce or eliminate interference. Testing revealed that positioning the PAPR at least six inches from the MWC resulted in no interference.
Conclusion: During testing, the investigator did not observe any apparent electromagnetic interference or performance issues between the PAPRs and the equipment tested, except when the MWC was placed within four inches of the PAPR’s battery pack or blower. This condition is not expected to be replicated, accidentally or purposely, in the mine. Training should incorporate the importance of adhering to the PDS manufacturer’s recommendations to avoid interference between the PDS and the PAPR.
Based on the investigations discussed above, MSHA determined that both the 3M Versaflo TR-800 and CleanSpace EX PAPRs can be safely used where permissible equipment is required in return air outby 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, Consol Pennsylvania Coal Company, LLC is granted a modification of the application of 30 C.F.R. § 75.507-1(a) at its Enlow Fork Mine.
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 Consol Pennsylvania Coal Company, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.507-1(a) at the Enlow Fork Mine is hereby:
GRANTED, for the operator who may use the 3M Versaflo TR-800 Powered Air Purifying Respirator (PAPR), and/or the CleanSpace EX PAPR in return air outby 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 3M Versaflo TR-800 and/or the CleanSpace EX, in accordance with established manufacturer guidelines. This training shall alert the affected employee that neither the 3M Versaflo TR-800 nor the CleanSpace EX PAPR is 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 these PAPRs. In addition to manufacturer guidelines, MSHA will require that mine employees be trained to inspect the units before use to determine if there is any damage to the units 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 Versaflo 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 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 “high filter load alarm” on the 3M Versaflo TR-800 PAPR, and the “blocked filter” alarm on the CleanSpace EX PAPR. Examination entries may be expunged after one year.
4. All 3M Versaflo TR-800 and CleanSpace EX PAPRs to be used in return air outby 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 examinations for the 3M Versaflo 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.
All CleanSpace EX PAPRs to be used in the return air outby 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 all 3M Versaflo TR-800 and CleanSpace EX PAPR units are serviced according to the manufacturer's recommendations. Dates of service shall be recorded in the equipment's log book and shall include a description of the work performed.
6. The 3M Versaflo TR-800 and CleanSpace EX PAPR units that will be used in return air outby 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 3M Versaflo TR-800 or the CleanSpace EX PAPR in return air outby 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 3M Versaflo TR-800 or CleanSpace EX PAPR in return air outby the last open crosscut.
10. Neither the 3M Versaflo TR-800 nor the CleanSpace EX PAPR shall 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 3M Versaflo TR-800 or CleanSpace EX PAPR is being used, the equipment shall be de-energized immediately and the equipment withdrawn from the return.
11. Use only 3M TR-830 Battery Pack, which meets lithium battery safety standard UL 1642 or IEC 62133, in the 3M Versaflo 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.
12. Before each shift when the 3M Versaflo TR-800 or 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. If spare battery packs for the 3M Versaflo
TR-800 PAPR are provided, all battery “change outs” must occur in intake air outby the last open crosscut.
13. The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:
i. Neither the 3M TR-830 Battery Pack nor the CleanSpace EX Power Unit may be disassembled nor modified by anyone other than permitted by the manufacturer of the equipment.
ii. The 3M TR-830 Battery Pack shall be charged only in an area free of combustible material, readily monitored and located on the surface of the mine. The 3M TR-830 Battery Pack shall be charged only by a manufacturer’s recommended battery charger, such as the:
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 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 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.
iv. Neither the 3M TR-830 Battery Pack nor the CleanSpace EX power unit which contains the internal battery, shall be exposed to water, allowed to get wet or immersed in liquid. This does not preclude incidental exposure of the 3M TR-830 battery pack or the CleanSpace EX power unit assembly.
v. Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX PAPR, including the internal battery, shall be used, charged or stored in locations where the manufacturer’s recommended temperature limits are exceeded. Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX PAPR shall be placed in direct sunlight nor stored near a source of heat.
vi. Neither the 3M TR-830 battery pack nor the CleanSpace EX PAPR’s internal battery shall 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 3M TR-830 battery pack and the CleanSpace EX power unit containing the internal battery must be disposed of properly.
14. Personnel engaged in the use of the 3M Versaflo 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 Versaflo 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 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 3M Versaflo TR-800 or CleanSpace EX PAPR.
16. All personnel who will be involved with or affected by the use of the 3M Versaflo 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 Versaflo 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 Versaflo 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 bulletin board at the mine.
Timothy R. Watkins,
Deputy 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 electric means this 6th day of May, 2022 to:
R. Henry Moore
Patrick W. Dennison
Fisher & Phillips, LLP
Six PPG Place,
Suite 830 Pittsburgh, PA 15222
hmoore@fisherphillips.com
pdennison@fisherphillips.com
L. Harvey Kirk III, CSP
Senior Mine Safety and Health Specialist
cc: Mr. Richard A. Wagner,
P.E., Acting Director,
Bureau of Mine Safety
PA Dept. of Environmental Protection
P.O. Box 133, 131 Broadview Road
New Stanton, PA 15672 rwagner@pa.gov