3/31/2022
In the matter of PETITION FOR MODIFICATION
Consol Mining Company, LLC
Itmann No. 5 Mine
Mine I.D. No. 46-09569 Docket No. M-2021-019-C
PROPOSED DECISION AND ORDER
On October 13, 2020, Consol Mining Company, LLC filed a petition seeking modification of the application of 30 C.F.R. § 75.507-1(a) at its Itmann No. 5 Mine in Wyoming County, West Virginia. 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 (PAPR) in return air outby the last open crosscut.
Specifically, the petitioner is requesting to utilize the CleanSpace EX Powered Air Purifying Respirator (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 its continuous, mechanized mining unit MMU 001-0 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; 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.
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
MSHA investigators conducted an investigation of the Consol Mining Company, LLC’s Itmann No. 5 Mine on July 29, 2021. Following verification that the petitions for modification were properly posted on the mine’s bulletin board, 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 September 27, 2021, to conduct electromagnetic interference tests on commonly used underground electrical equipment. ltmann No. 5 Mine is not a union operation and a representative of the miners was not selected. Granting this Petition for Modification would affect all miners.
Those participating at the initial meeting are as follows:
|
Name |
Company |
Position |
|---|---|---|
|
Todd Moore |
Consol Mining Co. |
Consol Vice Pres. Safety |
|
Jackie Ratliff |
ltmann No. 5 Mine |
General Manager |
|
Robert Ortiz |
ltmann No. 5 Mine |
Safety Manager |
|
Edward Pritt |
ltmann No. 5 Mine |
Continuous Miner Operator |
|
Jason Farmer |
ltmann No. 5 Mine |
Shuttle Car Operator |
|
Greg Ward |
Mine Safety and Health Adm. |
Electrical Supervisor |
|
Robert Maynard |
Mine Safety and Health Adm. |
Electrical CMI |
|
Tracy Calloway |
Mine Safety and Health Adm. |
Pineville District Staff Assistant |
|
John lmms* |
CleanSpace Representative |
Sales Representative |
|
Charles Cellini* |
3M Representative |
Service Tech |
|
Lance Eaton* |
3M Representative |
Service Tech |
*Via teleconference on 9/27/2021
The Itmann No. 5 Mine mines bituminous coal from the Pocahontas No. 3 seam, using its continuous mining unit MMU 001-0. The average mining height is 60 inches. The mine is ventilated with a blowing fan manufactured by Clarage. This fan, which is powered by a 1,000 Hp motor that operates at 4,160 volts, is providing 288,020 CFM air to the mine and has an overall capacity of 500,000 CFM. There are currently no backup fans. The Itmann No. 5 Mine liberates in excess of 16,000 cubic feet of methane per 24 hours.
The mine employs 24 employees, including supervisory personnel and support personnel on the surface. The mine operates one 9-hour long production shift with 12 underground miners, and one 9-hour long maintenance shift with 7 underground
miners, five days per week, Monday through Friday, with an occasional Saturday shift as mine needs dictate. Current coal production averages 974 tons per shift. Conveyor belts transport the coal out of the mine; diesel-powered mantrips are used to transport miners in and out of the mine.
As stated in the proposed petition for modification, 3M plans to discontinue the Airstream helmet. The mine proposes in the petition to use the CleanSpace EX and the 3M Versaflo TR-800 PAPRs to maintain a high level of respiratory protection.
As listed above, three management representatives were present during the investigation: Consol’s Vice President of Safety, the mine’s General Manager, and the mine’s Safety Manager. They expressed the company’s desire to provide the miners with a continued high level of protection and give individual miners the choice about if and which PAPR to use. If approved, a PAPR will be provided to any miner who requests to use one, including continuous miners, shuttle car operators, roof bolters, those working in airways, and rock dusting. Further, since quartz has occasionally been encountered in the past, PAPRs will provide extra protection against silica exposure.
There were no Representatives of Miners at the mine, however the petition and the equipment were discussed with two miners, a continuous miner operator and a shuttle car operator. Both said they were in favor of obtaining the units, and said they would wear them, but not necessarily at all times. Both favored the 3M Versaflo TR-800 over the CleanSpace EX because the former is smaller and lighter and would work better with the 60-inch mine height.
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 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 September 27, 2021, MSHA investigators traveled underground to the 001-0 MMU working section to test for electromagnetic interference between PAPRs and electrical equipment typically worn, carried or operated by miners on the continuous miner section. Mine personnel provided the electrical equipment used in this testing. Mining conditions on the section were an approximate 60-inch 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 separate 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 table below shows the results of that investigation.
|
Electrical Equipment and Manufacturer PAPR Interference |
|||
|---|---|---|---|
|
Matrix Proximity |
lntellizone Proximity device Model MX3-IZ locator |
No |
No |
|
Industrial Scientific Multigas Detector |
Altair X4 |
No |
No |
|
CSE Methane Detector |
102LD |
No |
No |
|
Kenwood Transceiver Radio |
TK-390 |
No |
No |
|
Tracking device |
MX#-12 Locator |
No |
No |
|
Koehler Permissible Caplamp system |
08209 |
No |
No |
|
CSE Methane Detector |
140B-LD |
No |
No |
|
Joy Continuous Miner remote controlbox |
14/15 Model Continuous Miner |
No |
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, 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, MSHA notes that the 3M Versaflo
TR-800 has a “high filter load” alarm, and the CleanSpace EX PAPR has a 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 Mining Company, LLC is granted a modification of the application of 30 C.F.R. § 75.507-1(a) at its Itmann No. 5 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 Mining Company, LLC’s Petition for Modification of the application of
30 C.F.R. § 75.507-1(a) in the Itmann No 5. 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 the 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 3M Versaflo TR-800 and the CleanSpace EX PAPRs 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 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 methane. When 1.0 percent or more of 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 electronic means this 31st day of March, 2022.
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: Eugene White, Director
Office of Miners' Health Safety & Training #7 Players Club Dr., Suite 2Charleston WV 25311
Eugene.E.White@wv.gov