1/28/2022
In the matter of PETITION FOR MODIFICATION
Buchanan Minerals, LLC
Buchanan No. 1 Mine
Mine I.D. No. 44-04856 Docket No. M-2021-022-C
PROPOSED DECISION AND ORDER
On May 28, 2021, Buchanan Minerals, LLC, filed a petition seeking modification of the application of 30 C.F.R. § 75.507-1(a) to its Buchanan Mine #1 located near Raven, Buchanan County, 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,
(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 Powered Respirator.
The petitioner states that:
1. The 3M Airstream helmet has been used in mines for over 40 years. 3M has recently faced component disruptions and caused 3M to discontinue the Airstream on June 1, 2020. Currently, there are no available replacement positive pressure air-purifying respirators (PAPRs) that meet the MSHA standard for permissibility. PAPRs provide a constant flow of filtered air, which offers respiratory protection and comfort in hot working environments. Operators that were using the Airstream, do not have an alternative that provides equivalent respiratory protection for its miners.
2. The proposed CleanSpace EX Powered Air Purifying Respirator is UL certified to the ANSI/UL 60079-11 standard and can be used in hazardous locations because it meets the intrinsic safety protection level. The product is
not MSHA approved and the manufacturer is not pursuing approval. The standards for the approval of these respirators are an accepted alternative to MSHA’s standards and provide the same level of protection.
3. The proposed CleanSpace EX Powered Air Purifying Respirator uses a lithium polymer battery that is not detachable from the electrical circuit. It charges as a complete unit. The PAPR unit allows more comfort and it can be easily disassembled and cleaned. The product has a NIOSH approved high- capacity, high efficiency (HEPA) particulate/vapor filter for a half mask and a HEPA particulate filter for the full facemask. The product does not impair vision or communication. The product allows for the miner to simultaneously wear the issued hardhat with a headlamp. The product uses technology placing the filter housing and fan assembly above the shoulders to reduce ergonomic restrictions, freeing the miner from wearing the fan and filter unit around the waist. There are no hose attachments to the unit, which could create additional hazards.
The petitioner 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. The “CleanSpace EX” units will be charged outby the last open crosscut and will utilize the manufacturer approved battery charger.
3. A qualified person as defined in 30 C.F.R. § 75.151 shall monitor for methane in the same fashion as required for the mandatory standards for the subject area of the mine.
4. Employees will be trained on proper use and maintenance of the units according to manufacturer guidelines.
5. All qualified persons and miners affected shall receive specific training on the terms and conditions of the 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.
6. 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.
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 Buchanan Minerals, LLC, Buchanan No. 1 Mine between June 22, 2021 and June 24, 2021. The investigation report states that this petition has been identified as an alternative method that will provide a measure of protection equal to or greater than the standard.
The Buchanan No. 1 Mine has 15 shaft openings into the Pocahontas No. 3 coal seam. The mine is ventilated with 6 fans producing 2,370,041 cubic feet per minute of air quantity. The mine liberates approximately 7,698,112 cubic feet of methane within 24 hours. The mine has ten Mechanized Mining Units (MMU) and one active longwall section. There are a total of 470 underground miners as of June 23, 2021. The miners are not represented by a labor union and there are no miner’s representatives.
On June 23, 2021, there were approximately 55 miners on all three shifts that were solicited and their comments taken. All miners contacted were in favor of trying the CleanSpace EX Powered Respirator. The miners stated it would be a great benefit to filtering out the dust and would be much easier to breathe, as compared to the mask currently being used. They said if the unit was available to them, they would not have to choose between congestive heart failure and black lung, because their current mask is hard to breathe through and they can’t always wear it.
There were only a few concerns voiced during the investigation as follows: (1) visibility through the lens if it gets scratched; (2) wearing prescription safety glasses while using the units; (3) comfort of the unit; (4) charging the PAPR units; and (5) obtaining replacement parts.
Of the 55 miners that were solicited for comments, there were eight supervisors, five safety personnel and three section foremen. There were no negative comments from anyone. All stated that it would be a great asset to the miners in certain areas of the mine where dust concentrations are highest. Every miner is affected by this petition.
Intrinsic Safety
Information regarding the UL listing for the CleanSpace EX PAPR was previously submitted to the MSHA Approval and Certification Center (A&CC). At that time a review was requested for the use of this unapproved PAPR 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 US mines. The IEC certification marking that applies to mining, Ex ia I Ma, is discussed below:
2. 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. This rating exceeds the minimum rating of IP54 required by the ANSI/UL and IEC standards for intrinsically safe mining equipment.
Electromagnetic Interference Investigation
On August 18, 2021 MSHA investigators performed tests to determine if there were any electromagnetic interferences between the CleanSpace EX Powered Respirator and any other electrical equipment or other electrical components worn by the miners at this mine. The tests were conducted on the 10 East Right Continuous Mining Machine section. This section uses a Joy Continuous Mining Machine (CMM) (Model: 14CM09; SN: JM5655B) with a Strata Proximity Detection System, methane monitor and remote control. Tests were conducted with the CleanSpace EX in various orientations and distances away from the electrical devices to determine if there were any electromagnetic interferences caused by the CleanSpace EX.
In addition to the CMM and its components, tests were conducted on electrical devices typically worn by the miners on the section. The devices were tested individually and with as many devices as could be practically worn by one miner in order to determine any cumulative effects. The equipment was tested at distances ranging from 0 inches to 4 feet. The CleanSpace EX Powered Respirator had no effect on the performance of any of the devices. A summary of the equipment tested is identified in Table 1 as follows:
Table 1
|
Item |
Mfr. |
Model No. |
PAPR Interference? |
|---|---|---|---|
|
Strobe Light |
Grace Industries Inc. |
2013M |
No |
|
Multi- Gas Detector |
MSA Altair |
Altair 4X |
No |
|
Mine Radio |
Kenwood |
NX-303 |
No |
|
Corded Caplamp |
Koehler Permissible Caplamp Systems |
19A040001-0 |
No |
|
Cordless Caplamp |
Koehler Permissible Caplamp Systems |
19A110001-0 |
No |
|
Methane Monitor |
CSE |
140B-LD |
No |
|
Continuous Miner Remote |
Joy |
5100038719 2G-4096-0 |
No |
|
CPDM |
Thermo |
3700-A1 |
No |
|
Dust Pump |
Escort Elf |
497701 |
No |
|
Mine Phone |
Pyott Boone |
9B-71-4 113 |
No |
|
Proximity Devices |
Strata |
PAD02-CL HA-PAD-2100 |
No |
Conclusion: During functionality testing, the investigator did not observe any apparent electromagnetic interference or performance issues between the CleanSpace EX PAPR and the above-listed equipment provided by the mine operator.
Based on the investigations discussed above, MSHA determined that the CleanSpace EX PAPR 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.
On the basis of the petition and the findings of MSHA’s investigation, Buchanan Minerals, LLC is granted a modification of the application of 30 C.F.R. § 75.507-1(a) to its Buchanan No. 1 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 Buchanan Minerals, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.507-1(a) in the Buchanan No. 1 Mine is hereby:
GRANTED, for the operator who may use 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 CleanSpace EX PAPR in accordance with established manufacturer guidelines. This training shall alert the affected employee that the CleanSpace EX PAPR is not approved under 30 CFR 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 this PAPR. 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 CleanSpace EX PAPR, including the power unit assembly and 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 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 “blocked filter” alarm on the CleanSpace EX PAPR. Examination entries may be expunged after one year.
4. 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 PAPRshould include any indications of physical damage.
5. The operator is to ensure that all 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 CleanSpace EX PAPR units, that will be used in the 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 CleanSpace EX PAPR in the 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 CleanSpace EX PAPR in the return air outby 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 methane. When 1.0 percent or more of methane is detected while the CleanSpace EX PAPR is being used, 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 internal batteries within the power unit assembly must be charged sufficiently so that they are not expected to be replaced on that shift.
13. The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:
i. The CleanSpace EX Power Unit may not be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.
ii. The CleanSpace EX internal battery, contained within the power unit assembly, shall only be charged in areas located outby the last open crosscut and only manufacturer’s recommended battery chargers may be used such as the CleanSpace EX Battery Charger, Product Code PAF-0066.
iii. The CleanSpace EX power unit, which contains the internal battery, must not be exposed to water or allowed to get wet or immersed in liquid. This does not preclude incidental exposure of the power unit assembly.
iv. The CleanSpace EX PAPR unit, 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 or used or stored near a source of heat.
v. The CleanSpace EX PAPR’s internal battery shall 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 power unit, which contains the internal battery, must be replaced and the depleted power unit 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 CFR § 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.
16. All personnel who will be involved with or affected by the use of the 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 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 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 28th day of January, 2022, to:
Mr. Keith Sigmon
Superintendent Buchanan Minerals, LLC
P.O. Drawer L
Oakwood, Virginia 24631
keith.sigmon@coronadous.com
Robert S. Roark
Mine Safety and Health Specialist
cc: Mr. Marshall R. Moore,
Chief Mine Inspector,
Department of Mines,
Minerals and Energy (DMME),
3405 Mountain Empire Rd.,
P.O. Drawer 900,
Big Stone Gap, VA 24219
DmInfo@dmme.virginia.gov