11/28/2022
In the matter of: Petition for Modification
Bronco Utah Operations, LLC.
Emery Mine
I.D. No. 42-00079 Docket No. M-2021-041-C
PROPOSED DECISION AND ORDER
On December 1, 2021, Bronco Utah Operations, LLC., filed a petition seeking a modification of the application of 30 C.F.R. § 75.1909(b)(6) to its Emery Mine located in Emery County, Utah. The Petitioner proposes an alternative method outlined in the petition that will at all times guarantee no less than the same measure of protection afforded by the standard.
The standard reads, in relevant part,
(b)(6) Service brakes that act on each wheel of the vehicle and that are designed such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in a complete loss of service braking capability;
The petitioner proposes an alternate method of modifying the equipment and providing additional training, in lieu of installing brakes on the front two wheels.
On January 13, 2022, 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 a 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
Bronco Utah Operations, LLC has operated the Emery Mine since December 2015. The Emery Mine is located at 550 South Hwy 10 Consol Road, approximately four miles south of the town of Emery in Emery County, Utah. The mailing address for the mine is P.O. Box 527, Emery, Utah 84522.
There are currently four active mechanized mining units at Emery Mine. The mine has approximately 170 employees; 140 underground and 30 surface personnel, including office personnel. The mine operates with two production shifts, working five days a week. They also have a small downshift crew working on the weekends. The Emery Mine is currently mining the I seam which is 102 inches (8.5 feet) high. Their current production at the mine is approximately 5000 tons per day. The mine uses electric equipment and electric shuttle cars in the active mining sections, and conveyor belts to transfer products to the surface. Diesel-powered personnel carrier and trucks transport the miners in and out of the underground coal mine.
There is no representative of miners at the mine; however, the investigator discussed the petition with miners working in the outby areas of the coal mine. The investigator explained the petition for modification process and stipulations to the miners. There were no questions or concerns from the miners, and they all favored the petition. The investigator interviewed the following four management and three hourly employees regarding the proposed petition: Brain Fredrickson, President; Adrian Childs, Superintendent; Keith Jensen, Safety Manager; Christine Jensen, Safety Representative; Greg Jensen, Outby Mechanic; Christian Swearengin, Outby hourly; and Rick Hardee, Outby hourly.
§ 75.1909(b)(6) provides that all self-propelled non-permissible diesel-powered equipment must have, in addition to all other requirements, service brakes that act on each wheel of the vehicle such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in complete loss of service braking capability.
The petitioner proposes the following alternate method in lieu of the front wheel brakes on the Getman Roadbuilder, Model RGD-1504 (Serial Number 6946), for use at the Emery Mine.
1. The machine will be modified to assure that the maximum speed on the diesel grader shall be limited to 10 mph by:
• Permanently blocking out any gear ratio that provides higher speeds. The device must limit the vehicle speed in both forward and reverse; and
• Using transmission(s) and differential(s) geared in accordance with the equipment manufacturer that limit(s) the maximum speed to 10 mph.
2. The Grader Operators will be trained to recognize:
• Appropriate levels of speed for different road conditions and slopes.
• When to lower the moldboard (grader blade) to provide additional stopping capability in emergencies; and
• Recognize the transmission gear blocking device, or method, and its proper application and requirements.
During the investigation it was determined the grader is a low-profile grader with an overall height of approximately 5 ½ feet, limiting the operator’s visibility during operation. The grader has two cameras installed, one on the passenger side and one on the rear side of the machine. The two cameras are essential for the safe operation of this machine. Therefore, the maintenance of the two cameras must be maintained in operable condition.
The investigator found that without the cameras, the operator would not see well outside of the machine’s cab to be fully aware of their surroundings. The operator would not know when to use the moldboard (grader blade) in an emergency if the cameras are not being used or do not function. The miners tasked trained to operate the Getman Roadbuilder, Model RGD-1504 (Serial Number 6946) must be trained in the proper operation of the cameras. The cameras allow the operator to see blind spots to know when to apply the brakes and the moldboard (grader blade). The cameras limit the grader operator’s depth perception; therefore, all miners need to be trained to give the grader operator the right of way and to stay clear of the Getman Roadbuilder, Model RGD-1504 (Serial Number 6946) while it is in use.
The alternative method proposed by Bronco Utah Operations, LLC. (as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.1909(b)(6). The diesel grader will be equipped with devices that limit speed to 10 mph and the grader operator(s) will be trained to lower the grader blade in emergency conditions to stop the grader.
These terms and conditions will provide an equivalent level of safety to the standard requirement that each wheel of the grader be equipped with service brakes.
On the basis of the petition and the findings of MSHA's investigation, Bronco Utah Operations, LLC. is granted a modification of the application of 30 C.F.R. § 75.1909(b)(6) to its Emery 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 Bronco Utah Operations, LLC.’s Petition for Modification of the application of 30 C.F.R.
§ 75.1909(b)(6) in the Emery Mine is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. This Proposed Decision and Order is limited in application to the diesel- powered, six-wheeled Getman Roadbuilder, Model RGD-1504 (Serial Number 6946).
2. The maximum speed on the diesel grader shall be limited to 10 mph by:
(a) Permanently blocking out any gear or any gear ratio that provides higher speeds. The device must limit the vehicle speed in both forward and reverse; and
(b) Using transmission(s) and differential(s) geared in accordance with the equipment manufacturer that limit(s) the maximum speed to 10 mph.
3. Prior to implementing the alternative method:
(a) The diesel graders must be inspected by MSHA to determine compliance with the terms and conditions of the Proposed Decision and Order.
(b) Grader operators must be trained to recognize appropriate levels of speed for different road conditions and slopes.
(c) Grader operators must be trained while using the cameras to lower the moldboard (grader blade) to provide additional stopping capability in emergencies. Training must also include when to apply the brakes when using the cameras.
(d) Grader operators must be trained to recognize the transmission gear blocking device and its proper application and requirements.
(e) All miners must be trained to give the grader operator the right of way while the grader is in use.
4. The two cameras installed on the Getman Roadbuilder, Model RGD-1504 (Serial Number 6946), one on the passenger side and one on the rear side of the machine must always be maintained in operable condition for the grader to be used. If either of the cameras are not functioning properly the grader must be taken out of service and the camera(s) repaired.
5. The grader must comply with all other applicable requirements of the Federal Mine Safety and Health Act of 1977 and the applicable requirements of 30 C.F.R. Parts 75 and 77.
Within 60 days after this Proposed Decision and Order becomes final, the Petitioner must submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Mine Safety and Health Enforcement District Manager. These revisions must specify initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order.
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 22202-5452.
If a hearing is requested, the request must 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 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,
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 prepaid, or provided by other electronic means this day of 28th November 2022, to:
Mr. Keith Jensen
Safety Manager
Bronco Utah Operations, LLC / Emery Mine
P.O. Box 527 Emery,
Utah 84522
kjensen@broncoutah.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