07/31/2023
In the matter of Petition for Modification
Greenbrier Minerals, LLC
Saunders Preparation Plant, Mine ID: 46-02140 Elk Lick Tipple, Mine ID: 46-04315
Toney Fork Surface Mine, Mine ID: 46-09101 Powellton #1 Mine, Mine ID: 46-09217 Lower War Eagle, Mine ID: 46-09319 Muddy Bridge, Mine ID: 46-09514
Eagle No. 1 Mine, Mine ID: 46-09563 Elklick Surface Mine, Mine ID: 46-09564
North Fork Winifrede
Deep Mine, Mine ID: 46-09583 Docket No. M-2022-040-C
PROPOSED DECISION AND ORDER
Greenbrier Minerals, LLC filed a petition seeking modification of the application of 30
C.F.R. § 75.1002(a) to its Saunders Preparation Plant, Elk Lick Tipple, Toney Fork Surface Mine, Powellton #1 Mine, Lower War Eagle, Muddy Bridge, Eagle No. 1 Mine, Elklick Surface Mine, and North Fork Winifrede Deep Mine located in Logan and Wyoming Counties, West Virginia. The referenced petition for modification is dated October 18, 2022, and MSHA subsequently acknowledged receipt in a letter dated January 6, 2023. 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.
Greenbrier Minerals, LLC petitioned nine mines, two surface facilities, two surface mines, and five underground coal mines. The petitioned § 75.1002(a) is a mandatory safety standard for underground coal mines and does not apply to surface facilities or surface coal mines. Therefore, onsite investigations at the Saunders Preparation Plant, Elk Lick Tipple, Toney Fork Surface Mine, and the Elklick Surface Mine were not conducted and are addressed in this proposed decision and order.
The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.1002(a) states,
(a) electric equipment must be permissible and maintained in a permissible condition when such equipment is located within 150 feet of pillar workings or longwall faces.
The petitioner requests a modification of the existing standards, 30 CFR 75.1002(a) as it relates to the use of an alternative method of respirable dust protection at our Greenbrier Minerals Operations. The petitioner is applying to use a battery powered respirable protection unit called "CleanSpace EX Powered Air Purifying Respirator (PAPR)" within 150 feet of pillar workings or longwall faces.
The § 75.1002(a) is a mandatory safety standard to allow permissible electric equipment to be located within 150 feet of pillar workings or longwall faces. In addition, the petitioner explains in the petition that the requested modification of the existing standards, 30 CFR 75.1002(a) is to allow the use of an alternate method of respirable dust protection at their Greenbrier Minerals Operations. The petitioner is applying to use a battery powered respirable dust protection unit called “CleanSpace EX Powered Respirator” within 150 feet of pillar workings or longwall faces. The 30 Code of Federal Regulations (30 CFR) Part 44, Rules of Practice for Petitions for Modification of Mandatory Safety Standards, only apply to mandatory safety standards. Health standards cannot be petitioned. As required by the Federal Mine Safety & Health Act of 1977 (Mine Act), Section 202(h) Dust Standard and Respiratory Equipment, “Use of respirators shall not be substituted for environmental control measures in the active workings.” Therefore, the request to control respirable dust through § 75.1002(a) is not permitted and will not be part of this petition for modification.
The submitted petition for modification contains the following information:
Greenbrier Minerals is seeking an alternative to the 3M Airstream helmet to provide miners with respirable protection against coal mine dust, a protection that can provide long-term health benefits. The 3M Airstream helmet has been used in mines for over 40 years. 3M has recently faced component disruptions for the Airstream product. This has caused 3M to discontinue, globally, the Airstream on June 1, 2020. The ability to order an Airstream system and components ended in February 2020, components were available through June 2020. Currently, there are not any available replacement PAPRs (positive pressure air-purifying respirator) 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 to provide this type of protection to its miners.
Greenbrier Minerals LLC is applying to use the "CleanSpace EX Powered Respirator" in or inby the last open crosscut.1 The "CleanSpace EX" is UL certified to the ANSI/UL 60079-11 standard and can be used in hazardous locations because it meets the intrinsic
1 The petitioned § 75.1002(a) Electric equipment must be permissible and maintained in a permissible condition when such equipment is located within 150 feet of pillar workings or longwall faces. Instead, the petitioner referenced § 75.500(d) for electric equipment taken into or used inby the last crosscut.
safety protection level and is acceptable in other jurisdictions to use in mines with the potential for methane accumulation. 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.
Product Details:
The "CleanSpace EX" uses a lithium-ion polymer battery that is neither accessible nor removable. The lithium-ion polymer battery and motor/blower assembly are both contained within the sealed power pack assembly and cannot be removed, reinserted, or fastened. It charges as a complete unit. The "CleanSpace EX" allows for more comfort, and it can be easily disassembled and cleaned.
The product is designed to utilize either a half or full facemask and NIOSH approved particulate filters. 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 having to wear the fan and filter unit around the waist. There are not any hose attachments to the unit, which could create added hazards.
Procedure:
Affected mine employees will be trained in the proper use and maintenance of the "CleanSpace EX" in accordance with the established manufacturer guidelines. In addition to manufacturer guidelines, it will be required that mine employees be trained to inspect the unit before each use to determine if there is any damage or defects to the unit that would negatively impact intrinsic safety. This inspection shall include all associated wiring and connections and shall take place prior to the equipment being taken underground.
1. If, during the inspection, it is determined that there is damage that may negatively impact the intrinsic safety, the PAPR will be immediately removed from service.
2. The "CleanSpace EX" user shall conduct daily examinations of the filter and replace as needed.
3. When fitting a new filter on the "CleanSpace EX", the Blocked Filter Alarm shall be tested by the user before the PAPR is put back into service.
4. "CleanSpace EX" units will be charged out-by the last open crosscut and will utilize the manufacturer approved battery charger. "CleanSpace EX" charging stations that are located underground shall be enclosed in a properly constructed steel box designed for such purpose.
5. A qualified person under 30 CFR 75.151 will monitor for methane as is required by the standard in the affected areas of the mine.
6. All requirements of 30 CFR 75.323 shall be complied with. The "CleanSpace EX" shall not be used if methane is detected in concentrations at or above 1.0 percent
methane. If 1.0 percent or more methane is detected while the "CleanSpace EX" is being used, the equipment shall be de-energized immediately.
When 1.5 percent or more methane is detected, the "CleanSpace EX" shall be withdrawn from the affected area outby the last open crosscut.
7. Employees will be trained on how to properly use and take care of the "CleanSpace EX" according to manufacturer guidelines as well as all stipulations as related to the petition. Qualified miners will receive training regarding the information in the Decision and Order before using equipment in the relevant part of the mine. A record of the training will be kept and available upon request. Within 60 days of the Decision and Order becoming finalized, the petitioner will submit proposed revisions to 30 CFR 75.370, mine ventilation, to be approved under the 30 CFR part 48 training plan by the Coal Mine Safety and Health District Manager. The revisions will specify initial and refresher training and when the revisions are conducted, the MSHA Certificate of Training (Form 5000-23) will be completed. Comments will be made on the certificate to note non-permissible testing equipment training.
This alternative method will guarantee no less than the same measure of protection afforded the miners under the mandatory safety standard.
The listing of the above items of information represents only the petitioner’s statements as provided in the submitted petition for modification. Any subsequent decision to grant the petition will contain the terms and conditions for compliance.
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
A meeting and investigation of the petition was conducted through a Teams meeting with individuals from all of the petitioned mines at the mine office of Lower War Eagle Mine located in Wyoming County, West Virginia on 2/15/2023.
On February 16, 2022, MSHA conducted an investigation at the Lower War Eagle mine. On February 21, 2022, MSHA conducted an investigation at the Muddy Bridge mine and Eagle No. 1 Mine. No investigations were conducted at the Powellton #1 Mine and North Fork Winifrede Deep Mine because their equipment is the same as the equipment at the Lower War Eagle mine.
Ten Greenbrier Minerals, LLC representatives participated in the investigations. The miners at the Greenbrier Minerals, LLC’s listed mines are not represented by a labor union and there are no miner’s representatives. The proposed petition has been posted on the mine bulletin board at each mine.
The petitioner states that the equipment will be provided to any employee who chooses to utilize the alternative method to provide additional protection against exposure to respirable coal mine dust. The miners will have their option of the full face or half mask and whichever is chosen will be assigned individually to them. This will reduce the risk of spreading germs from one miner to another. Disinfectants will be provided for the units to be cleaned after each use. The batteries of the petitioned devices will be charged in fresh air on the mine surface.
Powellton #1 Mine (46-09217) mines bituminous coal from the Powellton Seam. This mine currently employs 16 persons, including supervisory personnel. The average mining height is maintained at 60 inches. The mine is ventilated with a blowing fan. The mine currently liberates no methane in a 24-hour period. This mine has no mechanized mining units at this time. This mine is in non-producing status at this time and is being used as a belt mine for the Lower War Eagle Mine.
Lower War Eagle (46-09319) mines bituminous coal from the Lower War Eagle Seam. This mine currently employs 140 persons, including supervisory personnel. The average mining height is maintained at 68 inches. The mine is ventilated with an exhausting fan. The mine currently liberates 791,543 Cubic feet of methane in a 24-hour period. This mine has four mechanized mining units that are all continuous mining units. This mine is in producing status with two production shifts and a maintenance shift daily.
Muddy Bridge (46-09514) mines bituminous coal from the No.2 Gas Seam. This mine currently employs 102 persons, including supervisory personnel. The average mining height is maintained at 60 inches. The mine is ventilated with a blowing fan. The mine currently liberates 22,105 Cubic feet of methane in a 24-hour period. This mine has four mechanized mining units and all four are continuous mining units. This mine is in producing status with two production shifts and one maintenance shift daily.
Eagle No. 1 Mine (46-09563) mines bituminous coal from the No.2 Gas Seam. This mine currently employs 150 persons, including supervisory personnel. The average mining height is maintained at 68 inches. The mine is ventilated with a blowing fan. The mine currently liberates 36,392 Cubic feet of methane in a 24-hour period. This mine has 6 mechanized mining units that are all continuous mining units. This mine is in producing status with two production shifts and one maintenance shift daily.
Northfork Winifrede Deep Mine (46-09583) mines bituminous coal from the Winifrede Seam. This mine currently employs 40 persons, including supervisory personnel. The average mining height is maintained at 84 inches. The mine is ventilated with a blowing fan. The mine currently liberates no methane in a 24-hour period. This mine has one mechanized mining unit, and it is a continuous mining unit. This mine is in producing status with two production shifts and a maintenance shift daily.
Hourly employed miners that were part of the investigation meeting stated that they would prefer the approval and would use the alternative respirable equipment. These operators are provided a cartridge type respirator made by Sundstrom and also one by Drager. Multiple miners at these mines utilize these respirators.
Statements of individuals participating in petition for modification meeting:
Company Safety Representative:
We want to provide our miners with these new apparatuses to give them the opportunity for more lung protection. If approved the unit will be provided to any miner working inside this mine who wants to use it including continuous miner, shuttle car, roof bolters, airways, and rock dusting. I have been approached by several miners requesting these if approved.
Equipment operator:
This will be more protection for anyone who chooses to use them. This is a step in the future to provide added protection for our miner’s lungs.
Safety Manager:
This will provide an added protection to our miner’s lungs and I think it is a step forward in black lung prevention.
The granting of this petition would affect all underground miners at the listed mines.
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
The CleanSpace EX electrical components such as the pump motor or battery can create a potential for electromagnetic interference when in close proximity to other electrical equipment. MSHA investigators traveled underground at the Lower War Eagle mine with Greenbrier management to the #3 working section to 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. MSHA investigated the Muddy Bridge mine and the Eagle No. 1 Mine. EMI investigations were not conducted at the Powellton #1 Mine and North Fork Winifrede Deep Mine as the equipment here is the same as the equipment used at the Lower War Eagle mine.
Discussion
The CleanSpace EX PAPR design features a facemask connected by hoses to a pack that contains the pump motor, filter, and battery, which rests on the back of the neck. The investigator first performed baseline functionality tests for all electrical equipment involved in the testing, including the PAPR, by operating them individually away from one another. The investigators then concluded testing by positioning the running PAPR in various orientations and distances from miner-worn or carried battery powered electrical equipment as well as other electrical equipment as identified below in Table 1. The potential for electromagnetic interference rises as electrical equipment and PAPR
operate close together, so distances tested, ranged from twelve inches to zero inches. Table 1: Electrical Equipment Tested for Electromagnetic Interference
| Equipment type | Equipment Model | Mine ID where used | Interference |
|---|---|---|---|
| Matrix Proximity | All 5 Mines listed | None | |
| Industrial Scientific | Altair 4x | All 5 mineslisted | None |
|
CSE methane detector |
102LD | All 5 mines listed | None |
| Tracking and Comms |
Matrix METS- T1000 Leaky Feeder- Kenwood Hand Held Two-Way Radio TK-290VHF |
46-09319, 46-09583, 46-09217 | None |
|
Tracking and Comms |
IWT Wireless Mesh System |
46-09563 | None |
| Tracking and Comms |
Strata Wireless Mesh 23-A100008-0 Tracking Tag and Texting device |
46-09514 | None |
| Methane Monitor | CSE 140B-LD | All 5 mines listed | None |
| Remote Control |
Joy TX 3 Joy XR2Battery Pack |
All 5 mines listed | None |
|
Koehler Permissible Cap Lamps |
08209 | All 5 mines listed | None |
Electrical Equipment typically Worn, Carried or used on the Continuous Miner
Conclusion: The investigator did not observe any apparent electromagnetic interference or performance issues between the proposed PAPR and miner-worn or carried battery powered electrical equipment as well as other electrical equipment as listed in Table 1. MSHA determined that the CleanSpace EX PAPR can be safely used where permissible equipment is required in or inby the last open crosscut if the operator follows all manufacturers’ 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, Greenbrier Minerals, LLC is partially granted a modification of the application of 30 C.F.R. § 75.1002(a) to its to its Saunders Preparation Plant, Elk Lick Tipple, Toney Fork Surface Mine, Powellton #1 Mine, Lower War Eagle, Muddy Bridge, Eagle No. 1 Mine, Elklick Surface Mine, and North Fork Winifrede Deep 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 Greenbrier Minerals, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.1002(a) in the to its Saunders Preparation Plant, Elk Lick Tipple, Toney Fork Surface Mine, Powellton #1 Mine, Lower War Eagle, Muddy Bridge, Eagle No. 1 Mine, Elklick Surface Mine, and North Fork Winifrede Deep Mine is hereby as follows:
DENIED, at the Saunders Preparation Plant, Elk Lick Tipple, Toney Fork Surface Mine, Powellton #1 Mine, Lower War Eagle, Muddy Bridge, Eagle No. 1 Mine, Elklick Surface Mine, North Fork Winifrede Deep Mine for the use of the CleanSpace EX respirator.
The 30 Code of Federal Regulations (30 CFR) Part 44, Rules of Practice for Petitions for Modification of Mandatory Safety Standards, only apply to mandatory safety standards. Health standards cannot be petitioned. As required by the Federal Mine Safety & Health Act of 1977 (Mine Act), Section 202(h) Dust Standard and Respiratory Equipment, “Use of respirators shall not be substituted for environmental control measures in the active workings.” Therefore, the request to control respirable dust through § 75.1002(a) is not permitted and will not be part of this petition for modification.
DENIED, at the Saunders Preparation Plant, Elk Lick Tipple, Toney Fork Surface Mine, and the Elklick Surface Mine for the electrical § 75.1002(a) does not apply to surface facilities or surface mines, as § 75.1002(a) is an underground mandatory electrical safety standard.
GRANTED, at the Powellton #1 Mine, Lower War Eagle mine, Muddy Bridge mine, Eagle No. 1 Mine, and the North Fork Winifrede Deep Mine for the operator who may use the CleanSpace EX PAPR for the operator who may use the CleanSpace EX PAPR within 150 feet of pillar workings or longwall faces, subject to the conditions of this Order:
1. Follow the manufacturer’s recommendations and instructions. Affected mine employees must be trained in the proper use and maintenance of the CleanSpace EX PAPR in accordance with established manufacturer guidelines. Training shall be in accordance with the guidelines outlined in the CleanSpace EX Health and Safety
User Instructions S006-708 Rev 6, 31 March 2021 or equivalent updated version and shall include but not be limited to PAPR fitting, cleaning & disinfecting, maintenance and storage for regular and repeated use. 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 identify 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 identify 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 within 150 feet of pillar workings or longwall faces, 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 CleanSpace EX PAPR units are serviced according to the manufacturer's recommendations. Dates of service shall be recorded in the equipment's logbook and shall include a description of the work performed.
6. The CleanSpace EX PAPR units, that will be used within 150 feet of pillar workings or longwall faces, shall not be put into service until MSHA has initially inspected the equipment and determined that it complies with all the terms and conditions of this Order.
7. Prior to energizing the CleanSpace EX PAPR to be used within 150 feet of pillar workings or longwall faces, 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 within 150 feet of pillar workings or longwall faces.
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 from pillar workings or longwall faces.
11. Use only the CleanSpace EX Power Unit, which meets lithium battery safety standard UL 1642 or IEC 62133.
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 not be charged in the underground area of the mine. Batteries shall only be charged in an area 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.
iii. The CleanSpace EX power unit, which contains the internal battery, shall not be exposed to water, 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, including the internal battery, shall 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 power unit containing the internal battery must be disposed of properly.
a. Follow the manufacturer’s recommendations and instructions. Check and monitor each unit’s run time. Observe and note the run time that a new fully charged battery provides for powering the unit. Record and use this new battery run time as a baseline for determining its service life. Note: The battery run time will vary depending on the product’s configuration and the applications running.
b. Routinely check the battery’s charge status.
c. Routinely monitor batteries that are approaching the end of their estimated service life.
d. Remove battery from service with the following conditions:
1. The battery run time drops below about 80% of the new battery run time.
2. The battery charge time increases significantly.
e. Follow the storage instructions as recommended by the manufacturer. If the instructions were not followed for a battery stored or otherwise unused for an extended period or the battery has no charge remaining, consider it to be damaged. Do not attempt to recharge it or use it. Remove it from service and replace it with a new battery.
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 and the certificate shall note this accordingly (non-permissible PAPR testing equipment training, NP-PAPR use, maintenance & testing or NP-PAPR-UMT).
16. All personnel who will be involved with or affected using 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 within 150 feet of pillar workings or longwall faces. 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 using 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.
Brian Goepfert
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
July, 2023, to:
Mr. Jamey New Underground Mine Manager Greenbrier Minerals, LLC State Route 16
Lorado, West Virginia 25630 jamey.new@coronadous.com
Mr. Tom Canterbury Manger of Safety Coronado Coal LLC 119 Rich Creek Road Lyburn, WV 25632
tom.canterbury@coronadous.com
Don Braenovich
Mine Safety and Health Specialist
cc: Mr. McKennis Browning, Acting Director, Office of Miners’ Health Safety & Training, #7 Players Club Dr. Suite 2, Charleston, WV 25311 McKennis.P.Browning@wv.gov