2/16/24
In the matter of: Petition for Modification
Mach Mining LLC
Mach #l Mine
I.D. No. 11-03141 Docket No. M-2023-013-C
PROPOSED DECISION AND ORDER
On January 25, 2023, a petition was filed seeking a modification of the application of 30 C.F.R.§ 75.1909(b)(6) to Petitioner's Mach #1 Mine, located in Williamson County, Illinois. 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,30 C.F.R. § 75.1909(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 including limiting speed of the equipment, providing additional training, and establishing safe procedures when the grader is operated on the slope, in lieu of installing brakes on the front two wheels. The addition of front brakes and application of the standard as stated by the petitioner will result in diminution of safety to the miners affected.
On June 5, 2023, July 10, 2023, and August 16, 2023, September 14th, 2023, September 27th, 2023, and October 10th, 2023, an MSHA investigator investigated the petition and filed a report with the Administrator for Mine Safety and Health Enforcement.
On January 17, 2024, the Administrator for Mine Safety and Health Enforcement received a revised petition investigation report correcting an error in the original report.
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
The Mach #1 Mine is located near Johnston City in Williamson County, Illinois, and opens the Herrin #6 coal seam with a slope for transport of miners and supplies alongside of the slope belt conveyor. An intake air shaft blowing fan provides the ventilation to the mine equipped with an
escape hoist. There is also a bleeder shaft utilized for Longwall district ventilation. The mine currently consists of One (1) Longwall production unit utilizing a Joy/Komatsu 7LS Shearer ventilated by a district bleeder system. Two (2) development units with Joy/Komatsu 12/27 continuous miners with Joy shuttle cars transport the coal from the working face to the belt conveyors. Belt conveyors transport the coal from each working section to the surface. The mine uses rubber-tired diesel equipment to transport personnel and supplies down the slope and into the mine. The coal seam is relatively flat with an average mining height of 96 inches in the areas currently mined.
The Getman Road Grader #GRD 3449, Model #RDG 1505C, Canopy Serial #6941, that is the subject of this petition, is currently located on the surface. Petitioner states when petition is granted, the grader will be used to maintain the roadways traveled by the rubber-tired equipment.
The petitioner ensures that the alternative methods proposed in the petition will, at all times, guarantee no less measure of protection than afforded by the standard and agrees to comply with the following terms and conditions.
Mach Mine is requesting that the Getman grader No. RDG-1504C, Serial No. 6941 in lieu of compliance with 30 C.F.R. § 75.1909(b)(6), the following actions and procedures will be implemented upon approval of this requested Petition for Modification:
1. The grader is and will be maintained with 12.00 x 20.00 tires that will limit the speed of the grader to 10 miles per hour
2. All grader operator's will be trained to lower the moldboard in emergency situations and prior to exiting the operator's compartment
3. All grader operator's will be trained to recognize appropriate levels of speed for the different road conditions
4. The grader will not travel up or down the slope unassisted. If an instance arises that requires the grader to be taken out of the mine, an additional piece of equipment, with adequate braking capacity, will be utilized to assist removing the grader out of the mine and back into the mine, via the mine slope.
5. The operator has blocked out 4th gear (by welding the shifting plate closed in the 4th gear selection slot which prevents the grader operator from shifting into 4th gear and also disconnecting the 4th gear solenoid on the transmission which prevents the 4th gear from engaging).
6. The grader will 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.
7. Within in 60 days after this Proposed Decision and Order become final, Mach Mine will submit a proposed revision for it approved 30 C.F.R. Part 48 training plan to the Mine Safety and
Health Enforcement District Manager. The granted Petition for Modification will be covered in all task training for every employee that will be operating the grader and be included at the mine Annual Refresher Training.
Road graders are very effective in maintaining underground roadways in the mining industry for safe travel. These machines are intended to be used for this purpose only. Road graders are not designed, rated, or equipped with a hitch or connection to push, pull, or tow other equipment.
There is a hole drilled into the bumper however the road grader will not be used to push, pull, or tow other equipment.
This road grader is currently located on the surface and available for examination and inspection. The size of tires installed and required to be used on the road grader are 20 as stated in the petition. The mine will only stock 12" x 20" rims for the grader. The grader was inspected and tested prior to starting the speed test, after the inspection of the grader and tests of all the various safety systems the grader appeared to be ready to be speed tested. A speed test was conducted at the mine site on the surface. A miner task trained to operate the grader operated the grader at top speed through a pre-determined 20-foot area and was timed in multiple gears. The average speed after 3 trips through the timed zone in 4th gear was 13.68 miles per hour (mph), consistently above the 10-mph limit. The average speed in 3rd gear after 3 trips was 10.71 mph. This order is being issued to correct a typographical error that was made in the original investigative report that was incorporated into the "Finding of Fact" section of the PDO. However, this typographical error does not change the existing terms and conditions of this order.
Speed information was requested from the operator and manufacturer. The information was received but was inaccurate as the machine speed was shown as at a top speed at 2,200 revolutions per minute (rpm) in 4th gear and was listed as 5 mph, (far below the tested top speed documented at the mine). The petitioner blocked out 4th gear (by welding the shifting plate closed in the 4th gear selection slot preventing the grader operator from shifting into 4th gear.
The petitioner also disconnected the 4th gear solenoid on the transmission preventing the 4th gear from engaging). This was verified, that the shifting plate had been welded closed and 4th gear disabled and found to be acceptable.
The operator was observed lowering the moldboard when parking the grader prior to exiting the grader. The grader operator was questioned about the lowering the moldboard in an emergency and stated that he knew that was one of the best ways to stop the machine if necessary. The grader operator recognized when the road conditions change that the speed of the grader must change as well to accommodate the road conditions encountered.
The machines available on mine property that are intended on being used in transporting the grader up and down the slope is Fletcher Prime Movers in front and behind the grader with a rated braking capacity of 42,000 lbs., the grader weight is 35,000 lbs. A load rating chart is located at the mouth of the slope which indicates the various predetermined load weights that the machines used for traveling up and down the slope can safely travel and provide braking capability. These Movers or machines with similar and adequate rated braking capacity should only be used in ensuring the safe travel of the grader up and down the slope. The purposes for
transporting the grader up the slope is for major maintenance or repair and down the slope for putting into service or back into service after conducting maintenance or repair. Braking capacity of the equipment assisting in this transport shall always be equal to or greater than the maximum weight of the road grader.
Once the Petition for Modification has been granted the road grader will be used only in the intake entries of the coal mine to help maintain the travel ways as safe as possible for travel. The road grader is non-permissible and will not be used in areas where permissible equipment is required or in belt entries.
The miners at the Mach #1 Mine are not represented by a labor union. There are twelve miners' representatives at Mach #1 Mine; John Duty, miners' representative, was interviewed for this petition. The petition has been posted on the mine bulletin board and the petitioner notified miners regarding the terms of this petition. MSHA also interviewed miners as part of its investigation, and they did not raise safety concerns related to the use of this equipment.
MSHA determined that the petitioner has provided all the contents required by the provision. All supporting documentation including a detailed statement of the facts the petitioner would show to establish the grounds upon which it is claimed a modification is warranted was provided.
On the basis of the petition and the findings ofMSHA's investigation, Mach Mining LLC is granted a modification of the application of30 C.F.R. § 75.1909(b)(6) to its Mach #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 l0l(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 81l(c), it is ordered that Mach Mining LLC's Petition for Modification of the application of30 C.F.R. § 75.1909(b)(6) in the Mach #1 Mine is hereby:
GRANTED, conditioned upon full compliance of the petitioner with the following terms and conditions:
1. This Proposed Decision and Order is limited in application to the diesel-powered, six-wheeled Getman Road Grader #GRD 3449, Model #RDG 1505C (Canopy Serial #6941).
2. The maximum speed on the diesel grader shall be limited to 10 miles per hour or less in both forward or reverse by:
(a) Equipping and maintaining 12.00 x 20.00-inch tires with the existing differential(s) gear ratio and transmission.
(b) The operator has blocked out 4th gear (by welding the shifting plate closed in the 4th gear selection slot which prevents the grader operator from shifting
into 4th gear and disconnecting the 4th gear solenoid on the transmission which prevents the 4th gear from engaging).
(c) 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 grader 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 to lower the moldboard (grader blade) to provide additional stopping capability in emergencies and prior to exiting the operator's compartment.
(d) Grader operators must be trained to recognize the transmission gear blocking device and its proper application and requirements.
4. When transporting the grader up or down the slope the machine will have additional machines connected in front and behind the grader to provide additional braking capable of braking all machines when traveling in the slope.
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.
6. 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 22209-5450.
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.
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 prepaid, or provided by other electronic means this 16th day of February , 2024, to:
Ryan Muldrew General Manager
P.O. Box 300
Johnston City, IL 62951 ryan.muldrew@foresight.com
Shawn Batty
Director of Safety, Reg. Comp.
P.O. Box 300
Johnston City, IL 62951 batty.shawn@foresight.com
David Self Miner's Representative
P.O. Box 300
Johnston City, IL 62951
Ronald Bryant Miner's Representative
P.O. Box 300
Johnston City, IL 62951
Vernus W. Sturgill
Mine Safety and Health Administration
cc: Ronnie Huff, Director ronnie.huff@illinois.gov Office of Mines and Minerals; Illinois Dept. of Natural Resources; One Natural Resources Way; Springfield, IL 62702-1271