5/5/25
In the matter of PETITION FOR MODIFICATION
Northern Star (Pogo) LLC
Pogo Mine
I.D. No. 50-01642 Docket No. M-2024-002-M
PROPOSED DECISION AND ORDER
On July 17, 2024, Northern Star (Pogo) LLC filed a petition seeking modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 57.11052(d) at its Pogo Mine, Mine I.D. No. 50-01642, in Southeast Fairbanks County, Alaska. Specifically, the Petitioner requests a modification to allow the use of sealed, purified drinking water in lieu of providing potable water through waterlines in refuge areas. Petitioner alleges that the proposed 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. Petitioner also alleges that the application of the standard could result in a diminution of safety to the miners using the refuge if they were to rely on the waterlines that run throughout the mine to the refuge chambers. In addition, the Petitioner requests relief from the portion of 30 C.F.R. § 57.11052(d) requiring that refuge areas be provided with suitable handtools and stopping materials. However, the Petitioner did not propose an alternative method of compliance for this portion of the standard or allege that its application could result in a diminution of safety.
30 C.F.R. § 57.11052(d) states, in relevant part:
Refuge areas shall be –
(d) provided with compressed air lines, waterlines, suitable handtools, and stopping materials.
The Mine Safety and Health Administration (MSHA) investigated the merits of the petition and filed a written 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 for Mine Safety and Health Enforcement issues this Proposed Decision and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
During the week of March 3, 2025, an MSHA investigator traveled to the Pogo Mine to investigate the Petitioner’s claims. The Pogo Mine is a multiple portal underground gold ore operation that has been operated by Northen Star (Pogo) LLC since 2018. The mine employs a single intake portal and dual exhaust portals as part of its ventilation scheme. The mine operates on two shifts, day and night. The mine averages 117 miners underground on day shift and 88 miners underground on night shift. These averages include contractors. The miners at Pogo Mine have multiple Miner’s Representatives and are not represented by a labor organization.
During the investigator’s visit, all underground refuge chambers and entrapment chambers were examined. All 14 refuge chambers inspected were connected to waterlines, compressed airlines, and provided with a handtool suitable for installing the oxygen regulator in the case of loss of compressed air. All refuge chambers had 36-hour battery back-up power to run all systems. They also had Sentry 10A-120BC fire extinguishers and 80% wool fire blankets. The refuge chambers were equipped with chemical absorber cartridges to remove the buildup of harmful carbon dioxide (CO2) and carbon monoxide (CO) from the air inside the refuge chamber. All refuge chambers either had built-in gas detection systems (Aura-FX) or were equipped with Industrial Scientific MX-6 multi-gas detectors. All refuge chambers were also equipped with colorimetric tubes (Gastec) for oxygen, CO2, and CO. In addition, all refuge chambers were provided with compressed oxygen cylinders designed to provide up to 36 hours of additional breathing air should there be damage to the connected airlines. All compressed airlines into the refuge chambers and airlocks were provided with mufflers for sound proofing. Portable toilets with chemical additives and toilet paper were also provided at each refuge chamber.
All refuge chambers had Femco phones (MSHA Approval No. 9B-155-0) and a Motorola communication system via leaky feeder, as well as a first aid kit, bottled water, emergency biscuits/rations, rubber/nitrile gloves, and a timer.
All six MineARC refuge chambers present at the time of the investigation were equipped with pre-packaged MARCISORB chemical absorber cartridges to remove the buildup of CO2 and CO from the air inside the refuge chamber. The Bost refuge chambers are also equipped with a chemical scrubbing system for CO2 and CO (Dragersorb and Premier Chemicals). All DEA refuge chambers have been retrofitted with the MineARC electrical scrubbing system.
All MineARC and DEA refuge chambers from 8-person through 16-person capacity had airlocks with compressed air cylinders and relief valves. The Bost 20-person refuge chambers had Butcher strip curtain instead of a standard airlock door. These curtains are see-through plastic strips that function similarly to an airlock.
The refuge chambers were already supplied with water of varying brands, types, sizes, and expiration or best if used by dates.
Pogo Mine’s refuge areas were not equipped with stopping materials. The investigator explained to the mine’s principal management officials that the inclusion of a wrench suitable in size to make connections to oxygen cylinders and sealing materials suitable for use in the mine to seal excessive leakage caused by damage to the refuge chamber would be beneficial. Management officials stated that the refuge chambers would not require handtools or stopping materials, as it was not required due to the construction of the chambers. However, during the investigation, the investigator observed that all refuge chambers were equipped with supplemental oxygen cylinders that require a wrench to be installed. One of the refuge chambers was supplied with two rolls of duct tape that could be used to seal excessive leakage, but none of the other refuge chambers were supplied with duct tape or any other type of sealing material.
At the time of the investigation, all refuge chambers were provided with waterlines. However, due to the configuration of the waterlines and the water source, the water flowing through the lines was not potable. Potable water is available on the property, but supplying this to the refuge chambers would be difficult as the mine has an estimated 100 miles of haulage and active mining areas.
Pogo Mine has a total of ten MineARC entrapment chambers, six with a six-person capacity and four with a four-person capacity. The Petitioner intends to locate the entrapment chambers near the working face, providing miners in the face area with an immediately reachable place of refuge. The entrapment chambers are standalone units and at the time of the investigation were not provided with waterlines or compressed air lines, making them non-compliant for use as a refuge area. The entrapment chambers were also provided with battery backup and additional oxygen cylinders that supply up to an additional 36 hours of air. These units are capable of being connected to both waterlines and airlines which would allow their use as a refuge area in compliance with 30 C.F.R. § 57.11052(d), should they also be provided with suitable handtools and repair materials in case the structure providing an isolated atmosphere is damaged during use and maintained in accordance with all other aspects of 30 CFR § 57.11052.
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 Northern Star (Pogo) LLC’s Petition for Modification of 30 C.F.R. § 57.11052(d) at the Pogo Mine is hereby:
GRANTED, conditioned upon compliance with the following requirements.
1. This Order shall apply to the existing refuge chambers, to relocated refuge chambers, to future refuge chambers, and to all entrapment chambers intended to be used as refuge chambers.
2. Refuge chambers shall accommodate the maximum number of persons that can be expected to be working in each area of the mine at any time.
3. Each refuge chamber shall be supplied with water sufficient for the maximum designated occupancy, for at least four days (96 hours).
4. Potable Water Supply:
a. Drinking water shall be provided via commercially purchased purified water in individually portioned packaged pouches.
b. Sufficient water shall be provided in each refuge area to provide 2.25 quarts of water per person per day, for at least four days (96 hours).
c. Water shall be stored in a manner that makes the expiration dates readily visible for inspection.
d. Water shall be replaced according to the manufacturer’s specified expiration dates. If the expiration dates are not legible, or if they become illegible, the water shall be replaced by the end of the next working shift.
e. A supply of packaged disposable drinking cups (at least five cups per person) shall be maintained in the refuge chamber.
f. The condition and quantity of stored water shall be confirmed by inspection on at least a monthly basis, and the inspections shall be documented. This documentation shall be made available for review upon request by an Authorized Representative of the Secretary of Labor.
g. Written instructions for conservation of water shall be provided in the refuge chamber.
5. Life sustaining breathable air shall be provided to each refuge chamber using air via compressed air lines.
6. Tools and any repair materials for all refuge components (structure, air delivery system, door seals, etc.) including instructions shall be kept in each unit. This includes extra flow valves, wrenches, emergency sealing tape or adhesive patches, and duct tape.
7. Workplace Examinations performed in the area where the refuge chamber is located shall include a visual examination of the unit’s exterior for damage and tampering.
8. Training:
a. Applicable revisions or appropriate changes to the mine’s 30 C.F.R. Part 48 training plan regarding the conditions in this Order shall be submitted to the MSHA District Manager for revision and approval prior to the implementation of the training plan by the Petitioner.
b. Training on the proper use of the refuge chamber will be provided, at least once every six months, to those miners who might possibly transport or use them. Training must include all aspects of the use of the specific units employed at the mine, including the hazards associated with compressed oxygen cylinders, the carbon dioxide scrubbing process, the communications systems, and use of the gas detector(s) to monitor concentrations of carbon dioxide, carbon monoxide, oxygen, and other harmful gases specific to the mine.
9. The mine shall comply with all other requirements of 30 C.F.R. § 57.11052 – Refuge areas.
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, 200 Constitution Ave NW, Suite C3522, Washington, DC 20210.
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
Acting 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 5th day of May, 2025 to:
Michael Eckert
Northern Star (Pogo) LLC
General Manager
3204 International Street
Fairbanks, Alaska 99702
meckert@nsrltd.com
Jordan Havens
PO Box 877131
Miner’s Representative
Wasilla, Alaska 99687
jordanmhavens@gmail.com
Shawn T. Smith
Miner's Representative
4806 Villanova Drive
Fairbanks, Alaska 99509
shawnsmith1026@outlook.com
Beniah Marchildon
Miner’s Representative
5471 Loeta Way
Fairbanks, Alaska 99712
beniahmarchildon@icloud.com
Caitlin Strong
Mine Safety and Health Specialist
cc: Christianna Colles, Director, Alaska Division of Mining, Land and Water, 550 W. 7th Ave., Suite 1070, Anchorage, AK 99501-3579, Christianna.Colles@alaska.gov