02/21/2025
In the matter of: Petition for Modification
Fossil Rock Resources, LLC
Fossil Rock Mine
I.D. No. 42-01211 Docket No. M-2024-008-C
PROPOSED DECISION AND ORDER
On June 10, 2024, a petition was filed seeking a modification of the application of 30 C.F.R.§ 75.1909(b)(6) to Petitioner's Fossil Rock Mine, located in Eme1y 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,
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.
An MSHA investigation commenced on October 30, 2024 by an MSHA specialist to investigate the petition filed. The investigator verified the petition was posted on the mines bulletin board at the Fossil Rock Mine on this date. This investigation continued November 4, 2024, and again on November 27, 2024, and a report filed 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
The Fossil Rock Mine is a Bituminous coal mine located near Orangeville in Emery County, Utah, mining the Hiawatha coal seam with the average height of 96 inches and entries at 19 feet wide. The main mine fan is a blowing fan, accompanied by a backup blowing fan that supplies the ventilation system in the mine with intake air located at Portal 5. This mine has 5 portals in total. No explosive levels of methane gases or other gases have never been encountered at the mine. The mine currently employs approximately 111 workers. This mine has one (1) continuous miner section with one (1) Mechanized Mining Unit (MMU) operating two 12-hour shifts, 7 days a week. There is a 6-hour maintenance downshift as needed on one of the 12-hour shifts.
An average of 490 tons of raw coal is currently being produced each shift.
The Getman Road Grader #RG 003, Model #RDG 1504C, Serial #6262, that is the subject of this petition, is currently located at the Skyline Mine (42-01566). 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.
Fossil Rock Resources, LLC is requesting that the Getman Grader #RG 003, Model #RDG 1504C, Serial No. 6262 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 operators will limit the speed of the grader to 10 miles per hour in either direction.
2. All grader operators will be trained to lower the grading plate in emergency situations to stop the road grader 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 operator has blocked out 4th gear (with plate closed in the 4th gear selection slot which prevents the grader operator from shifting into 4th gear).
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, Fossil Rock Resources, LLC will submit a proposed revision for its 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.
The road grader will not be used to push, pull, or tow other equipment.
This road grader is currently located on the surface at the Skyline Mine and available for examination and inspection. 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 visual speed test was conducted at the Skyline mine site on the surface, and during this test, the equipment did not shift into 4th gear.
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 Fossil Rock Mine are not represented by a labor union. There are no representatives of the miners at this facility. 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 of MSHA's investigation, Fossil Rock Resources, LLC is granted a modification of the application of 30 C.F.R. § 75.1909(b)(6) to its Fossil Rock 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 Fossil Rock Resources, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.1909(b)(6) in the Fossil Rock 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 #RG 003, Model #RDG 1504C, Serial #6262.
2. The maximum speed on the diesel grader shall be limited to 10 miles per hour or less in both forward and reverse by:
(a) The operator maintains blocked out of 4th gear (with plate closed in the 4th gear selection slot which prevents the grader operator from shifting into 4th gear).
(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 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. 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.
5. 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 21st day of February 2025, to:
Herny Moore
Six PPG Place
Suite 830
Pittsbmgh, PA 15222
hmoore@fisherphillips.com
Jason Layton Senior Engineer
5125 N. Cottonwood Road
Orangeville, UT 84537
jlayton@wolverinefuels.com
Errol Scott Arnett
Mine Safety and Health Specialist
cc: Justin Barrington, Director Utah Office of Coal Mine Safety jbarrington@utah.gov 451 E 400 North RM 135 Price, UT 84501