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Mine Safety and Health Administration

Petition - Docket No. M-95-008-C

In the matter of

Rothermel Coal Company 11 Vein Slope Mine

I.D. No. 36-07558

Petition for Modification Docket No. M-95-008-C

Date Issued: 08/21/1997

 

PROPOSED DECISION AND ORDER

 

On February 14, 1995, a petition was filed seeking a modification of the application of 30 CFR 75.360(b)(5) to Petitioner's 11 Vein Slope Mine, located in Trevorton, Northumberland County, Pennsylvania. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.

 

MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.

 

Finding of Fact and Conclusion of Law

 

The review of the petition and the investigation report reveal that the mining and ventilation practices common to underground anthracite mines have developed mainly as a result of mining coal seams that can pitch from 20 to 90 degrees. The mines are usually wet and freezing temperatures cause ice to form on ladders and travelways near the top of the slopes, shafts, and at approaches to seals which makes hand and foot holds unsure and increases the danger of falling to miners. Moreover, outby areas of anthracite mines do not normally liberate significant amounts of methane nor does methane regularly accumulate in sealed areas.

 

Therefore, application of 30 CFR 75.360(b)(5) to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.

 

On the basis of the petition and the findings of MSHA's investigation, Rothermel Coal Company is granted a modification of the application of 30 CFR 75.360(b)(5) to its 11 Vein Slope Mine.

 

ORDER

 

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Rothermel Coal Company's Petition for Modification of the application of 30 CFR 75.360(b)(5) in the 11 Vein Slope Mine is hereby:

 

GRANTED, for examinations of seals (conducted from the gunboat) in the intake air haulage slope of this mine and conditioned upon compliance with the following terms and conditions:

 

  1. A certified person designated by the operator shall, before every shift, take air readings at the top of the slope and in the gangway just off the slope to determine:

    1. The quality of air entering the mine and working section by testing for methane and oxygen deficiency;

       

    2. The volume of air entering the working section; and

       

    3. If the air is moving in the proper direction.

       

      The results of each preshift examination shall be compared to the previous preshift examination and any changes in the direction of flow of the air currents shall be reported to the mine foreman for immediate investigation. If, at any time, air measurements taken at the same location indicate a change in quantity of 25 per cent or more from the average reading taken during the previous two-week period, an immediate investigation of the affected area shall be conducted. Corrective action shall be immediately taken to restore the air quantity to its specified volumes. The results of this preshift examination shall be recorded in the daily record required under 30 CFR 75.360(g).

       

  2. Prior to the preshift examination being conducted, the gunboat shall be run through one complete cycle of operation to determine that it is operating properly. No persons or materials shall be allowed to be hoisted in the gunboat during this test. Any unsafe conditions discovered or observed shall be immediately corrected before the gunboat is used to transport men or materials. The results of this examination shall be recorded in the daily record required under 30 CFR 75.1400-4.

     

  3. The gunboat shall travel at a speed that will allow the certified person to make a visual examination of every seal on each side of the slope to determine if the seals are intact and serving their intended purpose. Any indication of seal deterioration will require an immediate physical examination followed by corrective actions. The certified person, while traveling in the gunboat, shall also make a visual examination of the slope for hazardous conditions. All such conditions shall be corrected or posted with conspicuous danger signs and recorded.

     

  4. Prior to implementing this alternate method and at least every seven days thereafter, an examination to determine the condition of the seals shall be conducted by:

     

    1. Physically traveling to each seal location; or

       

    2. Stopping the gunboat and making a visual examination of each seal.

       

  5. Seals located along return, bleeder, and intake air courses not covered under this modification shall be inspected at least every seven days in accordance with 30 CFR 75.364(b)(4).

     

  6. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. The proposed revisions shall include initial and refresher training regarding compliance with the Proposed Decision and Order.

 

Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.

 

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 Petitioner who has requested a hearing shall 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.

 

Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health