20 March 1997
In the matter of
Rock of Ages Quarries, Inc.
Rock of Ages Light Side
Petition for Modification
Docket No. M-95-16-M
BACKGROUND
On November 29, 1995, a petition was filed by Rock of Ages Quarries, Inc., seeking a modification of the application of 30 CFR § 56.19003 to petitioner's Rock of Ages Light Side located in Graniteville, Washington County, Vermont. The petition alleged that application of the standard would result in a diminution of safety to miners and that the alternative method outlined in the petition, of allowing the use of a chain driven hoist (Clyde JJ hoist) to lift personnel into the quarry, would at all times guarantee no less than the same measure of protection afforded by the standard.
Standard 56.19003, Driving mechanism connections, provides:
Belt, rope, or chains shall not be used to connect driving mechanisms to man hoists.
MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings with the Administrator for Metal and Nonmetal. Subsequent discussion with the mine operator on the location of the Clyde JJ hoist resulted in an operator asking for withdrawal of his request for a petition for modification (see attachment). After a careful review of the entire record, including the petition and investigative report, this Proposed Decision and Order is issued.
FINDING OF FACT AND CONCLUSION OF LAW
The subject hoist was in storage in Barre, Vermont, and it could not be determined by the investigators if the alternative method would provide the same measure of protection as afforded miners under 30 CFR § 56.19003. The operator asked that the petition for modification request be withdrawn.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. Section 811(c), it is ordered that modification of the application of 30 CFR § 56.19003 to the Rock of Ages Light Side as it pertains to using a chain driven hoist to lift personnel into and out of the quarry is hereby DISMISSED.
Any party to this action desiring a hearing must file a request for hearing within 30 days of the Proposed Decision and Order, in accordance with 30 CFR § 44.14, with the Administrator for Metal and Nonmetal, 4015 Wilson Boulevard, Arlington, Virginia 22203. Unless a request for a hearing of this Proposed Decision and Order is filed with the Administrator for Metal and Nonmetal Mine Safety and Health within 30 days, this Proposed Decision and Order will become final.
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 and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition.
Any party to this action requesting a hearing may indicate a desired hearing site. If a request for a hearing is not filed within 30 days thereof, this Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
/S/ Margie E. Zalesak for
Vernon R. Gomez
Administrator for Metal and Nonmetal