In the matter of
Akzo Salt, Inc.
Cleveland Mine
I.D. No. 33-01994
Petition for Modification
Docket No. M-96-02-M
BACKGROUND
On August 9, 1996, a petition was filed by Akzo Nobel Salt, Incorporated, seeking a modification of the application of 30 C.F.R. §57.19109 to petitioner’s Cleveland Mine (I.D. No. 33-01994) located in Cuyahoga County, Ohio. The mine is an underground salt mine using conventional mining methods to recover salt.
Section 57.19109 provides the following with respect to shaft inspection and repair:
Shaft inspection and repair work in vertical shafts shall be performed from substantial platforms equipped with bonnets or equivalent overhead protection.
Generally, the petitioner alleged that performing an inspection of the production shaft and using one of the two skips located within the shaft as overhead protection would provide at least the same level of protection as would compliance with the mandatory standard. The petitioner also claimed that requiring full overhead protection would result in a diminution of safety of the miners. Further details are set out in the petition.
On December 16 and 17, 1996, MSHA investigators conducted an inspection of the mine. The investigators’ report was filed with the Administrator for Metal and Nonmetal Mines. After a careful review of the entire record, including the petition and investigative report, this Proposed Decision and Order is issued.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Section 57.19109 clearly requires the use of overhead protection under two circumstances: during repair work in vertical shafts and during an inspection of the shaft. The investigation revealed that it was possible for the petitioner to use both a bonnet and retractable overhead protection to guard against overhead hazards without compromising miners’ safety. The petitioner’s proposal of a combination of regular shaft inspections plus the presence of one overhead skip does not at all times guarantee at least the same measure of protection as afforded miners under section 57.19109. Furthermore, the petitioner failed to establish that application of the standard would result in a diminution to miners’ safety.
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 §57.19109 to the Cleveland Mine as it pertains to allowing regular inspections of the production lined-shaft prior to all maintenance assignments instead of providing additional overhead protection is hereby DENIED.
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.
Claude N. Narramore
Acting Administrator for Metal and Nonmetal