March 12, 2024
In the matter of PETITION FOR MODIFICATION Nevada Gold Mines LLC
Meikle Mine
Mine I.D. No. 26-02246 Docket No. M-2022-008-M
PROPOSED DECISION AND ORDER
On March 1, 2022, Nevada Gold Mines LLC, Mine I.D. No. 26-02246, filed a petition seeking modification of the application of 30 CFR § 57.11052(d) at its Meikle Mine in Eureka County, Nevada. The petitioner alleges that the 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.
The petitioned standard, 30 Code of Federal Regulations (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.
Petitioner is requesting a modification of the standard to permit the use of commercially available potable water in sealed packages in lieu of providing potable water through waterlines.
The Petition for Modification (PFM), respectfully submitted by Nevada Gold Mines LLC (NGM) through Counsels Karen L Johnston and Laura E. Beverage, relates the following information:
The Meikle Mine is an underground shaft and portal gold mine that began operating in 1994 and expects to continue mining for another 20 to 25 years. The mine is located 27 miles north of Carlin, Nevada, in Eureka County. The mailing address is 1655 Mountain City Highway, Elko, Nevada 89801.
The Meikle Mine currently has 17 refuge areas (referred to primarily in the petition and by mine staff as refuge chambers), with 16 chambers located throughout the underground portion of the mine, and one on the surface. In these refuge chambers, potable water is currently supplied via commercially available packaged water, sealed and sized in individually consumable portions. At present, 13 of the refuge chambers are portable, 12 of which are located underground.
At the present time, each refuge chamber is provided with a waterline. However, due to the configuration and condition of the waterlines and the quality of the water source, the water flowing through these lines is reportedly not potable. Installing waterlines that provide potable drinking water to each refuge chamber is not feasible due to the lack of essential infrastructure. Further, the waterlines may be susceptible to damage during certain mine emergencies, thus the water supply could be cut off completely.
Given the suspect source of the water and the potential for waterline damage, there is no guarantee that potable drinking water can be provided via the waterlines, as required by 30 C.F.R. § 57.11052(d).
By allowing the use of refuge chambers that are not connected to waterlines, the mine will have greater flexibility in locating the portable underground refuge chambers.
This will allow those refuge chambers to be located near where miners are working and be relocated more quickly to working areas where and when needed.
The petitioner seeks an alternative method of compliance with 30 CFR § 57.11052(d) per the following statements and proposals:
1. Thirteen of the refuge chambers in use at the Meikle Mine are MineARC refuge chambers and are made of steel. Twelve of the MineARC refuge chambers are located underground. The remaining four refuge chambers are mined-out crosscuts with bulkheads that were developed into refuge chambers.
2. The refuge chambers are equipped for a maximum capacity of either 12 or 16 miners each. The capacity of the 16 underground refuge chambers currently underground exceeds the normal work crew of approximately 100 miners underground on any given day during each shift.
3. Potable water will be supplied via commercially available water in sealed individual portion-sized pouches in each refuge chamber. The water will be supplied by the case and packaged into 4.227-fluid ounce/ 125-milliliter portions with 50 individual portions per case.
4. At a minimum, the refuge chambers at the Meikle Mine will be supplied with
2.25 quarts of water per day per person for 4 days.
5. At present, the refuge chambers at the Meikle Mine are equipped for a maximum of 16 miners each, for a maximum of 36 hours.
6. The water will have a maximum shelf life of five years. The operator will replace the existing water supply with fresh water before the expiration date of the water.
7. The condition and quantity of water will be confirmed by inspection, on no less than a monthly basis.
8. Written instructions for conservation of water shall be provided with the refuge chamber supplies.
9. All miners affected will receive training in the operation of the refuge chambers and will receive refresher training annually.
10. The refuge chambers will be inspected monthly, and the inspections will be documented by the Mine Manager or his designee.
11. NGM requests this PFM apply to the existing refuge chambers and to future Meikle Mine refuge chambers and locations. NGM asserts that the proposed alternative method will guarantee at all times, no less than the same measure of protection as that afforded by the existing standard.
MSHA personnel investigated the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement. After careful review of the entire record, including the petition, MSHA’s investigative report and further inquiries, the Proposed Decision and Order is issued.
Findings of Fact and Conclusions of Law
MSHA conducted an investigation of the Meikle Mine Petition on April 5, 2022. NGM’s Safety and Health Representative Steve Garvin, and maintenance employee Chad Groen reviewed the Petition and accompanied MSHA during the investigation and inspection of the refuge chambers. MSHA followed up via emails and telephone calls with members of NGM’s safety and health staff, including Mr. Lance Steilman, Safety and Health Manager for NGM’s Carlin Underground Mining Division. During the mine visit and in follow-up contacts, information provided by the mine operator was verified and additional pertinent details were gathered. MSHA’s Directorate of Technical Support Applied Engineering Division (AED) provided technical assistance
during this petition investigation. MSHA reviewed the mine’s inspection history and the operator’s reports of accidents.
The Meikle Mine is an underground shaft and portal gold mine located 27 miles north of Carlin, Nevada, in Eureka County. Access to the underground areas of the mine is via two portals and two shafts with elevators. The portals are identified as the Betze Portal (elevation 4282) and the North Post Portal (elevation 4438). The shafts are identified as Meikle (collar elevation 5226) and Rodeo (collar elevation 5360). All elevations are measured in feet above mean sea level (MSL). One of the shafts has a service and personnel cage, and one has production skips, a personnel cage and a service cage. These entries and egresses also serve as the four escapeways to the surface.
Currently, the mine employs a total of 567 employees, of which 535 are salaried and hourly persons employed by NGM, and 32 are employees of contractor Small Mine Development. Approximately 340 persons work underground. The mine works two, 12-hour shifts, 7 days a week. Shift changes occur on the surface; the maximum number of miners underground at any one time is approximately 100 persons. There are fewer persons working nightshifts and Friday through Sunday because some of the salaried and support staff are scheduled off.
Table 1 provides information about the mine’s refuge chambers. See next page:
| Refuge Chamber Number | Capacity in Persons |
Elevation (M) Meikle,Collar = 5526 (R) Rodeo,Collar = 5360 |
|---|---|---|
| MineARC 013 | 12 | (R) - 3615 |
| MineARC 014 | 12 | (R) - 3920 |
| MineARC 020 | 12 | (R) - 3505 |
| MineARC 046 | 12 | (R) - 4330 |
| MineARC 076 | 12 | (M) - 3705 |
| MineARC 063 | 12 | (R) - 3945 |
| MineARC 114 | 12 | (R) - 3620 |
| MineARC 115 | 12 | (M) - 3700 |
| MineARC 149 | 12 | (M) - 1925 |
| MineARC 226 | 12 | (M) - 3730 |
| MineARC 576 | 16 | (M) - 4265 |
| MineARC 696 | 16 | (M) - 3535 |
| MineARC 697 | 16 | Surface (training) |
| Fixed location 1225 | 12 | (M) - 4301 |
| Fixed location 1450 | 12 | (M) - 3986 |
| Fixed location 1675 | 12 | (M) - 3851 |
| Fixed location 4100 | 12 | (R) - 4100 |
Sixteen of the refuge chambers are located underground. The one refuge chamber located on the surface is used for training. Not all underground refuge chambers are always in service. At present, two refuge chambers are out of service.
Using the mine’s nomenclature, there are two types of refuge chambers: portable and fixed location. Fixed location refuges are sometimes referred to in the mining industry as permanent or built-in-place (BIPs). Portable refuge chambers are sometimes referred to as moveable or temporary. MSHA’s district staff reported that the portable refuge chambers are relocated and positioned as necessary to afford all miners with refuge, that refuges are located such that occupancy during an emergency will not be exceeded, and that travel time from every working place does not exceed 30 minutes.
Portable refuge chamber manufacturer MineARC provides 30 CFR Part 7-approved portable refuge chambers for use in the coal industry. The MineARC portable refuge chambers in use at NGM are constructed and equipped using components similar to the ones used in refuge chambers approved under Part 7.
The portable refuge chambers are equipped with gas monitoring instrumentation to monitor atmospheric conditions, packaged potable water, compressed air supplied via air lines, medical grade oxygen in cylinders, oxygen candles (in chambers sized for 12 persons or greater), toilet, radio, phone, air conditioning, blankets, first aid supplies and food rations.
The MineARC refuge chambers are equipped with an electrically powered scrubbing system and pre-packaged MARCISORB chemical absorber cartridges to remove the buildup of harmful carbon dioxide (CO2) and carbon monoxide (CO) from the air inside the refuge chamber. The chambers’ gas monitoring instrumentation alarms if the quality of air supplied by the mine’s air lines becomes contaminated or otherwise deficient. The alarm will prompt those sheltering inside to initiate operation of the backup oxygen system. The backup oxygen system is rated for 36 hours of operation.
Regarding the fixed position refuges, the bulkheads are fire resistant and solid: framed and covered on both sides with 3-4 inches of metal-reinforced shotcrete and provided with doors. To mitigate the hazard of an external source of air or smoke contaminating the refuge chamber during an emergency, nonflammable, non-toxic sealing material is provided to seal around the door.
For consistency, and to standardize miner training, equipment provided in the fixed position refuges generally mirrors that provided in the portable MineARC refuge chambers. This includes instrumentation to monitor atmospheric conditions both inside and outside the refuge chambers, chemical absorber cartridges and oxygen (O2) bottles.
Backup oxygen inside the fixed position refuges can be turned on and off, and the flow can be adjusted manually as needed to maintain proper oxygen levels. The level of oxygen inside is not automatically controlled as it is in the portable refuges. Persons sheltering inside fixed location refuge chamber must monitor the level of oxygen, and meter the flow of backup oxygen. The fixed position refuge chambers are equipped with a passive scrubbing system. The chemical absorber cartridges are not powered but are hung within the refuge chamber to remove carbon dioxide (CO2) and carbon monoxide (CO) from the air.
All refuge chambers are currently provided with water via a waterline, however the water within the waterlines has a light brown color, an offensive odor and is reported to be non-potable. Due to the condition of the water within the waterline, the mine operator currently supplies all refuge areas with commercially available potable water, packaged in 4.227-fluid ounce/ 125-milliliter portions, with 50 individually sized portions per case. In accordance with 30 CFR § 57.20002 – Potable water, the petitioner intends to continue providing the water in small, individual portions so that additional or extra drinking cups are not required. In accordance with the same standard, the mine will also provide a receptacle for empty water packages.
The mine has agreed to provide potable water in sufficient quantity to supply the rated maximum number of refuge chamber occupants (12 to 16 persons in each refuge chamber) for 96 hours. Potable water is water which meets the quality standards prescribed in the U.S. Public Health Service Drinking Water Standards, published in 42 CFR Part 721, or water which is approved for drinking purposes by the State or local authority having jurisdiction.
By ending its reliance on water supplied by a waterline and changing to a packaged water supply, the mine will be transitioning from an unlimited supply of water to a limited supply of water. Therefore, it is critical that the amount of water provided is sufficient for the safety and health of miners who would be trapped in the underground mine during an emergency. Further, it is important that the mine operator verify that the water stored in the refuge chambers is in place and ready for use when miners are working near the refuge area and expecting to use it in case of an emergency. It is also important to ensure that miners are properly instructed and trained on the importance of rationing water and using the water conservatively to effectively sustain miners’ lives.
The mine intends to leave the existing waterlines intact, not for drinking water purposes, but for emergency or firefighting purposes. To protect miners from drinking unhealthy water it is important to conspicuously mark the existing waterlines as “non-potable.”
MSHA conducted a risk analysis to determine the adequate amount of water.
MSHA’s experience with refuge chambers in underground mines includes discovery of previously unknown, unreported, or unrepaired damage to waterlines and air lines. MSHA is also aware that persons sometimes enter refuge chambers during non- emergency periods and consume supplies of water, food, etc. and therefore compromise the effectiveness of refuge areas. MSHA reviewed the mine’s refuge chamber monitoring equipment and the procedures used to verify chamber readiness. NGM’s mines have a variety of ways that chamber readiness can be monitored.
Some refuge chambers have a video camera that automatically turns on when the chamber’s door is opened and displays the chamber’s interior on a monitor in a remotely located control room. Persons in the control room have real-time visual indication of activity and can take the appropriate action.
Some refuge chambers have an exterior light system that alerts when the refuge chamber door has been opened, as for occupancy and pressurization. The light, which is normally green and steady, indicates that the chamber is ready for use. The light changes to flashing red or blue when the door is opened and remains illuminated in this manner until the chamber’s use is completed. This system provides dual functionality: to alert that the door has been opened, and that persons may be inside with the chamber pressurized. Persons outside know that if the door is opened without depressurizing, they may be injured by a sudden and perhaps violent swinging of the door. After the refuge chamber has been determined to be empty, has been inspected and recertified, the light changes back to green. Many MineARC refuge chambers are equipped with communication lines that can send a signal to a control room, but not all are active.
Refuge chambers located in areas where miners working are available for a daily, visual observation of the exterior by miners who are working in the area, and who would be relying on the refuge chamber in the event of an emergency. They can also be inspected by miners who are passing nearby on their way to another work location. Observing the chamber nearby or seeing from a distance that the refuge chamber’s light is green would assure miners that the chamber is ready should it be needed.
Refuge chambers located in remote areas where no miners are currently scheduled to work and are not expected to be needed for use, need be visually observed less frequently, such as several times each week.
It is important to examine the exterior of each refuge chamber on a regular basis to verify the condition of the waterline, compressed air lines and their connections, back (roof) and rib conditions, and for the presence of the refuge chambers’ tamper-evident seals. If a tamper-evident seal is found to have been removed or broken, an examination of the interior of the chamber should be promptly conducted to assure the required amount of potable water and other supplies are present. After the entire examination is completed, a new tamper-evident seal should be installed. These exterior inspections should be performed daily and included in the secondary escapeway examinations that are conducted at least weekly. Daily exterior observations are believed to provide an adequate level of protection for miners working underground.
The petitioner stated potential hazards to waterlines include damage, interruption, and survivability of the mine’s water lines should an underground event occur. The petitioner reports on page 2, section 6:
“As well, these waterlines are susceptible to damage during an emergency or even under normal working conditions such that the water supply could be cut off completely. Given the source of the water and this potential for damage, there can be no guarantee of potable drinking water via the waterline required by § 57.11052(d) for miners using the refuge areas in the event of an emergency.”
The petitioner also states, on page 3, section 6:
“Application of the standard could adversely impact the safety of the affected miners if they were to rely on waterlines running from the portal to the refuge chambers, which lines are subject to interruption and are inherently less safe than sanitary sealed water pouches located safely inside the refuge chamber. The alternative method of sealed water stored inside each refuge chamber provides 100 percent certainty that the affected miners will have sanitary drinking water available to them regardless of the nature of the emergency.”
The petitioner’s statements related to the mine’s waterlines prompted MSHA to also investigate the potential susceptibility of the air lines. The air lines now in use are a combination of steel and plastic. In general, 6-inch inside diameter (ID) steel pipe manifolds are provided, and are reduced downstream to 2-inch ID. To reduce weight and allow for easier handling, 1-inch ID, high density polyethylene (HDPE) solid-wall pipes are run to the refuge chambers from the smaller diameter steel air lines. The water and air supply lines are typically installed in close proximity to each other near the tunnel back (roof) or at the spring line (the meeting of the roof arch and the sides of a tunnel). The spring line is typically approximately 14-15 feet above the floor, and the back is typically approximately 17 feet above the floor.) When a refuge is relocated, the mine installs additional HDPE air pipe to the new location, with the last portion of the line being a short flexible hose.
It is critical to the survivability of miners sheltering in refuge chambers that a reliable, breathable air atmosphere be provided and maintained. The fixed position refuges do not have the same automatic control of oxygen levels as is provided in the MineARC refuge chambers. In order to protect the health and safety of miners in fixed position refuge chambers, it is necessary to: monitor the condition of the compressed air lines supplying these refuge chambers, meter the use of back-up oxygen if it is used and monitor the atmosphere inside the refuges. Monitoring and metering protect against hazards such as oxygen-deficient and oxygen-rich atmospheres, exposure to toxic gases, and elevated concentrations of carbon dioxide and carbon monoxide gasses. MineARC refuge chambers are equipped with the company’s Guardian System that monitors toxicity in the compressed air line and turns on a scrubber every 12 hours. If there is a system fault, a strobe light flashes a visual indication outside the chamber so the problem can be noticed, troubleshot and repaired. This system can send a fault signal to a remotely located control room if it is connected.
Since January 1, 2015, the Meikle Mine has reported on MSHA’s Accident Reporting Form 7000-1, two fall-of-ground incidents. Ground falls potentially cause and have resulted in damage to the water and/or air lines. During the same period, no underground fires were reported at the Meikle Mine. However, NGM’s Leeville Mine experienced an air compressor fire which damaged an HDPE air line, resulting in contaminated air being supplied to a refuge chamber.
The quality of compressed air was also investigated. Compressed air is produced by oil-lubricated compressors that have their air intake on the surface. An inline filter on the air line captures oil particulate prior to air being released inside the chamber. The refuge chambers are equipped with a MineARC CAMS (Compressed Air Management System), which consists of 4 filters: a water separator, a pre-filter, a coalescing filter, and an absorption filter. The system is equipped with an auto-drain feature and includes an air toxicity monitor that measures CO, CO2, and O2. The compressed air system is inspected weekly, monthly, and every 120 days. During the 120-day inspection, the pre-filter, coalescing filter, and absorption filter are replaced, the water separator is examined and cleaned or replaced if needed. All brass check valves are replaced during the 120-day inspection. Filter system inspections and scheduled maintenance are performed per MineARC’s instruction, which is compliant with ISO 12500-1 (Filters for compressed air – Test methods – Part 1: Oil aerosols) and is designed to meet AS/NZS 1716:2003 (the Australian/New Zealand Standard for Respiratory protection devices.
The refuge chambers are all equipped with CO2 and CO scrubbers. The mine will continue to maintain the compressed air lines to the refuge chambers and the backup air systems. Every refuge is equipped with a gas detection unit capable of monitoring the air provided and the atmosphere inside and outside the refuge area.
MSHA gathered information related to ambient temperatures in the mine to evaluate whether more than the proposed supply of 2.25 quarts of water per person per day would be required to sustain life. The mine reported that mine temperatures vary throughout the year depending on the surface temperature. The mine conducted an ambient temperature survey in 2022, showing that the highest temperature in the mine was 114˚F in the mine’s REN area. The mine installed chillers, lowering the maximum temperature in that area to 98˚F. The mine’s ventilation fans are equipped with burners that heat the air to prevent temperatures from dropping below freezing. The refuge chambers are equipped with high and high-high temperature sensors that warn at 95˚F and 104˚F, and low and low-low temperature sensors that warn at 50˚F and 32˚F. The refuge chambers are equipped with air conditioning units that will maintain the chamber’s internal temperatures at 86˚F for 36 hours when at full capacity and running on battery power.
The petitioned standard, 30 CFR § 57.11052(d), is a subsection of 30 CFR § 57.11052 – Refuge areas. The investigation reviewed the details of compliance with all subsections. The petitioner intends to meet the minimum requirements of 30 CFR § 57.11052.
Because the mine must remain compliant with the entire standard, the investigation reviewed the details of compliance with all subsections. The mine is compliant with, or will be compliant with all subsections, as follows:
a) “Of fire-resistant construction, preferably in untimbered areas of the mine;”
The fixed location refuge chambers are in mined-out crosscuts with bulkheads. The stone walls of the refuge chamber are naturally noncombustible. The framed bulkheads are covered on both sides with 3-4 inches of noncombustible shotcrete.
According to the manufacturer’s published descriptions and specifications, the MineARC portable refuge chambers are fire resistant. The exterior housing is constructed using 5-mm thick steel plate, the interior is equipped with stainless steel hardware throughout, and the refuge chambers have a 5-psi blast rating.
b) “Large enough to accommodate readily the normal number of persons in the particular area of the mine;”
MSHA’s investigation determined that the portable refuge chambers are positioned where necessary to accommodate all miners working in active areas of the mine.
c) “Constructed so they can be made gastight;”
MSHA’s investigation determined that the fixed location refuge chambers are constructed so they are gastight where the bulkhead contacts the stone walls, and sealing materials are provided inside to seal around the door.
MSHA also determined that the MineARC portable refugee chambers are manufactured using similar materials and methods as those used to construct Part 7-approved refuges for the coal industry. MineARC constructs the refuge chambers with outward opening doors, double-locking handles and vacuum tested seals.
d) “Provided with compressed air lines, waterlines, suitable handtools, and stopping materials.”
The waterlines are specifically being petitioned. The petitioner raised concerns about the survivability of the waterlines should there be an underground event, which could also impact the compressed air lines. Therefore, the waterlines, compressed air lines (and the associated provision of breathable air) were included in MSHA’s petition investigation.
As required in subsection “c” above, the petitioner provides sealing materials inside the fixed position refuge chambers and suitable tools to maintain the seal around the door when necessary. The petitioner has standardized the equipment, use and training for all refuge areas, therefore all suitable tools should be provided in a consistent manner for all refuge areas. MineARC’s standard refuge chamber equipment includes a fire extinguisher. The petitioner intends to maintain a fire extinguisher suitable to fight a fire within or near a refuge area.
The alternate methods proposed in NGM’s Petition for Modification, and MSHA’s investigation, review and recommendations were used to develop the Proposed Decision and Order. They provide the factual basis for the Terms and Conditions.
There are presently no miners’ representatives at the Meikle Mine. NGM posted a copy of the Petition on the mine’s bulletin board. Per 30 CFR Part 44, it shall remain posted as long as the Order is in place at the mine. After the Petition was filed, NGM gave a copy of the Petition to 12 miners. All read the Petition and indicated by their signature that they had no comments or concerns.
The granting of this petition would affect all underground miners at this 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 Nevada Gold Mines LLC’s Petition for Modification for relief of the application of 30 C.F.R. § 57.11052(d) in the Meikle Mine is hereby:
GRANTED, for the operator to provide life sustaining potable water and life sustaining breathable air to all refuge areas including each existing refuge chamber, and all future newly constructed or repositioned refuge chambers. Potable water will be provided via commercially available packaged water, sealed and sized in individually consumable portions. Life sustaining breathable air will be provided using air via compressed air supply lines, with backup oxygen provided in accordance with the specifications of a
refuge chamber manufacturer that produces Part 7-approved refuge alternatives, subject to the conditions of this Order:
TERMS AND CONDITIONS
Nevada Gold and MSHA agree to modify the standard 30 C.F.R. § 57.11052(d) at Nevada Gold’s Meikle Mine in Eureka County, Nevada as follows:
1. This Order shall apply to the existing refuge chambers, to relocated refuge chambers, and to future refuge chambers.
2. Refuge chambers shall accommodate the maximum number of persons that can be expected to be working in the area of the mine at any time.
3. Each refuge chamber shall be supplied with water sufficient for the number of miners for which the refuge is designed, for up to four days.
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 for each person per day, for at least four days.
c. Water shall be stored in a manner that makes the expiration dates readily visible for inspection.
d. Water shall be exchanged with a fresh supply prior to the water manufacturer's specified expiration dates, or at intervals not to exceed five years, whichever occurs first. 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. The condition and quantity of stored water shall be confirmed by inspection on at least a monthly basis, and the inspections shall be documented.
f. A weekly examination of the exterior of the refuge chamber shall be conducted to verify the condition of the compressed air line and its connection, roof and rib conditions, and for the presence of the tamper-evidence seals. If the refuge area is in an active work area, the exterior of the refuge chamber shall be inspected in the same manner as part of the regular work place examination. If the tamper- evident seals are found to have been removed or broken, an examination of the interior of the chamber shall be conducted to assure the required amount of potable water is present. After the examination, a tamper- evident seal shall be replaced.
g. Written instructions for conservation of water shall be provided in the refuge chamber.
5. The mine shall leave existing waterlines in close proximity to refuge areas intact. The waterlines will be conspicuously labeled as “non-potable” and shall be maintained legible to miners.
6. Refuge chamber environmental protection systems shall be maintained in functional operating condition and inspected and maintained per the manufacturer’s specifications and instructions. These systems include but are not limited to; electrically powered scrubbing system MARCISORB chemical absorber cartridges, air conditioning units to maintain temperatures at 86 degrees when at full capacity and running on battery power.
7. Refuge chambers shall contain gas detection equipment capable of monitoring concentrations of oxygen, carbon dioxide, carbon monoxide, and other harmful gases specific to the mine. The detection equipment must be functional for 96 hours.
8. Training on refuge chambers and their environmental systems and instructions for use shall be provided for affected personnel at least semi- annually. Training shall include:
a. The hazards associated with insufficient and excessive concentrations of oxygen, carbon dioxide, carbon monoxide and other harmful gases specific to the mine,
b. The use of gas detector(s) to monitor concentrations of oxygen and potentially harmful concentrations of gases, and
c. The operation and chemical recharging of the refuge chamber’s interior atmosphere scrubbing and other environmental systems.
9. 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 implementation of the training plan by the Petitioner. Nevada Gold shall include the above terms and conditions in the initial and annual refresher training to ensure that miners are aware of the stipulations contained in this Order.
10. The mine shall comply with all other requirements of 30 C.F.R. § 57.11052 – Refuge areas.
Unless specifically mentioned herein, nothing in this Order changes or supersedes the requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved plans.
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 22202.
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.
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 paid, or provided by other electronic means this 12th day of March, 2024, to:
Laura E. Beverage
Karen L. Johnston
Jackson Kelly PLLC
1099 18th Street, Suite 2150
Denver, CO 80202
lbeverage@jacksonkelly.com
kjohnston@jacksonkelly.com
Chris Torres,
Safety & Health UG Mgr.
Nevada Gold Mines LLC
1655 Mountain City Hwy Elko, NV 89801
Chris.torres@nevadagoldmines.com
Michele Gussie
Secretary for Mine Safety and Health Enforcement