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Petiton Docket No. M-2023-006-C

2/25/25
In the matter of:      Petition for Modification
Peabody Southeast Mining, 
LLC Shoal Creek Mine
I.D. No. 01-02901      Docket No. M-2023-006-C

PROPOSED DECISION AND ORDER

On April 7th, 2023, an amended petition was filed seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.1002(a) to Petitioner’s Shoal Creek Mine located in Walker County, Alabama. The Petitioner alleges that the alternative
method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.

The petitioned standard, 30 C.F.R. § 75.1002(a) states, in relevant part,
(a) Electric equipment must be permissible and maintained in a permissible condition when such equipment is located within 150 feet of pillar workings or longwall faces.

Petitioner is requesting a modification of the standard to allow the use of certain non-permissible electronic testing or diagnostic equipment located within 150 feet of pillar workings or longwall faces (subject area) with additional safeguards including the following: pre-use safety checks of equipment by a qualified person, cessation of coal production during use, continuous methane monitoring before and during equipment use, prohibition on using equipment when methane is at or above 1%, training with respect to safe use and hazards and limitations associated with the use of the equipment. The petitioner contends that this alternative method will at all times guarantee no less than the same measure of protection afforded by the standard.

MSHA investigators conducted an investigation into the merits of 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 and MSHA’s investigative report, this Proposed Decision and Order is issued.

Finding of Fact and Conclusion of Law

On March 6, 2024, Philip Ingram investigated the subject petition. The following persons participated in the investigation:

Morris Studdard (UMWA Safety Chairman) 
Ryan Barrett (Peabody Engineer)
Howard Dunbar (Maintenance Foreman)

The miners are represented by the United Mine Workers of America (UMWA) and there were miners’ representatives involved in the investigation.

The Shoal Creek Mine is a vertical-shaft underground mine that is located Tuscaloosa County, Alabama that is extracting coal from the Blue Creek seam by the means of a longwall mining system and continuous miners. The mine consists of two continuous miner units and one longwall mining system, which utilize both split and sweeping ventilation with coal being produced on three shifts per day with a daily production of 20,000 raw tons. The mechanized mining units (MMU’s) utilize Joy 14/15 continuous mining machines to extract coal. The coal is transported from the working faces to the belt tail feeder using Joy / Narco shuttle cars on the active MMU’s. Coal is then transported via belt conveyors through the mine to the surface. The mine has approximately 403 underground employees. The mine liberates 2,768,380 cubic feet of methane in a 24-hour period.

The Petitioner submitted for use the following non-permissible testing and diagnostic equipment in and inby the last open crosscut, in the return air course and within 150 feet of pillar workings or longwall face: Hilti PDE Laser-Hilti PD-E, Fluke Manometer-Fluke 922 Airflow Meter, Fluke Pocket Tester-Fluke 1AC Volt Alert, Fluke 177- Fluke 177 Digital Meter, Fluke 789FC- Fluke 789 FC Process meter, Fluke 1550C- Fluke 1550C FC KV Insulation Tester, Fluke 10 KV Megger- Fluke 1555 FC 10 KV Insulation Tester, Fluke 1587- Fluke 1587FC, Fluke 87V- Fluke 87V Max Industrial Multimeter, and Sharp Calculator- Sharp EL-501X.

During the investigation, Electrical Specialist Philip Ingram traveled underground to J-3 continuous mining section and L-0 longwall section of the Shoal Creek mine to test for potential Electromagnetic Interference (EMI) and Radio Frequency Interference (RFI) issues between the non-permissible testing and diagnostic equipment and the electrical equipment normally worn, carried, or operated by a miner. The test was also conducted on the mine tracking and communication systems1. The petitioned equipment can create a potential for electromagnetic interference (EMI) and Radio Frequency Interference (RFI) when near other electrical and/or communication equipment.

Mining conditions are as follows: eight to eleven feet mining height, wet, with metal rib and roof bolts. Mine personnel provided equipment normally used in conjunction with the testing and diagnostic equipment. The investigator first performed baseline functionality tests of all electrical equipment involved in testing by positioning them individually away from one another. Then conducted testing by positioning the petitioned equipment in various orientations and distances from the electrical equipment that would normally be exposed to the petitioned equipment. The potential for Electromagnetic Interference (EMI) rises as electrical equipment

1 Zhou, Chenming (Jim), Mining Project: Electromagnetic Interference and Electromagnetic Compatibility Considerations in Underground Mines, The National Institute for Occupational Safety and Health (NIOSH), Office of Mine Safety and Health Research, Pittsburgh, PA, January 2019. and petitioned equipment operate close together, so distances range from twelve inches to zero inches to account for this. During the testing there were no noticeable Electromagnetic Interference (EMI) or Radio Frequency Interference (RFI) with the petitioned equipment and any of the electrical equipment that was tested.

The operator stated that the petition was needed for testing and troubleshooting equipment that would go down inby the last open crosscut, within 150 feet of longwall face and/or in the return air course. The Petitioner stated their other mines have similar petitions and they just wanted to be following the regulations. Additionally, the equipment that is being requested does not have an approved equivalent.

A petition should not be filed if the regulation specifically delegates authority to the District Manager to grant a waiver of the standard, unless it is accompanied by correspondence from the District Manager denying the request for the waiver and explaining the reasons for the denial.

Similarly, this Order will not grant authority to the District Manager that is not already delegated through an existing regulatory standard. Therefore, the Petitioner’s request to use “other similar testing and diagnostic equipment if approved in advance by the District Manager” will not be granted under this Order because the vague language does not adequately identify the specific equipment and consequently no evaluation was made during the investigation.

The mine operator’s request to use cable fault detectors within 150 feet of working sections or longwall faces will not be granted under this Order because cable fault detectors have the capability of detecting faults at distances of several thousand feet and determines the distance from the detector connection to the cable fault location. The cable fault detectors can be connected at a power center location and are capable of detecting faults at any location in the cable. Cables are used in many different locations in the underground mine environment. When using cable fault detectors, the area must be examined to determine whether it is safe to inject current throughout the length of the cable and not just where you and the cable fault detector are located. The atmosphere should be tested for hazardous levels of methane in all the mining areas where the cable is located prior to injecting current into the cable.

Electrical accidents that occur in the mining industry frequently result in serious workplace injuries. The two most common categories of electrical injury are electrical shock and electrical burns. Since January 2020, 32 electrical accidents have occurred in the mining industry. Contact with electrical current occurred in 13 of the accidents, two of which resulted in fatalities. Flash burns occurred in 12 of these accidents. Most of these electrical accidents occurred while work was being performed on electrical equipment. Conducting electrical work on energized electrical conductors or circuit parts is intentionally coming in contact with energized electrical conductors or components, with body parts, tools, probes or test equipment regardless of the personal protective equipment (PPE) a person is wearing. There are two categories of "working on":

diagnostic and repair. Diagnostic (testing) is taking readings or measurements of electrical equipment with approved test equipment that does not require making any physical change to the equipment; and repair is any physical alteration of electrical equipment (such as making or tightening connections, removing or replacing
components, etc.).

MSHA regulations do not directly address procedures for testing and diagnostic equipment that are not permissible in areas where permissible equipment is required. Therefore, in order to determine if the alternative method will all times guarantee no less than the same measure of protection afforded by the existing standard, additional measures shall be incorporated when using the testing and diagnostic equipment as petitioned.

This consensus standard incorporates new research, new technology, with electrical hazards encountered by employees in current workplaces. An electrically safe working environment can be provided and maintained when the processes are followed using testing and diagnostic equipment. Proper training, practices, procedures and performing audits will not only provide employee safety relative to electrical hazards in the workplace but aid in maintaining employee safety. The Petitioner must implement a written safety program that directs activities specific to the risk associated with the hazards while using this electrical: testing and diagnostic equipment. The program must include the following: hazard elimination as the first priority; electrical safety principles; lockout/tagout principles, programs and procedures; establishing an electrically safe work condition; establishment of an effective audit program; establish effective controls; conducting an effective risk assessment; minimizing human error utilizing hierarchy of controls; job safety planning and job briefing; conducting inspections to verify that installations are safe; conducting effective maintenance; conducting incident investigations; conducting electrical safety training; establishing emergency response training for electrical related accidents; testing instruments and equipment; operation verification; visual inspections; adhering to manufacturer’s instructions; and, establishing work procedures that address electrical hazards while considering infeasibility, work permits, and shock risk; conducting arc flash risk assessments; and establishing limited approach boundaries. MSHA already has approved some of the above-listed equipment as permissible. MSHA’s Approval and Certification Center List of Approved Products contains permissible electronic testing and diagnostic equipment, including some of the equipment the Petitioner has requested to use. For example, the Petitioner requested to use vibration analysis machines, point temperature and infrared temperature devices, and voltage, current and resistance meters, which currently are on the list of approved products. This Proposed Decision and Order excludes already-approved equipment.

Other equipment that the Petitioner requested to use is not MSHA-approved as permissible. MSHA notes that National Institute of Occupational Safety and Health (NIOSH) researchers have conducted studies on intrinsically safe (IS) equipment and believe that that International Electrotechnical Commission (IEC) document 60079-11, or the American National Standards Institute (ANSI)/International Society (ISA) document 60079-11 for two-fault equipment (marked as ia), would provide an equivalent level of safety as MSHA-approved equipment.33 Calder, William, David P. Snyder, and John F. Burr; Intrinsically Safe Systems: Equivalency of International Standards Compared to U.S. Mining Approval Criteria, IEEE Transactions on Industry Applications, January 2018; Calder, William, et. al., An Evaluation of the Relative Safety of U.S. Mining Explosion-Protected Equipment Approval Requirements versus those of International Standards, in Procedures, Society of Mining Engineers, Annual Meeting, Denver, Colorado, USA, February 2017; and Homce, Gerald, Joseph Waynert, Michael Yenchek, and R.J. Matetic, R.J.; A Comparison of U.S. Mining Industry Criteria for Intrinsically Safe Apparatus to Similar IAEC-Based Standards, Centers For Disease Control (CDC), National Institute for Occupational Safety and Health (NIOSH), Office of Mine Safety and Health Research, Pittsburgh, PA, December 2016.

MSHA does not consider all equipment that meets the 60079-11 standard as equivalent to MSHA approval at this time. However, MSHA also recognizes that use of equipment meeting the 60079-11 standard for two-fault equipment (and even, to a lesser extent, equipment meeting one fault (marked as ib) or no-fault (marked as ic) standards) provides a level of safety that is not provided by equipment that does not meet the IEC/ANSI/ISA standards. The safety purpose of 30 C.F.R. § 75.507-1 is to ensure that electric equipment will not cause a mine ignition, fire, or explosion when such equipment is taken into or used within testing and diagnostic equipment.

The program must include the following: hazard elimination as the first priority; electrical safety principles; lockout/tagout principles, programs and procedures; establishing an electrically safe work condition; establishment of an effective audit program; establish effective controls; conducting an effective risk assessment; minimizing human error utilizing hierarchy of controls; job safety planning and job briefing; conducting inspections to verify that installations are safe; conducting effective maintenance; conducting incident investigations; conducting electrical safety training; establishing emergency response training for electrical related accidents; testing instruments and equipment; operation verification; visual inspections; adhering to manufacturer’s instructions; and, establishing work procedures that address electrical hazards while considering infeasibility, work permits, and shock risk; conducting arc flash risk assessments; and establishing limited approach boundaries. 

MSHA already has approved some forms of the above-listed equipment as permissible. MSHA’s Approval and Certification Center List of Approved Products contains permissible electronic testing and diagnostic equipment, including some of the equipment the Petitioner has requested to use. Proposed Decision and Order excludes already-approved equipment. MSHA does not consider all equipment that meets the 60079-11 standard as equivalent to MSHA approval at this time. 

The safety purpose of 30C.F.R. § 75.507-1 is to ensure that electric equipment will not cause a mine ignition, fire, or explosion when such equipment is taken into or used within 150 feet of pillar workings or longwall faces of any coal mine. Similarly, the Petitioner’s alternative proposal seeks to ensure that, when used, non-permissible testing and diagnostic equipment will not introduce an ignition, fire, or explosion hazard by limiting such use to situations in which, methane levels are at or below 1%, increased equipment checks, methane monitoring, and training. However, while these conditions would mitigate the risks of a mine ignition, fire, or explosion when such equipment is taken into or used within 150 feet of pillar workings or longwall faces, MSHA has determined that additional conditions and clarifications are necessary to achieve the same measure of protection as using permissible testing and diagnostic equipment, including specifications for the use of lithium batteries, using equipment that meets IEC/ANSI/ISA standards, retiring older equipment, and more prescriptive checking, recordkeeping, training requirements by limiting such use to situations in which coal production has ceased during use and that no float coal dust be in suspension.

Miners were interviewed as part of the investigation, and they did not raise safety concerns related to the use of this equipment. The miners at the Shoal Creek Mine are represented by a labor union and there are designated miner’s representatives. The granting of this petition would affect all underground miners. The petition has been posted on the mine bulletin board. MSHA finds that the alternate method proposed by the Petitioner (and as amended herein by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.507-1.

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, as amended, 30 U.S.C. § 811 (c), it is ordered that Century Mining, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.507-1(a) in the Shoal Creek Mine is hereby:

GRANTED, for low-voltage or battery-powered non-permissible electronic testing and diagnostic equipment taken into or used in return air outby the last open crosscut” (subject area), conditioned upon compliance with the following terms and conditions:

1.    This equipment shall be used only: (1) until MSHA-approved permissible electronic testing and diagnostic equipment are available; (2) if mechanical equipment is not commercially available that can perform the work; or (3) when the mining equipment being tested cannot be towed or moved under its own power to intake air, out of the subject area. The equipment allowed under this Order (low voltage or battery-powered non-permissible electronic testing and diagnostic equipment) shall be limited to Hilti PDE Laser-Hilti PD-E, Fluke Manometer-Fluke 922 Airflow Meter, Fluke Pocket Tester-Fluke 1AC Volt Alert, Fluke 177- Fluke 177 Digital Meter, Fluke 789FC- Fluke 789 FC Process meter, Fluke 1550C- Fluke 1550C FC KV Insulation Tester, Fluke 10 KV Megger- Fluke 1555 FC 10 KV Insulation Tester, Fluke 1587- Fluke 1587FC, Fluke 87V- Fluke 87V Max Industrial Multimeter, and Sharp Calculator- Sharp EL- 501X. Fault detectors are not allowed in the subject area. Where commercially available, the operator must use equipment that meets IEC 60079-11 or the ANSI/UL 60079-11 for two-fault IS (marked ia), one-fault IS (marked ib), or no-fault IS (marked ic) in that order of preference. The equipment must have an IP 66 rating or higher when available. When an IP 66 rating is not available, the highest IP rating available must be used. When equipment contains lithium batteries, the equipment must meet lithium battery safety standard UL1642 or IEC 62133. All other equipment in the subject area must be permissible.

2.    A record for this equipment shall be maintained on mine property either in a secure book or electronically in a secure computer system not susceptible to alteration. The record will contain the date of manufacture and/or purchase of each particular piece of electronic testing and diagnostic equipment and include proof of compliance with any lithium battery safety standard.

The original equipment manufacturers’ user and maintenance manuals shall be followed and maintained on mine property. The record and manuals shall be made available to Authorized Representatives of the Secretary and miners at the mine.

3.    The equipment to be used in the subject area shall be examined by a qualified person, as set forth in 30 C.F.R. § 75.153, prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. At a minimum, the qualified person conducting the exam shall:
i.    Check the instrument for any physical damage and the integrity of the case;
ii.    Remove the battery and inspect for corrosion;
iii.    Inspect the contact points to ensure a secure connection to the battery;
iv.    Reinsert the battery and power up and shut down to ensure proper connections;
v.    Check the battery compartment cover or battery attachment to ensure that it is securely fastened; and
vi.    For equipment utilizing lithium type cells, ensure the lithium cells and/or pack are not damaged or swelled in size.

4.    The equipment shall be examined at least weekly by a qualified person as required by 30C.F.R. § 75.512-2; examination results shall be recorded weekly in the equipment’s record. Examination entries in the record may be expunged after one year.

5.    The equipment shall be serviced according to the manufacturers’ recommendations. Dates of service shall be recorded and include a description of the work performed.

6.    The equipment shall not be put into service until MSHA has initially inspected the equipment and determined it is in compliance with all the terms and conditions of this Order. The equipment shall be tested for potential adverse effects of Radio Frequency Interference (RFI) and Electromagnetic Interference (EMI) for any disturbances with performance of remote-control transmitters, atmospheric monitoring systems, fire sensors, machine-mounted methane monitors, hand-held detectors, miner’s cap lamps, tracking and communication systems, proximity detection systems, etc. A record of the test performed similar to those conducted by NIOSH shall be maintained on mine property for the service life of the equipment and made available to MSHA upon request. MSHA should be notified at least 5 working days before such testing will be performed.

7.    The equipment shall not be used if methane is detected in concentrations at or above 1.0 percent methane. When 1.0 percent or more of methane is detected while the equipment is being used, the equipment shall be de-energized immediately and withdrawn out of the subject area to fresh air. Batteries shall not be removed to deenergize equipment because removing the battery exposes battery contacts to accidental short-circuiting. All requirements of 30 C.F.R. § 75.323 must be met before returning to the equipment to the subject area.

8.    For additional safety, prior to taking the equipment to the subject area or energizing the equipment in the subject area, a certified person (as set forth by 30 C.F.R.§ 75.100) shall conduct a visual examination of the location where the equipment will be used for:
1)    evidence that the subject area appears to be sufficiently rock dusted and;
2)    the presence of accumulated combustible material including float coal dust in suspension. If the rock-dusting appears insufficient, or the presence of float coal dust is observed in suspension, the equipment may not be energized until sufficient rock dust has been applied and/or the accumulations of combustible materials including float coal dust in suspension have been cleaned-up or removed.

9.    All hand-held methane detectors shall be MSHA-approved and maintained in permissible and proper operating condition as set forth by 30 C.F.R. § 75.320. Measurement devices shall be calibrated, or bump tested before each shift to verify proper operation. In addition, all methane detectors must provide visual and audible warnings when methane is detected at and above 1.0 percent.

10.    Prior to energizing the equipment in the subject area, methane tests must be made at least 12 inches from the roof, face, ribs and floor, as set forth in 30 C.F.R. § 75.323(a).

11.    The subject area must be examined preshift, as set forth by 30 C.F.R. § 75.360, prior to using the equipment. If the area was not examined preshift, a supplemental examination, as set forth by 30 C.F.R. § 75 .361, must be performed before any noncertified person enters the area.

12.    Before using the equipment in the subject area, the qualified person must confirm by measurement or by inquiry of the certified person in charge of the section, that the air quantity on the section, for that shift, is at least the minimum quantity required by the mine's approved ventilation plan.

13.    Two qualified persons shall continuously monitor for methane immediately before and during the use of the equipment in the subject area. Each qualified person shall have a hand-held methane detector (one person must use a catalytic detector and the other person must use an infrared gas detector) and be strategically positioned in locations with the greatest potential to detect hazardous gas in the area where the equipment is being used. A qualified person shall also remain with the equipment while the equipment is used in the subject area.

13.    Batteries contained in the equipment must be "changed out" in intake air, out of the subject area. No work shall be performed on any testing and diagnostic equipment listed in this Proposed Decision and Order while such equipment is in the subject area. Replacement batteries for the equipment shall not be brought in the subject area. On each entry into the mine, all batteries for the equipment must be fully charged and protected (i.e., carried only in the compartment provided for a spare battery in the equipment or the equipment carrying case). Batteries for the equipment listed within this Proposed Decision and Order shall not be charged underground. The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:
i.    The battery pack must not be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.
ii.    The battery pack must only be charged using the original equipment manufacturer’s recommended charger on the surface of the mine.
iii.    The battery must not be exposed to water or allowed to get wet. This does not preclude incidental exposure of sealed battery packs.
iv.    The battery must not be placed in direct sunlight or used or stored near a source of heat.
v.    The battery must not be used at the end of its life cycle (e.g. when there is a performance decrease of greater than 20% in battery operated equipment). The battery must be disposed of properly.

14.    Personnel engaged in the use of the equipment shall be properly qualified, as specified in 30C.F.R. § 75.153, and trained in accordance with the manufacturers’ recommended safe use procedures and trained to recognize hazards associated with the use of the equipment where methane could be present. The Petitioner must also follow the safe and reasonable work practices that address a lockout tagout program and arc flash risk assessments and protections. Following the work practices in the voluntary consensus standard NFPA 70E 2018 (or equivalent) is one method to meet this requirement.

15.    All qualified persons and miners affected shall receive specific training on the terms and conditions of this Proposed Decision and Order before using the equipment in subject areas. A record of any training on this Proposed Decision and Order shall be maintained and provided upon request by an Authorized Representative of the Secretary.

16.    Within 60 days after the Proposed Decision and Order becomes final, the operator shall submit proposed revisions, to its approved 30 C.F.R. § 75.370 mine ventilation and 30 C.F.R. Part 48 training plan to the Mine Safety and Health Enforcement District Manager, specifying the initial and annual training needed for the safe operation of this equipment. The training must include the safe work practices, procedures, and the safety program that addresses a lockout tagout program and arc flash risk assessments and protections. Guidelines that address these elements are contained in the voluntary consensus standard NFPA 70E 2018 and inclusion of these guidelines (or equivalent) is one method to meet this requirement. When training is conducted pursuant to the terms and conditions of this Proposed Decision and Order, an MSHA Certificate of Training (Form 5000-23) shall be completed. A notation shall be included on the Certificate of Training to indicate it is for non-permissible testing equipment training.

17.    Within 60 days after this Proposed Decision and Order becomes final, the operator shall submit proposed revisions to its approved mine emergency evacuation and firefighting program of instruction as required by 30 C.F.R. § 75.1502. The operator shall revise the program to include fire and explosion hazards and evacuation procedures when using equipment in subject

areas. All underground miners shall be trained on any revisions within 30 days of approval by the Mine Safety and Health Enforcement District Manager.

18.    The equipment used shall be no older than 10 years from date of manufacture or removed at the end of its service life as recommended by the manufacturer, whichever is shorter.

19.    The operator is responsible for ensuring that all persons, including contractors, are using the equipment in accordance with this Proposed Decision and Order. The conditions of use in this Proposed Decision and Order shall apply to all non-permissible electronic equipment used in the subject area, regardless of whether the equipment is used by an employee or by an independent contractor.

20.    The operator shall post this Proposed Decision and Order in unobstructed locations on mine bulletin boards and/or in other conspicuous places where notices to miners are ordinarily posted for a period of not less than 60 consecutive days.

21.    The subject equipment shall not be used when coal production is occurring on the section. All mining on the section shall cease prior to use of the equipment in the subject area. A positive means of preventing mobile equipment from tramming in the same entry or crosscut of the affected area shall be provided and addressed in the mine ventilation plan.

22.    Unless specifically mentioned herein, nothing in this Proposed Decision and Order changes or supersedes the requirements othe1wise imposed by the Mine Act, other mandato1y standards or regulations, or approved ventilation or other 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 the hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Arlington, Virginia 22202-5450.

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 pa1ty requesting the hearing, including specific objections to the proposed decision.

A patty other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any patty 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 Petitioner 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 25th day of February 2025    , to:

Fisher & Phillips LLP, 
Six PPG Place, 
Suite 830, 
Pittsburgh, PA 15222 
hmoore@fisherphillips.com

Gary W. Hebel
Mine Safety and Health Safety Specialist

cc: Mr. James R. West, Mine Safety and Inspection Chief Alabama Department of Labor Physical Address, 1400 Urban Center Dr., Suite 200, Vestavia Hills, AL 25242
Mailing Address PO Box 430189, Vestavia Hills, AL 25243 James.West@labor.alabama.gov