!.IUN 2 6 3Xl9
Lafarge North America, Inc. Davenport Plant
Petition for Modification
Mine I.D. No. 13-00125 Docket No. M-2008-005-M
Proposed Decision and Order
On September 18, 2007, Lafarge North America, Inc., filed a petition under 30 U.S.C.
§ 811 (c) and 30 Code of Federal Regulations (30 C.F.R.) Part 44 seeking a modification of the application of 30 C.F.R. § 56.15005 to its Davenport Plant. The Davenport Plant is a Portland cement producing facility located in Buffalo, Iowa. The facility employs one hundred miners and operates on three, eight-hour shifts, seven days per week.
Petitioner alleges that application of the standard will result in diminution of safety to affected miners. The alternative method outlined in the petition would at all times guarantee no less than the same measure of protection for miners provided by the standard.
Standard 30 C.F.R. § 56.15005 requires:
Safety belts and lines shall be worn when persons work where there is danger of falling.
The Petitioner requested that miners be allowed to work on or near barges without the use of fall protection using the alternative method outlined in their petition.
On June 8, 2009, Lafarge North America, Inc., submitted a letter through their attorney withdrawing their request for modification.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator, and pursuant to Section lOl(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., § 811(c), it is hereby ordered that a modification of the application of 30 CFR § 56.15005 to Lafarge North America Inc. as it applies to barge loading facility at the Davenport, is hereby DISMISSED.
You can now file your MSHA forms online at www.MSHA.gov. It's easy, it's fast, and it saves you money!
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 C.F.R.
§ 44.14, with the Administrator for Metal and Nonmetal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939. 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 no request for a hearing is filed within 30 days after service thereof, this Proposed Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
[image]
Neal Merrifield
Acting Administrator for Metal and Nonmetal Mine Safety and Health
CERTIFICATE OF SERVICE
I hereby certif y that a copy of this Proposed Decision and Order was served personally or mailed, postage prepaid, this day of T,) 1...1 :; , 2009 to:
Douglas Beachard Miner's Representative
Lafarge North America, Inc. Cement
Davenport Plant
P.O. Box 690
Buff alo, IA 52728
Jamie White
Lafarge North America, Inc. Cement
Davenport Plant
P.O. Box 690 Buffalo, IA 52728
Mark N. Savit
Donna Vetrano Pryor Patton and Boggs LLP 1801California Street
Suite 4900
Denver, CO 80202
Patricia W. Silvey
Director, Office of Standards, Regulations and Variances
Mine Safety and Health Administration 1100 Wilson Boulevard
Arlington, VA 22209-3939