Petitions for Modification of Application of Existing Mandatory Safety Standards, 60047-60051 [2017-27120]
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nonpermissible electronic equipment is
being used, the equipment will be
deenergized immediately and
withdrawn to fresh air (intake air entry)
more than 150 feet outby pillar
workings.
(7) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(8) Except for the time necessary to
troubleshoot under actual mining
conditions, coal production in the
longwall section will cease. However,
coal may remain in or on the equipment
such as the pan line in order to test and
diagnose the equipment under ‘‘load.’’
(9) Nonpermissible electronic testing
and diagnostic equipment will not be
used to test equipment when float coal
dust is in suspension.
(10) All electronic testing and
diagnostic equipment will be used in
accordance with manufacturer’s
recommended safe use practices.
(11) Qualified personnel who use
electronic testing and diagnostic
equipment will be properly trained to
recognize the hazards and limitations
associated with use of the equipment.
(12) The petitioner will notify MSHA
before nonpermissible electronic testing
and diagnostic equipment is used
within 150 feet of pillar workings. The
notice will advise MSHA when any
nonpermissible electronic testing and
diagnostic equipment is put in service
and give MSHA the opportunity to
inspect such equipment before being
used.
(13) Within 60 days after the proposed
decision and order (PDO) becomes final,
the petitioner will submit proposed
revisions for its approved 30 CFR part
48 training plan to the District Manager.
These revisions will specify initial and
refresher training regarding the terms
and conditions of the PDO.
The petitioner asserts that application
of the existing standard will result in a
diminution of safety to the miners and
that the proposed alternative method
will at all times guarantee no less than
the same measure of protection afforded
by the existing standard.
Docket Number: M–2017–005–M.
Petitioner: Ernie Peachay, One
Arizona Center, 400 East Van Buren
Street, Suite 1900, Phoenix, AZ 85004–
2202.
Mine: Old Smith Family Mine,
Second Divide, Downieville, California
95936, MSHA I.D. No. 04–05820,
located in Sierra County, California.
Regulation Affected: 30 CFR 57.4533
(Mine opening vicinity).
Modification Request: The petitioner
requests a modification of the existing
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standard to the Old Smith Family Mine.
A small underground gold mine
established in the early 1930s. The
petitioner states that:
(1) In lieu of the application of 30 CFR
57.4533 to the site, the petitioner
proposes to install battery operated
smoke alarms in the mine office and
shed and to wire them to an alarm
underground that will sound so as to
immediately notify him of a surface fire
in one of the buildings so that he may
immediately exit the underground
workings.
(2) The mine office and shed are
historical structures that were built in
the 1930s to support mining activities at
the Old Smith Family Mine.
(3) It is not feasible to move these
structures to further than 100 feet from
the raises, or to meet the construction
requirements of the standard. A fire
suppression system would also be
ineffective due to the freezing
temperatures in the winter which
disables the few water pipes on site.
(4) The standard as applied to this site
provides little to no benefit for
underground miner safety because the
mine is located in a heavily forested
area with trees as tall as 300 feet on the
site. The small buildings at issue are
dwarfed by the surrounding forest,
which cannot be fireproofed.
(5) The underground workings are no
more than 125 feet deep at the deepest
point, and are so small that they can be
evacuated from any point via one of 3
routes in less than 1 minute.
(6) To further reduce the risk of a
surface fire impacting the petitioner
when underground, smoking will be
prohibited in all areas of the mine, and
signs will be posted to provide notice to
any third parties who may come onsite
while he is underground.
(7) The modification to the standard
as applied to the Old Smith Family
Mine will provide greater safety
protection than 30 CFR 57.4533 with
respect to the hazard of surface fire
impacting underground escapeways by
providing an alarm sounding
underground as soon as smoke detectors
are triggered in the mine office or shed.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2017–27121 Filed 12–15–17; 8:45 am]
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60047
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
petitions for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the parties
listed below.
DATES: All comments on the petitions
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before January 17, 2018.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452, Attention: Sheila
McConnell, Director, Office of
Standards, Regulations, and Variances.
Persons delivering documents are
required to check in at the receptionist’s
desk in Suite 4E401. Individuals may
inspect copies of the petition and
comments during normal business
hours at the address listed above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations, and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(Email), or 202–693–9441 (Facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and
Health Act of 1977 and Title 30 of the
Code of Federal Regulations Part 44
govern the application, processing, and
disposition of petitions for modification.
SUMMARY:
I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
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other mine if the Secretary of Labor
(Secretary) determines that:
1. An alternative method of achieving
the result of such standard exists which
will at all times guarantee no less than
the same measure of protection afforded
the miners of such mine by such
standard; or
2. That the application of such
standard to such mine will result in a
diminution of safety to the miners in
such mine.
In addition, the regulations at 30 CFR
44.10 and 44.11 establish the
requirements and procedures for filing
petitions for modification.
II. Petitions for Modification
Docket Number: M–2017–003–M.
Petitioner: Klondex Midas Operations,
Inc., 13330 California Street, Suite 200,
Omaha, Nebraska 68154.
Mine: Midas Mine, MSHA I.D. No.
26–02314, located in Elko County,
Nevada.
Regulation Affected: 30 CFR 57.18025
(Working alone).
Modification Request: The petitioner
requests a modification of 30 CFR
57.18025, (Working Alone standard) to
the routine operation of jackleg drills at
petitioner’s Midas Mine.
For the reasons described below, the
petitioner requests a modification of the
application of the Working Alone
standard to the extent that MSHA will
permit jackleg drill operators to work
alone so long as they do not encounter
hazardous conditions above and beyond
routine mining conditions. In addition,
because MSHA’s inconsistent
application of the Working Alone
standard to the petitioner’s mines
results in a diminution of safety, the
petitioner requests that MSHA grant a
modification from the Working Alone
standard to allow miners to conduct
routine jackleg drilling operations
independently as they have in the past.
Alternatively, the petitioner requests a
modification of the Working Alone
standard to accept the petitioner’s
proposed safety practices, described
below, as an alternative and equally
protective method of achieving the same
result as the standard.
The petitioner states that:
(1) The petitioner owns and operates
the Midas Mine, an underground
narrow vein gold mine in Elko County,
Nevada. It began operating Midas in
early 2014. The petitioner owns and
operates the Fire Creek Mine, an
underground narrow vein gold mine in
Lander County, Nevada. Both
companies’ ultimate corporate parent is
Klondex Mines Ltd.
Generally, the mining cycle at both
mines involves a miner drilling holes in
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the face, loading those holes with
explosives, blasting, mucking out the
debris from the blasting, bolting the
roof, and repeating the cycle by drilling
holes again, this time in a face that is
a few feet farther into the heading. For
short periods of time during this cycle,
the miner uses a jackleg drill for drilling
holes in the face and to bolt the roof.
(2) The petitioner states that jackleg
drills are a routine mining tool used
safely every day. A jackleg drill is a
widely-used portable rock drill designed
for one-person operations. The single
leg rests on the ground, secured into the
mine floor with a ‘‘claw foot’’ that digs
into the leveled floor. For drilling, it
uses a long, smooth drill steel with a
drill bit attached at the end. Compressed
air powers the rotation and percussion
of the drill steel and the up-and-down
movement to extend or retract the
pneumatic leg. A miner opens a throttle
valve on the drill’s main body to allow
air to flow into the machine. The air not
only drives the machine’s operation but
also flows through the steel and bit to
prevent the bit from clogging with rock
and dirt.
There is a safe and proper way to
maintain and handle a jackleg drill. An
experienced jackleg drill operator
handles the drill in a way that requires
less effort and poses little risk of serious
injury. Experienced miners rarely pinch
their fingers in the hinge where the
drill’s body meets its leg and do not
wear loose clothing that could catch in
moving parts. Proper drill positioning,
examinations of ground conditions, and
scaling prevent hazardous ground from
falling when drilling up into the roof to
bolt. Jackleg drills have been used daily
in many mines for decades. The
petitioner trains its miners to operate
jackleg drills safely and ensures its
miners utilize the proper personal
protective equipment (PPE) during all
steps of the mining process.
(3) During a typical shift, miners use
jackleg drills for short periods of time
and are in frequent contact with others.
Miners at the Klondex mines typically
work 12-hour shifts. The first hour is
typically spent attending a supervisorled safety meeting where miners receive
their crew assignments and work area
assignments, and travel to the faces
where they will work. The miners will
typically stop mining and leave the
work area to travel back to the surface
30 to 60 minutes before their shifts are
complete. Consequently, a miner will
generally spend only 10 to 101⁄2 hours
of his or her shift actually performing
mining work. Some of the miner’s time
is also spent away from the working
face, to travel to the main heading or
supply areas for supplies, to take
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periodic breaks, to offer assistance to
others, or to eat lunch.
During his or her shift, a single miner
will typically complete approximately
one to two full mining cycles,
depending on the amount of assistance
the miner receives from others, as well
as the conditions encountered during
mining. Each shift hands off to the next
shift; the miner will begin work starting
at whatever point in the cycle the
previous crew stopped.
While miners often work
independently, they are rarely alone for
long. Throughout a shift, various people
will visit a miner at the face multiple
times. For example, the crew supervisor
(‘‘foreman’’ or ‘‘shifter’’) is tasked with
visiting each miner at least twice per
shift and sometimes visits more often.
While there, the supervisor reviews and
signs the miner’s workplace
examination card. Geologists also
usually visit each heading at least once
per shift, typically to take samples for
assay and to paint the face before each
round of blasting. Other miners, and
sometimes the supervisor, may also stop
by regularly to deliver bolting, blasting,
and other supplies, as well as to muck
out nearby muck bays.
(4) The petitioner has safety and
training policies in place to ensure that
miners approach potential hazards and
handle equipment, such as drills, safely.
Employees must follow petitioner’s
Employee Health and Safety Manual’s
requirements to protect against injuries
while mining. For instance, miners must
wear PPE equipment while operating a
jackleg drill and may not wear loose,
baggy, or ragged clothing. They must
also keep their work areas neat and
clean.
Furthermore, miners must evaluate
their work area for hazards before they
begin each task. When miners encounter
a hazard, they must stop work, identify
how to address or correct the hazard,
report the hazard, and come up with a
plan to address the hazard safely. Such
a plan will require increased contact
with others that is commensurate with
the hazard or, if necessary, ceasing work
in the area. Supervisors observe a
miner’s work area at least once daily
and fill out a five-point safety card with
each miner. This procedure further
ensures that potential hazards are
identified.
The petitioner’s robust safety program
also deals with all facets of operating
jackleg drills and working alone. All
miners must complete training and
demonstrate core competencies before
they operate a jackleg drill. Miners also
receive annual refresher training, which
includes topics relevant to drilling, such
as keeping workplaces neat and orderly,
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performing workplace examinations,
drilling with secure footing, recognizing
and addressing potentially hazardous
ground conditions, avoiding pinch
points, and responding to hazardous
conditions.
(5) The petitioner states that the
current communications with miners
operating the jackleg drills fully comply
with the standard.
The petitioner states that at its mines,
a miner operates a jackleg drill for less
than 33 percent of the miners’ total shift
time and that the miner has regular
contact with others throughout the shift.
Indeed, multiple individuals—
supervisors, geologists, and fellow
miners—visit the miner at the face, and
the miner sees others when leaving the
face multiple times each shift. The
miner has further contact via mine
phones and radios multiple times
throughout the shift.
As stated above, miners are in regular
contact with others throughout the
mining cycle. Consequently, MSHA
should modify the application of the
Working Alone standard so that the
petitioner‘s current level of
communications easily meets the rule’s
legal standard, and miners may
continue to work independently.
(6) The petitioner states that MSHA’s
requirement that miners use a jackleg
drill in pairs results in a diminution of
safety. It has been common practice
within the mining industry for jackleg
drill operators to work alone if there are
not hazardous conditions present. The
petitioner states however, that working
in pairs reduces safety because the drill
operator now not only must worry about
handling and operating the drill safely
for his own welfare, but must also worry
about the whereabouts and exposure of
the second person working with the
drill operator.
(7) The jackleg drill is designed for
one person to operate the machine. It is
primarily intended for use where the
size and configuration of the ore body
or the mining method do not permit
large openings to be mined with heavier
mechanized equipment. Both the
petitioner’s mines use jackleg drills
precisely because of the relatively small
size of the mining face. By requiring the
introduction of another person into a
small area during drill operation (as
opposed to other purposes, such as
bringing supplies or checking geology),
the field operations becomes more
crowded and complicated and the
chance of injury necessarily increases,
particularly because the second person
is not in control of the drill. This is not
unique to jackleg drills; it is a danger
inherent any time the number of people
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increases in a small area working
around mechanized equipment.
However, there may be circumstances
under which a second person in the area
could be helpful or, perhaps, even
improve safety. The petitioner states
that both the Working Alone standard,
and the petitioner’s safety protocols,
account for such situations at
petitioner’s mines, if jackleg drill
operators encounter hazardous
conditions, they must seek assistance
from their supervisors or a fellow miner
and communicate in a manner that is
commensurate with the hazard as the
Working Alone standard requires.
However, the petitioner states that
MSHA’s own data demonstrates that by
requiring mines to ‘‘pair up’’ and work
within a certain distance of each other
no matter the circumstances, increases
the safety risks to other miners.
The petitioner requests that MSHA
grant a modification from the Working
Alone standard to allow miners to
conduct routine jackleg drilling
operations independently as they have
in the past because MSHA’s application
of the Working Alone standard to the
petitioner’s mines is actually less safe.
(8) In the alternative, the petitioner
seeks modification of the Working
Alone standard to permit miners
working alone as long as they follow a
new communications policy that will
help achieve the same result as the
standard intends with the same or better
protection. The petitioner seeks a
modification of the standard that would
permit underground miners to work
alone, including operating jackleg drills,
so long as the miners notifies a
dispatcher or other designated contact
person before beginning each stage of
the mining cycle.
The petitioner states that its proposed
alternative is at least as safe as the
Working Alone standard. By requiring
its miners to report in to a dispatcher or
other designated contact at the
beginning of each of the four stages of
the mining cycle, such a protocol adds
yet one more layer of communication
and regular, dependable contact
between the miner and others.
Combined with the regular visits each
underground miner receives from other
miners, geologists, and his or her
supervisor throughout a shift, as well as
the miner’s own travels away from the
face to access supplies and equipment,
such an approach reinforces that miners
performing routing mining activity are
adequately protected.
(9) The petitioner asserts that
application of the standard will result in
a diminution of safety to the miners and
that the proposed alternative method
will at all times guarantee no less than
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60049
the same measure of protection afforded
by the existing standard.
Docket Number: M–2017–004–M.
Petitioner: Klondex Gold and Silver
Mining Company, 13330 California
Street, Suite 200, Omaha, Nebraska
68154.
Mine: Fire Creek Mine, MSHA I.D. No.
26–02691, located in Lander County,
Nevada.
Regulation Affected: 30 CFR 57.18025
(Working alone).
Modification Request: The petitioner
requests a modification of 30 CFR
57.18025, (Working Alone standard) to
the routine operation of jackleg drills at
petitioner’s Fire Creek Mine.
For the reasons described below, the
petitioner requests a modification of the
application of the Working Alone
standard to the extent that MSHA will
permit jackleg drill operators to work
alone so long as they do not encounter
hazardous conditions above and beyond
routine mining conditions. In addition,
because MSHA’s inconsistent
application of the Working Alone
standard to the petitioner’s mines
results in a diminution of safety, the
petitioner requests that MSHA grant a
modification from the Working Alone
standard to allow miners to conduct
routine jackleg drilling operations
independently as they have in the past.
Alternatively, the petitioner requests a
modification of the Working Alone
standard to accept the petitioner’s
proposed safety practices, described
below, as an alternative and equally
protective method of achieving the same
result as the standard.
The petitioner states that:
(1) The petitioner owns and operates
the Midas Mine, an underground
narrow vein gold mine in Elko County,
Nevada. It began operating Midas in
early 2014. The petitioner owns and
operates the Fire Creek Mine, an
underground narrow vein gold mine in
Lander County, Nevada. Both
companies’ ultimate corporate parent is
Klondex Mines Ltd.
Generally, the mining cycle at both
mines involves a miner drilling holes in
the face, loading those holes with
explosives, blasting, mucking out the
debris from the blasting, bolting the
roof, and repeating the cycle by drilling
holes again, this time in a face that is
a few feet farther into the heading. For
short periods of time during this cycle,
the miner uses a jackleg drill for drilling
holes in the face and to bolt the roof.
(2) The petitioner states that jackleg
drills are a routine mining tool used
safely every day. A jackleg drill is a
widely-used portable rock drill designed
for one-person operations. The single
leg rests on the ground, secured into the
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mine floor with a ‘‘claw foot’’ that digs
into the leveled floor. For drilling, it
uses a long, smooth drill steel with a
drill bit attached at the end. Compressed
air powers the rotation and percussion
of the drill steel and the up-and-down
movement to extend or retract the
pneumatic leg. A miner opens a throttle
valve on the drill’s main body to allow
air to flow into the machine. The air not
only drives the machine’s operation but
also flows through the steel and bit to
prevent the bit from clogging with rock
and dirt.
There is a safe and proper way to
maintain and handle a jackleg drill. An
experienced jackleg drill operator
handles the drill in a way that requires
less effort and poses little risk of serious
injury. Experienced miners rarely pinch
their fingers in the hinge where the
drill’s body meets its leg and do not
wear loose clothing that could catch in
moving parts. Proper drill positioning,
examinations of ground conditions, and
scaling prevent hazardous ground from
falling when drilling up into the roof to
bolt. Jackleg drills have been used daily
in many mines for decades. The
petitioner trains its miners to operate
jackleg drills safely and ensures its
miners utilize the proper personal
protective equipment (PPE) during all
steps of the mining process.
(3) During a typical shift, miners use
jackleg drills for short periods of time
and are in frequent contact with others.
Miners at the Klondex mines typically
work 12-hour shifts. The first hour is
typically spent attending a supervisorled safety meeting where miners receive
their crew assignments and work area
assignments, and travel to the faces
where they will work. The miners will
typically stop mining and leave the
work area to travel back to the surface
30 to 60 minutes before their shifts are
complete. Consequently, a miner will
generally spend only 10 to 101⁄2 hours
of his or her shift actually performing
mining work. Some of the miner’s time
is also spent away from the working
face, to travel to the main heading or
supply areas for supplies, to take
periodic breaks, to offer assistance to
others, or to eat lunch.
During his or her shift, a single miner
will typically complete approximately
one to two full mining cycles,
depending on the amount of assistance
the miner receives from others, as well
as the conditions encountered during
mining. Each shift hands off to the next
shift; the miner will begin work starting
at whatever point in the cycle the
previous crew stopped.
While miners often work
independently, they are rarely alone for
long. Throughout a shift, various people
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17:53 Dec 15, 2017
Jkt 244001
will visit a miner at the face multiple
times. For example, the crew supervisor
(‘‘foreman’’ or ‘‘shifter’’) is tasked with
visiting each miner at least twice per
shift and sometimes visits more often.
While there, the supervisor reviews and
signs the miner’s workplace
examination card. Geologists also
usually visit each heading at least once
per shift, typically to take samples for
assay and to paint the face before each
round of blasting. Other miners, and
sometimes the supervisor, may also stop
by regularly to deliver bolting, blasting,
and other supplies, as well as to muck
out nearby muck bays.
(4) The petitioner has safety and
training policies in place to ensure that
miners approach potential hazards and
handle equipment, such as drills, safely.
Employees must follow petitioner’s
Employee Health and Safety Manual’s
requirements to protect against injuries
while mining. For instance, miners must
wear PPE equipment while operating a
jackleg drill and may not wear loose,
baggy, or ragged clothing. They must
also keep their work areas neat and
clean.
Furthermore, miners must evaluate
their work area for hazards before they
begin each task. When miners encounter
a hazard, they must stop work, identify
how to address or correct the hazard,
report the hazard, and come up with a
plan to address the hazard safely. Such
a plan will require increased contact
with others that is commensurate with
the hazard or, if necessary, ceasing work
in the area. Supervisors observe a
miner’s work area at least once daily
and fill out a five-point safety card with
each miner. This procedure further
ensures that potential hazards are
identified.
The petitioner’s robust safety program
also deals with all facets of operating
jackleg drills and working alone. All
miners must complete training and
demonstrate core competencies before
they operate a jackleg drill. Miners also
receive annual refresher training, which
includes topics relevant to drilling, such
as keeping workplaces neat and orderly,
performing workplace examinations,
drilling with secure footing, recognizing
and addressing potentially hazardous
ground conditions, avoiding pinch
points, and responding to hazardous
conditions.
(5) The petitioner states that the
current communications with miners
operating the jackleg drills fully comply
with the standard.
The petitioner states that at its mines,
a miner operates a jackleg drill for less
than 33 percent of the miners’ total shift
time and that the miner has regular
contact with others throughout the shift.
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Indeed, multiple individuals—
supervisors, geologists, and fellow
miners—visit the miner at the face, and
the miner sees others when leaving the
face multiple times each shift. The
miner has further contact via mine
phones and radios multiple times
throughout the shift.
As stated above, miners are in regular
contact with others throughout the
mining cycle. Consequently, MSHA
should modify the application of the
Working Alone standard so that the
petitioner’s current level of
communications easily meets the rule’s
legal standard, and miners may
continue to work independently.
(6) The petitioner states that MSHA’s
requirement that miners use a jackleg
drill in pairs results in a diminution of
safety. It has been common practice
within the mining industry for jackleg
drill operators to work alone if there are
not hazardous conditions present. The
petitioner states however, that working
in pairs reduces safety because the drill
operator now not only must worry about
handling and operating the drill safely
for his own welfare, but must also worry
about the whereabouts and exposure of
the second person working with the
drill operator.
(7) The jackleg drill is designed for
one person to operate the machine. It is
primarily intended for use where the
size and configuration of the ore body
or the mining method do not permit
large openings to be mined with heavier
mechanized equipment. Both the
petitioner’s mines use jackleg drills
precisely because of the relatively small
size of the mining face. By requiring the
introduction of another person into a
small area during drill operation (as
opposed to other purposes, such as
bringing supplies or checking geology),
the field operations becomes more
crowded and complicated and the
chance of injury necessarily increases,
particularly because the second person
is not in control of the drill. This is not
unique to jackleg drills; it is a danger
inherent any time the number of people
increases in a small area working
around mechanized equipment.
However, there may be circumstances
under which a second person in the area
could be helpful or, perhaps, even
improve safety. The petitioner states
that both the Working Alone standard,
and the petitioner’s safety protocols,
account for such situations at
petitioner’s mines, if jackleg drill
operators encounter hazardous
conditions, they must seek assistance
from their supervisors or a fellow miner
and communicate in a manner that is
commensurate with the hazard as the
Working Alone standard requires.
E:\FR\FM\18DEN1.SGM
18DEN1
Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
However, the petitioner states that
MSHA’s own data demonstrates that by
requiring mines to ‘‘pair up’’ and work
within a certain distance of each other
no matter the circumstances, increases
the safety risks to other miners.
The petitioner requests that MSHA
grant a modification from the Working
Alone standard to allow miners to
conduct routine jackleg drilling
operations independently as they have
in the past because MSHA’s application
of the Working Alone standard to the
petitioner’s mines is actually less safe.
(8) In the alternative, the petitioner
seeks modification of the Working
Alone standard to permit miners
working alone as long as they follow a
new communications policy that will
help achieve the same result as the
standard intends with the same or better
protection. The petitioner seeks a
modification of the standard that would
permit underground miners to work
alone, including operating jackleg drills,
so long as the miners notifies a
dispatcher or other designated contact
person before beginning each stage of
the mining cycle.
The petitioner states that its proposed
alternative is at least as safe as the
Working Alone standard. By requiring
its miners to report in to a dispatcher or
other designated contact at the
beginning of each of the four stages of
the mining cycle, such a protocol adds
yet one more layer of communication
and regular, dependable contact
between the miner and others.
Combined with the regular visits each
underground miner receives from other
miners, geologists, and his or her
supervisor throughout a shift, as well as
the miner’s own travels away from the
face to access supplies and equipment,
such an approach reinforces that miners
performing routing mining activity are
adequately protected.
(9) The petitioner asserts that
application of the standard will result in
a diminution of safety to the miners and
that the proposed alternative method
will at all times guarantee no less than
the same measure of protection afforded
by the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2017–27120 Filed 12–15–17; 8:45 am]
BILLING CODE 4520–43–P
VerDate Sep<11>2014
17:53 Dec 15, 2017
Jkt 244001
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2006–0042]
Canadian Standards Association:
Application for Expansion of
Recognition and Proposed
Modification to the NRTL Program’s
List of Appropriate Test Standards
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces the application of Canadian
Standards Association (CSA) for
expansion of its recognition as a
Nationally Recognized Testing
Laboratory (NRTL) and presents the
Agency’s preliminary finding to grant
the application.
DATES: Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
January 2, 2018.
ADDRESSES: Submit comments by any of
the following methods:
1. Electronically: Submit comments
and attachments electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
2. Facsimile: If submissions,
including attachments, are not longer
than 10 pages, commenters may fax
them to the OSHA Docket Office at (202)
693–1648.
3. Regular or express mail, hand
delivery, or messenger (courier) service:
Submit comments, requests, and any
attachments to the OSHA Docket Office,
Docket No. OSHA–2006–0042,
Technical Data Center, U.S. Department
of Labor, 200 Constitution Avenue NW,
Room N–3653, Washington, DC 20210;
telephone (202) 693–2350 or TTY
number (877) 889–5627. Note that
security procedures may result in
significant delays in receiving
comments and other written materials
by regular mail. Contact the OSHA
Docket Office for information about
security procedures concerning delivery
of materials by express mail, hand
delivery, or messenger service. The
hours of operation for the OSHA Docket
Office are 10:00 a.m.–3:00 p.m., e.t.
4. Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA–2006–0042).
OSHA places comments and other
materials, including any personal
information, in the public docket
SUMMARY:
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
60051
without revision, and these materials
will be available online at https://
www.regulations.gov. Therefore, the
Agency cautions commenters about
submitting statements they do not want
made available to the public, or
submitting comments that contain
personal information (either about
themselves or others) such as Social
Security numbers, birth dates, and
medical data.
5. Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
6. Extension of comment period:
Submit requests for an extension of the
comment period on or before January 2,
2018 to the Office of Technical
Programs and Coordination Activities,
Directorate of Technical Support and
Emergency Management, Occupational
Safety and Health Administration, U.S.
Department of Labor, 200 Constitution
Avenue NW, Room N–3655,
Washington, DC 20210, or by fax to
(202) 693–1644.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor by phone (202) 693–1999 or email
meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor by phone (202) 693–2110 or
email robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Application for
Expansion
OSHA is providing notice that CSA is
applying for expansion of its current
recognition as a NRTL. CSA requests the
addition of seven test standards to its
NRTL scope of recognition.
OSHA recognition of a NRTL signifies
that the organization meets the
requirements specified in 29 CFR
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Notices]
[Pages 60047-60051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27120]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice is a summary of petitions for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before January 17, 2018.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director,
Office of Standards, Regulations, and Variances. Persons delivering
documents are required to check in at the receptionist's desk in Suite
4E401. Individuals may inspect copies of the petition and comments
during normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations, and Variances at 202-693-9447 (Voice),
[email protected] (Email), or 202-693-9441 (Facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
Part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or
[[Page 60048]]
other mine if the Secretary of Labor (Secretary) determines that:
1. An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
2. That the application of such standard to such mine will result
in a diminution of safety to the miners in such mine.
In addition, the regulations at 30 CFR 44.10 and 44.11 establish
the requirements and procedures for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2017-003-M.
Petitioner: Klondex Midas Operations, Inc., 13330 California
Street, Suite 200, Omaha, Nebraska 68154.
Mine: Midas Mine, MSHA I.D. No. 26-02314, located in Elko County,
Nevada.
Regulation Affected: 30 CFR 57.18025 (Working alone).
Modification Request: The petitioner requests a modification of 30
CFR 57.18025, (Working Alone standard) to the routine operation of
jackleg drills at petitioner's Midas Mine.
For the reasons described below, the petitioner requests a
modification of the application of the Working Alone standard to the
extent that MSHA will permit jackleg drill operators to work alone so
long as they do not encounter hazardous conditions above and beyond
routine mining conditions. In addition, because MSHA's inconsistent
application of the Working Alone standard to the petitioner's mines
results in a diminution of safety, the petitioner requests that MSHA
grant a modification from the Working Alone standard to allow miners to
conduct routine jackleg drilling operations independently as they have
in the past. Alternatively, the petitioner requests a modification of
the Working Alone standard to accept the petitioner's proposed safety
practices, described below, as an alternative and equally protective
method of achieving the same result as the standard.
The petitioner states that:
(1) The petitioner owns and operates the Midas Mine, an underground
narrow vein gold mine in Elko County, Nevada. It began operating Midas
in early 2014. The petitioner owns and operates the Fire Creek Mine, an
underground narrow vein gold mine in Lander County, Nevada. Both
companies' ultimate corporate parent is Klondex Mines Ltd.
Generally, the mining cycle at both mines involves a miner drilling
holes in the face, loading those holes with explosives, blasting,
mucking out the debris from the blasting, bolting the roof, and
repeating the cycle by drilling holes again, this time in a face that
is a few feet farther into the heading. For short periods of time
during this cycle, the miner uses a jackleg drill for drilling holes in
the face and to bolt the roof.
(2) The petitioner states that jackleg drills are a routine mining
tool used safely every day. A jackleg drill is a widely-used portable
rock drill designed for one-person operations. The single leg rests on
the ground, secured into the mine floor with a ``claw foot'' that digs
into the leveled floor. For drilling, it uses a long, smooth drill
steel with a drill bit attached at the end. Compressed air powers the
rotation and percussion of the drill steel and the up-and-down movement
to extend or retract the pneumatic leg. A miner opens a throttle valve
on the drill's main body to allow air to flow into the machine. The air
not only drives the machine's operation but also flows through the
steel and bit to prevent the bit from clogging with rock and dirt.
There is a safe and proper way to maintain and handle a jackleg
drill. An experienced jackleg drill operator handles the drill in a way
that requires less effort and poses little risk of serious injury.
Experienced miners rarely pinch their fingers in the hinge where the
drill's body meets its leg and do not wear loose clothing that could
catch in moving parts. Proper drill positioning, examinations of ground
conditions, and scaling prevent hazardous ground from falling when
drilling up into the roof to bolt. Jackleg drills have been used daily
in many mines for decades. The petitioner trains its miners to operate
jackleg drills safely and ensures its miners utilize the proper
personal protective equipment (PPE) during all steps of the mining
process.
(3) During a typical shift, miners use jackleg drills for short
periods of time and are in frequent contact with others. Miners at the
Klondex mines typically work 12-hour shifts. The first hour is
typically spent attending a supervisor-led safety meeting where miners
receive their crew assignments and work area assignments, and travel to
the faces where they will work. The miners will typically stop mining
and leave the work area to travel back to the surface 30 to 60 minutes
before their shifts are complete. Consequently, a miner will generally
spend only 10 to 10\1/2\ hours of his or her shift actually performing
mining work. Some of the miner's time is also spent away from the
working face, to travel to the main heading or supply areas for
supplies, to take periodic breaks, to offer assistance to others, or to
eat lunch.
During his or her shift, a single miner will typically complete
approximately one to two full mining cycles, depending on the amount of
assistance the miner receives from others, as well as the conditions
encountered during mining. Each shift hands off to the next shift; the
miner will begin work starting at whatever point in the cycle the
previous crew stopped.
While miners often work independently, they are rarely alone for
long. Throughout a shift, various people will visit a miner at the face
multiple times. For example, the crew supervisor (``foreman'' or
``shifter'') is tasked with visiting each miner at least twice per
shift and sometimes visits more often. While there, the supervisor
reviews and signs the miner's workplace examination card. Geologists
also usually visit each heading at least once per shift, typically to
take samples for assay and to paint the face before each round of
blasting. Other miners, and sometimes the supervisor, may also stop by
regularly to deliver bolting, blasting, and other supplies, as well as
to muck out nearby muck bays.
(4) The petitioner has safety and training policies in place to
ensure that miners approach potential hazards and handle equipment,
such as drills, safely. Employees must follow petitioner's Employee
Health and Safety Manual's requirements to protect against injuries
while mining. For instance, miners must wear PPE equipment while
operating a jackleg drill and may not wear loose, baggy, or ragged
clothing. They must also keep their work areas neat and clean.
Furthermore, miners must evaluate their work area for hazards
before they begin each task. When miners encounter a hazard, they must
stop work, identify how to address or correct the hazard, report the
hazard, and come up with a plan to address the hazard safely. Such a
plan will require increased contact with others that is commensurate
with the hazard or, if necessary, ceasing work in the area. Supervisors
observe a miner's work area at least once daily and fill out a five-
point safety card with each miner. This procedure further ensures that
potential hazards are identified.
The petitioner's robust safety program also deals with all facets
of operating jackleg drills and working alone. All miners must complete
training and demonstrate core competencies before they operate a
jackleg drill. Miners also receive annual refresher training, which
includes topics relevant to drilling, such as keeping workplaces neat
and orderly,
[[Page 60049]]
performing workplace examinations, drilling with secure footing,
recognizing and addressing potentially hazardous ground conditions,
avoiding pinch points, and responding to hazardous conditions.
(5) The petitioner states that the current communications with
miners operating the jackleg drills fully comply with the standard.
The petitioner states that at its mines, a miner operates a jackleg
drill for less than 33 percent of the miners' total shift time and that
the miner has regular contact with others throughout the shift. Indeed,
multiple individuals--supervisors, geologists, and fellow miners--visit
the miner at the face, and the miner sees others when leaving the face
multiple times each shift. The miner has further contact via mine
phones and radios multiple times throughout the shift.
As stated above, miners are in regular contact with others
throughout the mining cycle. Consequently, MSHA should modify the
application of the Working Alone standard so that the petitioner`s
current level of communications easily meets the rule's legal standard,
and miners may continue to work independently.
(6) The petitioner states that MSHA's requirement that miners use a
jackleg drill in pairs results in a diminution of safety. It has been
common practice within the mining industry for jackleg drill operators
to work alone if there are not hazardous conditions present. The
petitioner states however, that working in pairs reduces safety because
the drill operator now not only must worry about handling and operating
the drill safely for his own welfare, but must also worry about the
whereabouts and exposure of the second person working with the drill
operator.
(7) The jackleg drill is designed for one person to operate the
machine. It is primarily intended for use where the size and
configuration of the ore body or the mining method do not permit large
openings to be mined with heavier mechanized equipment. Both the
petitioner's mines use jackleg drills precisely because of the
relatively small size of the mining face. By requiring the introduction
of another person into a small area during drill operation (as opposed
to other purposes, such as bringing supplies or checking geology), the
field operations becomes more crowded and complicated and the chance of
injury necessarily increases, particularly because the second person is
not in control of the drill. This is not unique to jackleg drills; it
is a danger inherent any time the number of people increases in a small
area working around mechanized equipment.
However, there may be circumstances under which a second person in
the area could be helpful or, perhaps, even improve safety. The
petitioner states that both the Working Alone standard, and the
petitioner's safety protocols, account for such situations at
petitioner's mines, if jackleg drill operators encounter hazardous
conditions, they must seek assistance from their supervisors or a
fellow miner and communicate in a manner that is commensurate with the
hazard as the Working Alone standard requires. However, the petitioner
states that MSHA's own data demonstrates that by requiring mines to
``pair up'' and work within a certain distance of each other no matter
the circumstances, increases the safety risks to other miners.
The petitioner requests that MSHA grant a modification from the
Working Alone standard to allow miners to conduct routine jackleg
drilling operations independently as they have in the past because
MSHA's application of the Working Alone standard to the petitioner's
mines is actually less safe.
(8) In the alternative, the petitioner seeks modification of the
Working Alone standard to permit miners working alone as long as they
follow a new communications policy that will help achieve the same
result as the standard intends with the same or better protection. The
petitioner seeks a modification of the standard that would permit
underground miners to work alone, including operating jackleg drills,
so long as the miners notifies a dispatcher or other designated contact
person before beginning each stage of the mining cycle.
The petitioner states that its proposed alternative is at least as
safe as the Working Alone standard. By requiring its miners to report
in to a dispatcher or other designated contact at the beginning of each
of the four stages of the mining cycle, such a protocol adds yet one
more layer of communication and regular, dependable contact between the
miner and others. Combined with the regular visits each underground
miner receives from other miners, geologists, and his or her supervisor
throughout a shift, as well as the miner's own travels away from the
face to access supplies and equipment, such an approach reinforces that
miners performing routing mining activity are adequately protected.
(9) The petitioner asserts that application of the standard will
result in a diminution of safety to the miners and that the proposed
alternative method will at all times guarantee no less than the same
measure of protection afforded by the existing standard.
Docket Number: M-2017-004-M.
Petitioner: Klondex Gold and Silver Mining Company, 13330
California Street, Suite 200, Omaha, Nebraska 68154.
Mine: Fire Creek Mine, MSHA I.D. No. 26-02691, located in Lander
County, Nevada.
Regulation Affected: 30 CFR 57.18025 (Working alone).
Modification Request: The petitioner requests a modification of 30
CFR 57.18025, (Working Alone standard) to the routine operation of
jackleg drills at petitioner's Fire Creek Mine.
For the reasons described below, the petitioner requests a
modification of the application of the Working Alone standard to the
extent that MSHA will permit jackleg drill operators to work alone so
long as they do not encounter hazardous conditions above and beyond
routine mining conditions. In addition, because MSHA's inconsistent
application of the Working Alone standard to the petitioner's mines
results in a diminution of safety, the petitioner requests that MSHA
grant a modification from the Working Alone standard to allow miners to
conduct routine jackleg drilling operations independently as they have
in the past. Alternatively, the petitioner requests a modification of
the Working Alone standard to accept the petitioner's proposed safety
practices, described below, as an alternative and equally protective
method of achieving the same result as the standard.
The petitioner states that:
(1) The petitioner owns and operates the Midas Mine, an underground
narrow vein gold mine in Elko County, Nevada. It began operating Midas
in early 2014. The petitioner owns and operates the Fire Creek Mine, an
underground narrow vein gold mine in Lander County, Nevada. Both
companies' ultimate corporate parent is Klondex Mines Ltd.
Generally, the mining cycle at both mines involves a miner drilling
holes in the face, loading those holes with explosives, blasting,
mucking out the debris from the blasting, bolting the roof, and
repeating the cycle by drilling holes again, this time in a face that
is a few feet farther into the heading. For short periods of time
during this cycle, the miner uses a jackleg drill for drilling holes in
the face and to bolt the roof.
(2) The petitioner states that jackleg drills are a routine mining
tool used safely every day. A jackleg drill is a widely-used portable
rock drill designed for one-person operations. The single leg rests on
the ground, secured into the
[[Page 60050]]
mine floor with a ``claw foot'' that digs into the leveled floor. For
drilling, it uses a long, smooth drill steel with a drill bit attached
at the end. Compressed air powers the rotation and percussion of the
drill steel and the up-and-down movement to extend or retract the
pneumatic leg. A miner opens a throttle valve on the drill's main body
to allow air to flow into the machine. The air not only drives the
machine's operation but also flows through the steel and bit to prevent
the bit from clogging with rock and dirt.
There is a safe and proper way to maintain and handle a jackleg
drill. An experienced jackleg drill operator handles the drill in a way
that requires less effort and poses little risk of serious injury.
Experienced miners rarely pinch their fingers in the hinge where the
drill's body meets its leg and do not wear loose clothing that could
catch in moving parts. Proper drill positioning, examinations of ground
conditions, and scaling prevent hazardous ground from falling when
drilling up into the roof to bolt. Jackleg drills have been used daily
in many mines for decades. The petitioner trains its miners to operate
jackleg drills safely and ensures its miners utilize the proper
personal protective equipment (PPE) during all steps of the mining
process.
(3) During a typical shift, miners use jackleg drills for short
periods of time and are in frequent contact with others. Miners at the
Klondex mines typically work 12-hour shifts. The first hour is
typically spent attending a supervisor-led safety meeting where miners
receive their crew assignments and work area assignments, and travel to
the faces where they will work. The miners will typically stop mining
and leave the work area to travel back to the surface 30 to 60 minutes
before their shifts are complete. Consequently, a miner will generally
spend only 10 to 10\1/2\ hours of his or her shift actually performing
mining work. Some of the miner's time is also spent away from the
working face, to travel to the main heading or supply areas for
supplies, to take periodic breaks, to offer assistance to others, or to
eat lunch.
During his or her shift, a single miner will typically complete
approximately one to two full mining cycles, depending on the amount of
assistance the miner receives from others, as well as the conditions
encountered during mining. Each shift hands off to the next shift; the
miner will begin work starting at whatever point in the cycle the
previous crew stopped.
While miners often work independently, they are rarely alone for
long. Throughout a shift, various people will visit a miner at the face
multiple times. For example, the crew supervisor (``foreman'' or
``shifter'') is tasked with visiting each miner at least twice per
shift and sometimes visits more often. While there, the supervisor
reviews and signs the miner's workplace examination card. Geologists
also usually visit each heading at least once per shift, typically to
take samples for assay and to paint the face before each round of
blasting. Other miners, and sometimes the supervisor, may also stop by
regularly to deliver bolting, blasting, and other supplies, as well as
to muck out nearby muck bays.
(4) The petitioner has safety and training policies in place to
ensure that miners approach potential hazards and handle equipment,
such as drills, safely. Employees must follow petitioner's Employee
Health and Safety Manual's requirements to protect against injuries
while mining. For instance, miners must wear PPE equipment while
operating a jackleg drill and may not wear loose, baggy, or ragged
clothing. They must also keep their work areas neat and clean.
Furthermore, miners must evaluate their work area for hazards
before they begin each task. When miners encounter a hazard, they must
stop work, identify how to address or correct the hazard, report the
hazard, and come up with a plan to address the hazard safely. Such a
plan will require increased contact with others that is commensurate
with the hazard or, if necessary, ceasing work in the area. Supervisors
observe a miner's work area at least once daily and fill out a five-
point safety card with each miner. This procedure further ensures that
potential hazards are identified.
The petitioner's robust safety program also deals with all facets
of operating jackleg drills and working alone. All miners must complete
training and demonstrate core competencies before they operate a
jackleg drill. Miners also receive annual refresher training, which
includes topics relevant to drilling, such as keeping workplaces neat
and orderly, performing workplace examinations, drilling with secure
footing, recognizing and addressing potentially hazardous ground
conditions, avoiding pinch points, and responding to hazardous
conditions.
(5) The petitioner states that the current communications with
miners operating the jackleg drills fully comply with the standard.
The petitioner states that at its mines, a miner operates a jackleg
drill for less than 33 percent of the miners' total shift time and that
the miner has regular contact with others throughout the shift. Indeed,
multiple individuals--supervisors, geologists, and fellow miners--visit
the miner at the face, and the miner sees others when leaving the face
multiple times each shift. The miner has further contact via mine
phones and radios multiple times throughout the shift.
As stated above, miners are in regular contact with others
throughout the mining cycle. Consequently, MSHA should modify the
application of the Working Alone standard so that the petitioner's
current level of communications easily meets the rule's legal standard,
and miners may continue to work independently.
(6) The petitioner states that MSHA's requirement that miners use a
jackleg drill in pairs results in a diminution of safety. It has been
common practice within the mining industry for jackleg drill operators
to work alone if there are not hazardous conditions present. The
petitioner states however, that working in pairs reduces safety because
the drill operator now not only must worry about handling and operating
the drill safely for his own welfare, but must also worry about the
whereabouts and exposure of the second person working with the drill
operator.
(7) The jackleg drill is designed for one person to operate the
machine. It is primarily intended for use where the size and
configuration of the ore body or the mining method do not permit large
openings to be mined with heavier mechanized equipment. Both the
petitioner's mines use jackleg drills precisely because of the
relatively small size of the mining face. By requiring the introduction
of another person into a small area during drill operation (as opposed
to other purposes, such as bringing supplies or checking geology), the
field operations becomes more crowded and complicated and the chance of
injury necessarily increases, particularly because the second person is
not in control of the drill. This is not unique to jackleg drills; it
is a danger inherent any time the number of people increases in a small
area working around mechanized equipment.
However, there may be circumstances under which a second person in
the area could be helpful or, perhaps, even improve safety. The
petitioner states that both the Working Alone standard, and the
petitioner's safety protocols, account for such situations at
petitioner's mines, if jackleg drill operators encounter hazardous
conditions, they must seek assistance from their supervisors or a
fellow miner and communicate in a manner that is commensurate with the
hazard as the Working Alone standard requires.
[[Page 60051]]
However, the petitioner states that MSHA's own data demonstrates that
by requiring mines to ``pair up'' and work within a certain distance of
each other no matter the circumstances, increases the safety risks to
other miners.
The petitioner requests that MSHA grant a modification from the
Working Alone standard to allow miners to conduct routine jackleg
drilling operations independently as they have in the past because
MSHA's application of the Working Alone standard to the petitioner's
mines is actually less safe.
(8) In the alternative, the petitioner seeks modification of the
Working Alone standard to permit miners working alone as long as they
follow a new communications policy that will help achieve the same
result as the standard intends with the same or better protection. The
petitioner seeks a modification of the standard that would permit
underground miners to work alone, including operating jackleg drills,
so long as the miners notifies a dispatcher or other designated contact
person before beginning each stage of the mining cycle.
The petitioner states that its proposed alternative is at least as
safe as the Working Alone standard. By requiring its miners to report
in to a dispatcher or other designated contact at the beginning of each
of the four stages of the mining cycle, such a protocol adds yet one
more layer of communication and regular, dependable contact between the
miner and others. Combined with the regular visits each underground
miner receives from other miners, geologists, and his or her supervisor
throughout a shift, as well as the miner's own travels away from the
face to access supplies and equipment, such an approach reinforces that
miners performing routing mining activity are adequately protected.
(9) The petitioner asserts that application of the standard will
result in a diminution of safety to the miners and that the proposed
alternative method will at all times guarantee no less than the same
measure of protection afforded by the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-27120 Filed 12-15-17; 8:45 am]
BILLING CODE 4520-43-P
