[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]
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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.
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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