Occupational Safety and Health NewsAlertFor clients and friends of Jackson Kelly PLLC
Volume 7, Number 22
©2011 Jackson Kelly PLLC
MSHA recently issued a Program Information Bulletin (“PIB”) No. P11-50 to alert underground coal mine operators and rock dust manufacturers to a problem with rock dust composition identified by government scientists. The PIB was prepared in response to NIOSH rock dust testing findings which revealed that dust being sold and used in underground coal mines was not compliant with government standards and raised concerns about its effectiveness in preventing underground explosions.
Rock dust is required to be applied to the roof, ribs, and floor of underground coal mines and is a primary means of reducing the risk of fires and explosion in underground coal mines. Rock dust functions as a heat sink, absorbing the energy produced during an ignition of methane and thereby preventing destructive explosions of suspended coal dust. Pursuant to recently finalized rulemaking, operators are required to maintain the incombustible content of coal dust, rock dust, and other dust in all areas of underground coal mines at or above 80%. However, to be effective at these concentrations, NIOSH emphasized that it must be rock dust that satisfies government requirement.
The specifications for rock dust used in underground coal mines is delineated at 30 C.F.R. § 75.2, which provides:
Pulverized limestone, dolomite, gypsum, anhydrite, shale, adobe, or other inert material, preferably light colored, 100 percent of which will pass through a sieve having 20 meshes per linear inch and 70 percent or more of which will pass through a sieve having 200 meshes per linear inch; the particles of which when wetted and dried will not cohere to form a cake which will not be dispersed into separate particles by a light blast of air; and which does not contain more than 5 percent combustible matter or more than a total of 4 percent free and combined silica (SiO2), or, where the Secretary finds that such silica concentrations are not available, which does not contain more than 5 percent of free and combined silica.
In September 2011, the NIOSH Office of Mine Safety and Health Research tested 393 rock dust samples gathered from underground coal mines and found that 47% did not permit the requisite amount to pass through a 200-mesh sieve. Overall, 51% of the 278 underground mines where samples were taken used rock dust that did not permit 70% or more to pass through a 200-mesh sieve. In addition, NIOSH studied very fine rock dust particles which enhance caking potential when wet. NIOSH concluded that all 10 samples it analyzed tended to form a cake when wet and could not easily be dispersed with a light blast of air. Both of these findings were inconsistent with the standards set out at 30 C.F.R. § 75.2.
Given the widespread finding of noncompliant rock dust being used, MSHA is concerned that the test results “indicate a lack of product quality control during the manufacturing process of rock dust.” In response to these findings, MSHA has recommended mines to be proactive in testing their rock dust supplies upon receipt to ensure compliance with the standard. The agency also recommended seeking documented assurance from the rock dust manufacturer that the rock dust being purchased is compliant with the specifications set forth in 30 C.F.R. § 75.2. MSHA inspectors will check whether operators are following these recommendations to assure compliance with 30 C.F.R. § 75.2.
These results raise concerns about the effectiveness of non-compliant dust in the prevention of explosions. MSHA provided that mine operators may be achieving 80% concentrations of incombustibles as required but still be at risk of dust explosion because of the inadequacies that were identified. NIOSH indicated that it will continue to examine these issues and release periodic updates on these and other matters relating to rock dust.
This article was authored by Jason P. Webb, Jackson Kelly PLLC. For more information on the author, click here.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
(303) 390-0003
kjohnston@jacksonkelly.com
For more information, contact:
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Laura E. Beverage (303) 390-0003 |
Karen L. Johnston (303) 390-0003
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R. Henry Moore (412) 434-8801 |
Michael T. Cimino (304) 340-1000 |
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