FR 2025-02770

The document is a notice from the Mine Safety and Health Administration (MSHA) regarding a petition filed by Blue Diamond Coal Co., a mining company seeking to modify existing safety standards. The petition specifically requests permission to use two types of powered air purifying respirators (PAPRs): the CleanSpace EX and the 3M Versaflo TR-800, in particular mining areas. These devices, while not MSHA-approved, are claimed to be intrinsically safe and provide continuous filtered airflow to the wearer, potentially offering better protection against harmful dust.

General Summary

Blue Diamond Coal Co. is proposing an alternative method to current mandatory safety standards by requesting to use PAPRs within 150 feet of pillar workings or longwall faces in their Mine No. 77, located in Kentucky. The respirators in question have features claimed to make them intrinsically safe, though they lack official MSHA approval. These features could offer greater comfort and protection to miners, particularly those with facial hair or those who have difficulty wearing tight-fitting respirators. The proposal includes training and safety checks to ensure the safe use of these devices.

Significant Issues or Concerns

The document raises several noteworthy issues:

1. Safety Concerns: The primary concern is the use of non-MSHA approved equipment in potentially hazardous mining conditions. Relying on manufacturer claims of safety without independent verification by MSHA could be risky.

2. Complex Technical Requirements: The document outlines specific technical standards that the devices and their batteries must meet, such as compliance with UL 1642 or IEC 62133. This information might be challenging to understand for individuals without technical knowledge, posing potential implementation issues.

3. Lack of Evaluation and Monitoring: There is no mention of monitoring or assessing the effectiveness of these PAPRs once in use, which could lead to questions about the adequacy of the proposed safety measures.

4. Financial and Risk Assessment Oversight: The document does not discuss any potential financial impact or cost implications of introducing these devices, nor does it mention any risk assessment processes, which could raise concerns about due diligence.

5. Manufacturers Not Seeking MSHA Approval: The notice indicates that neither 3M nor CleanSpace seeks MSHA approval for these devices. This reliance on manufacturer assurances rather than independent testing may suggest a preference or favoritism towards these companies without thorough government scrutiny.

Impact on the Public

The proposed modification could impact miner safety in significant ways. On the one hand, it may allow miners more options for respiratory protection, which could improve health conditions and comfort during work. On the other hand, the usage of non-approved equipment might cause unease among the public concerning worker safety standards in mines where such equipment is used.

Impact on Specific Stakeholders

• Miners: The introduction of these respirators could provide some miners with more comfortable and effective protection, particularly important for those who struggle with existing equipment due to facial hair or fitting issues.

• Mining Companies: Companies like Blue Diamond Coal Co. could benefit from increased flexibility in selecting equipment that better suits their workers' needs, potentially improving working conditions and employee satisfaction.

• Equipment Manufacturers: Companies that manufacture these respirators, such as 3M and CleanSpace, could see increased business without enduring the rigorous MSHA approval process, albeit at the possible expense of public trust.

Overall, while the petition might enhance options for respiratory protection, it raises substantial questions about regulatory compliance and safety assurance that need addressing to ensure the welfare of miners and public trust in mining safety standards.