Sixth Circuit Affirms Decision Requiring Coal Mine Operator To Revise Ventilation Plan

The Sixth Circuit affirmed an ALJ’s decision to uphold a Federal Mine Safety and Health Administration directive to an underground coal mine operator to revise its ventilation plan in response to a 2010 ignition.  The ignition occurred at the face of a mine while a continuous mining machine was cutting coal.  One of the machine’s bits made contact with a hard rock, causing a spark that ignited.  While no injuries resulted, MSHA was notified because of the ignition in an underground mine.  The subsequent investigation determined, among other things, that “possible dust/methane” ignited the fire.

Although the coal mine operator proposed a number of changes to its ventilation plan aimed specifically at reducing sparks and cooling surfaces where bits hit, MSHA found these proposed changes insufficient.  MSHA contended that the the coal mine operator should also: (1) reduce the maximum setback of the curtain from the face from 45 to 40 feet; (2) increase the minimum volume of air at the end of the curtain, requiring 700 cfm before the scrubber starts; and (3) increase the minimum volume of air flowing through the wet-scrubber on the continuous mining machine from 5000 cfm to 7000 cfm.

Despite the operator’s protests, the Sixth Circuit found that the ALJ’s decision to uphold the MSHA directive was based on substantial evidence.  In particular, where the MSHA investigation indicated that the accumulation of coal and methane had possibly fueled the ignition and the additional ventilation requirements would likely address that issue, there was no reason to overturn the ALJ decision.