Posts Tagged ‘MSHA’

UBB Mine Superintendent Charged with Conspiracy, Cover-up, Methane Monitor Violations

Thursday, February 23rd, 2012

From minesafety.com

Upper Big Branch Mine Superintendent Gary May has been accused this morning in a criminal information of conspiracy, falsifying examination records, giving advanced notice of MSHA inspections, and ordering methane monitor tampering.

The charges were filed in U.S. District Court in Beckley, W.Va., by U.S. Attorney Booth Goodwin and Assistant U.S. Attorney Steven Ruby.

Methane monitor tampering was first reported in June 2010 when UBB miners Ricky Lee Campbell, Chris Meadows, George Holtzapfel, Clay Mullins and Chuck Nelson publicly talked about methane monitoring tampering with several news organizations (17 MSHN 335).

UBB miner Clay Mullins told Howard Berkes and Frank Langfit of NPR that he was under the belief that if a methane monitor malfunctioned that miners could bridge it out until parts were available to fix it. While the methane monitor did not work, Mullins believed that a hand-held monitor could be substituted as long as methane checks were made every 15 minutes. Nowhere in the regulations is this a permissible substitute.

To read more, click here.

Department of Labor Regulatory Agenda

Monday, February 6th, 2012

By Celeste Monforton

The Republicans’ mantra about the burden of regulations seems to have cast a spell on the Obama Administration’s attitude about promoting new regulatory initiatives. My observations about this were reinforced this week when I read the Administration’s statement accompanying its Fall 2011 regulatory plan. The message is clear: new regulations and an election year don’t mix.

The tone of this new Obama Administration regulatory statement oozes caution. Let’s set aside the fact that this “Fall 2011″ regulatory plan was not released at all in the autumn, but on January 20, 2012. It seems the Obama White House wants to steal ammunition from those who claim there are too many new regulations in the pipeline, and also dampen the expectations of those who expected this Administration to aggressively implement more robust public protection rules.

Read more at the pumphandle.com

MSHA Releases Upper Big Branch Report: Corporate Culture Root Cause

Tuesday, December 6th, 2011

014. A Massey mine several miles north of where the Upper Big BranchMSHA cites corporate culture as root cause for the worst U.S. coal mining disaster in 40 years

From MSHA.gov:

$10,825,268, the largest fine in agency history, was imposed today following an investigation into the April 2010 explosion at the Upper Big Branch-South Mine, which was operated by Performance Coal Co., a subsidiary of Massey Energy Co.  The explosion killed 29 miners and injured an additional two.  MSHA has issued Massey and PCC 369 citations and orders, including an unprecedented 21 flagrant violations, which carry the most serious civil penalties available under the law.

While the investigation found the physical conditions that led to the coal dust explosion were the result of a series of basic safety violations at the Upper Big Branch, which PCC and Massey disregarded, the report cites unlawful policies and practices implemented by PCC and Massey as the root cause of the explosion.  The investigation found that the operator promoted and enforced a workplace culture that valued production over safety, including practices calculated to allow it to conduct mining operations in violation of the law.

For more information, click here.

Safe Mines Don’t Mean Fewer Profits

Friday, November 4th, 2011

JoeMainCongress_I101219165140According to an interview with MSHA head Joseph Main, increasing safety in mines does not mean those mines are hindered in their growth.

From the AP:

The federal Mine Safety and Health Administration’s continuing crackdown on the coal industry hasn’t deterred the industry’s growth, director Joe Main said Friday.

From April 2010 to June 2011, the number of underground mining employees grew by about 11 percent, Main said in an interview with The Associated Press on his second anniversary as assistant secretary of labor in charge of mine safety.

There was also an 8 percent increase in the number of new mining units, meaning either new operations or expansions of existing mines, in the past fiscal year. Main said that demonstrates that strategic, targeted initiatives can work.

“We’ve applied tools that are effective on safety but also don’t deter growth,” he said.

Read more.

Submitted by Andrew Fatato

MSHA Cites Mine for Miner Death

Tuesday, September 13th, 2011

MSHA has cited a Louisville mining company for unsafe conditions that led to the death of a worker.

From WFPL:

MSHA’s investigation concludes the mine—operated by Matrix Energy LLC—didn’t have adequate training and safety policies in place at the time of the accident. The mine was cited for violations, and voluntarily installed a proximity detection system on two of its continuous miners.

MSHA has issued a proposed rule to require mines to install similar devices that would stop dangerous machinery when someone comes too near, but it hasn’t been finalized yet.

Read more.

Submitted by Andrew Fatato

2 Mines May Be Considered Pattern Offenders

Tuesday, August 30th, 2011
The Mine Safety and Health Administration cited Inman Energy’s Randolph Mine and Independence Coal Co.’s Justice No. 1 Mine. Both Boone County operations were owned by Massey Energy ( MEE – news – people ) and now belong to Virginia-based Alpha Natural Resources Inc.
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MSHA says neither got a potential pattern violator notice during a screening round in November, but both were since audited.
An administrative law judge ordered Alpha to supply records for five mines, including Randolph and Justice. The audit showed those two mines had failed to report or inaccurately reported 24 injuries.
MSHA also said that since June 23, it has been fining St. Louis-based Peabody Energy ( BTU – news – people ) $4,000 for failing to provide information needed to audit its Air Quality No. 1 Mine in Knox County, Ind. Those fines will continue to accrue until the data is presented, the agency said.
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In all, 39 mines were subjected to MSHA auditing. Maple Coal Co., which underreported injuries at its Maple Eagle No. 1 Mine, was subsequently moved to potential pattern violator status. Maple Coal is owned by Western Coal of British Columbia.

MSHA has recently warned two West Virginian mines that they run the risk of being labeled pattern offenders for failing to report various accidents that have occurred on their sites.

From Forbes:

The Mine Safety and Health Administration cited Inman Energy’s Randolph Mine and Independence Coal Co.’s Justice No. 1 Mine. Both Boone County operations were owned by Massey Energy ( MEE – news – people ) and now belong to Virginia-based Alpha Natural Resources Inc.

MSHA says neither got a potential pattern violator notice during a screening round in November, but both were since audited.

An administrative law judge ordered Alpha to supply records for five mines, including Randolph and Justice. The audit showed those two mines had failed to report or inaccurately reported 24 injuries.

MSHA also said that since June 23, it has been fining St. Louis-based Peabody Energy ( BTU – news – people ) $4,000 for failing to provide information needed to audit its Air Quality No. 1 Mine in Knox County, Ind. Those fines will continue to accrue until the data is presented, the agency said.

In all, 39 mines were subjected to MSHA auditing. Maple Coal Co., which underreported injuries at its Maple Eagle No. 1 Mine, was subsequently moved to potential pattern violator status. Maple Coal is owned by Western Coal of British Columbia.

Submitted by Andrew Fatato

MSHA Releases New Tools for Miners

Friday, August 12th, 2011

MSHA has put together a list of rules and responsibilities for miners to help them better protect themselves from dangers in the workplace.

From MSHA:

The Web-based tools include the full text of A Guide to Miners’ Rights and Responsibilities, links to additional information on miners’ rights, an electronic form for filing an anonymous hazard complaint, a discrimination complaint packet, and black lung benefits and resources. A compendium of online videos addresses miners’ concerns about unsafe conditions at the workplace, hiring decisions, how to refuse unsafe work, the role of supervisors, the role of miners’ representatives who travel with federal inspectors, and knowing your rights and responsibilities.
To access the tools, visit MSHA’s website at http://www.msha.gov and select the “Miners’ Rights and Responsibilities” link in the top left corner. The entire training package also is available in CD and DVD formats by submitting a request online; by phone at 304-256-3257; by fax to 304-256-3368; by email to MSHADistributionCenter@dol.gov; or by regular mail to the National Mine Health and Safety Academy Distribution Center, 1301 Airport Road, Beaver, W.Va. 25813-9426.
“All miners, including supervisors and contractors, have the right to identify hazardous conditions and refuse unsafe work without fear of discrimination or retaliation,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “Ensuring that miners understand their rights has been a priority of mine since well before I was appointed to this job in 2009. We hope these tools will help give miners the confidence to exercise those rights.”

The Web-based tools include the full text of A Guide to Miners’ Rights and Responsibilities, links to additional information on miners’ rights, an electronic form for filing an anonymous hazard complaint, a discrimination complaint packet, and black lung benefits and resources. A compendium of online videos addresses miners’ concerns about unsafe conditions at the workplace, hiring decisions, how to refuse unsafe work, the role of supervisors, the role of miners’ representatives who travel with federal inspectors, and knowing your rights and responsibilities.

“All miners, including supervisors and contractors, have the right to identify hazardous conditions and refuse unsafe work without fear of discrimination or retaliation,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “Ensuring that miners understand their rights has been a priority of mine since well before I was appointed to this job in 2009. We hope these tools will help give miners the confidence to exercise those rights.”

Read more.

Submitted by Andrew Fatato

MSHA Approves New Emergency Comm. Tech

Wednesday, July 27th, 2011

mirny-diamond-mines-syberiaLockhead Martin has developed new emergency communication technology for mines that works wirelessly and is intended to increase safety during emergency situations.

From OHS:

Wireless emergency communications is a requirement of the MINER Act that was enacted five years ago, after the Sago Mine explosion in January 2006 in Upshur County, W.Va. In a blog post dated June 15 about the act’s five-year anniversary, MSHA Administrator Joe Main wrote, “We are finally seeing the installation of wireless or nearly wireless two-way communications and electronic tracking systems, as mandated by the MINER Act. I have no doubt that these impressive technologies would not have been developed for coal mines by the private sector had the MINER Act not adopted its aggressive technology-forcing provisions five years ago.”
MCS transmits magnetic waves through the earth without the transmission wires and in-ground infrastructure currently required to communicate via standard radio communications, according to Lockheed Martin, which says it is a portable system for two-way voice and text communications that “operates at ranges sufficient to communicate from the surface into shallow-to-deep underground mines.

Wireless emergency communications is a requirement of the MINER Act that was enacted five years ago, after the Sago Mine explosion in January 2006 in Upshur County, W.Va. In a blog post dated June 15 about the act’s five-year anniversary, MSHA Administrator Joe Main wrote, “We are finally seeing the installation of wireless or nearly wireless two-way communications and electronic tracking systems, as mandated by the MINER Act. I have no doubt that these impressive technologies would not have been developed for coal mines by the private sector had the MINER Act not adopted its aggressive technology-forcing provisions five years ago.”

MCS transmits magnetic waves through the earth without the transmission wires and in-ground infrastructure currently required to communicate via standard radio communications, according to Lockheed Martin, which says it is a portable system for two-way voice and text communications that “operates at ranges sufficient to communicate from the surface into shallow-to-deep underground mines.

Read more.

Submitted by Andrew Fatato

MSHA Seeks To Collect Nearly $240,000 in Unpaid Fines

Friday, July 15th, 2011

“Mine operators cannot be permitted to violate mine safety laws and simply refuse to pay penalties assessed for those violations,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “The Department of Labor will use the tools available under the Mine Act to pursue these scofflaws.”

MSHA is currently suing to collect unpaid penalties from two mining companies. From MSHA:

One complaint was filed in the U.S. District Court for the Western District of North Carolina against North 321 Stone Co. Inc., a surface granite mine located in Caldwell County. The department is seeking to collect unpaid civil penalties, interest and a statutory 10 percent debt collection fee, which total $196,833, for at least 103 violations cited by MSHA between August 2005 and February 2011. The department also has requested a prospective injunction and a cash performance bond to guarantee that future penalties are paid.
North 321 Stone Co. Inc. did not contest any of the proposed penalties, which became final 30 days after the citations were issued. In addition, the company failed to respond to two separate demand letters sent by the Labor Department in an attempt to collect the unpaid fines. A third letter, with the first two attached, was personally served on North 321 Stone Co. Inc. The company also failed to respond to that letter.
A second complaint was filed in the U.S. District Court for the Western District of Texas against Efrain Corchado, both as an individual and doing business as Corchado’s Dimensional Fence Rock. The action requests injunctive relief and to collect unpaid civil penalties incurred by Vista Rock Pickers Quarry, a crushed and broken stone operation in El Paso County, Texas, that is owned by Corchado.
In this case, the Labor Department is seeking to collect $33,979 in unpaid civil penalties for 40 violations, along with $4,643 in interest and the statutory 10 percent debt collection fee. MSHA issued $25,065 of these penalties following its investigation of serious injuries suffered by a miner when a front end loader rolled over on him in September 2010. MSHA also issued a citation for the mine’s failure to provide the victim with proper training. The mine changed its status to “abandoned” in December 2010, shortly after the accident.

One complaint was filed in the U.S. District Court for the Western District of North Carolina against North 321 Stone Co. Inc., a surface granite mine located in Caldwell County. The department is seeking to collect unpaid civil penalties, interest and a statutory 10 percent debt collection fee, which total $196,833, for at least 103 violations cited by MSHA between August 2005 and February 2011. The department also has requested a prospective injunction and a cash performance bond to guarantee that future penalties are paid.

North 321 Stone Co. Inc. did not contest any of the proposed penalties, which became final 30 days after the citations were issued. In addition, the company failed to respond to two separate demand letters sent by the Labor Department in an attempt to collect the unpaid fines. A third letter, with the first two attached, was personally served on North 321 Stone Co. Inc. The company also failed to respond to that letter.

A second complaint was filed in the U.S. District Court for the Western District of Texas against Efrain Corchado, both as an individual and doing business as Corchado’s Dimensional Fence Rock. The action requests injunctive relief and to collect unpaid civil penalties incurred by Vista Rock Pickers Quarry, a crushed and broken stone operation in El Paso County, Texas, that is owned by Corchado.

In this case, the Labor Department is seeking to collect $33,979 in unpaid civil penalties for 40 violations, along with $4,643 in interest and the statutory 10 percent debt collection fee. MSHA issued $25,065 of these penalties following its investigation of serious injuries suffered by a miner when a front end loader rolled over on him in September 2010. MSHA also issued a citation for the mine’s failure to provide the victim with proper training. The mine changed its status to “abandoned” in December 2010, shortly after the accident.

Read more.

Submitted by Andrew Fatato

MSHA Unveils Online Tool for Self-Policing

Friday, April 8th, 2011

MSHA logoMSHA has just released a new web-based tool that allows miners and mine operators to track their own facility for patterns of safety violations. The tool is available to the press and public as well, and is designed to instill a culture of self-policing in an industry plagued by safety issues.

From the MSHA press release:

MSHA developed the monitoring tool based on feedback from the mining industry and others, as well as recommendations from a POV audit report issued last September by the Labor Department’s Office of Inspector General. During the course of the audit, the OIG reviewed MSHA’s policy, criteria, regulations and information systems to establish whether they were reliable and effective in determining and sanctioning habitual violators.

“We are making the process more transparent,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “We have worked hard to improve the pattern of violations process, and I am confident we have developed a tool to better serve the mining community. This self-monitoring tool will be an extremely effective way for mine operators to continuously track their compliance history and make the changes necessary to ultimately keep miners safe and healthy.”

The new tool can be found here.

Submitted by Patrick McQueen