The U.S. Department of Labor's
Mine Safety and Health Administration announced $542,400 in
proposed penalties against Big Laurel Mining Corp. The mining
operation, located in Wise County, Va., was cited for five contributory
violations in the August 2009 death of an electrician/repairman who was
fatally injured when a portion of mine rib collapsed upon him. Two of
the violations have been assessed as flagrant.
On Aug. 20, 2009, the 58-year-old miner with 33 years experience was
preparing to set timbers in an entryway when a rock measuring 26 feet
long, 2.5 feet wide and 5 feet high toppled, and struck and crushed
him. One day earlier, a hazardous condition noting excessive (wide)
entry width in the No. 4 Entry had been logged in the pre-shift book,
but the operator failed to correct the condition and made no notations
in the evening on-shift and pre-shift reports.
A combination of factors occurred prior to the accident. MSHA
investigators determined that the mine operator 1) did not properly
utilize a sightline or other directional control to maintain the
projected direction of mining, 2) failed to follow the approved roof
control plan, 3) failed to perform adequate pre-shift and on-shift
examinations and 4) failed to adequately support the rib. The first two
determinations were flagged as flagrant violations, which can carry
fines up to $220,000 each.
"The importance of pre-shift and on-shift examinations can never be
overstated," said Joseph A. Main, assistant secretary of labor for mine
safety and health. "Had the adverse conditions been detected and logged
into the exam books properly, and had management overseen the detection
and correction of those hazardous conditions, this tragedy could have
been avoided."
The complaint was filed under section 105(c) of the Mine Act, a
provision that prohibits a mine operator from retaliating against a
miner for exercising protected rights, including making safety
complaints. The purpose of the protection is to encourage miners "to
play an active part in the enforcement of the Mine Act" recognizing
that "if miners are to be encouraged to be active in matters of safety
and health, they must be protected against any possible discrimination
which they might suffer as a result of their participation."