Ellen Smith Summaries_mc#1

8/18/2019 Ellen Smith Summaries_mc#1

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GLOBAL NEWS, 16X9

Summaries of serious violations at

MC#1 MineReview completed by Ellen Smith, who runs Mine Safety and Health

News. It bills itself as the only independent, credentialed, legal news

service covering MSHA and FMSHRC, mine safety and health issues, and

case law. http://www.minesafety.com/

2016


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Description of Standard violatedCitation # Date Type Date C/O S&S Stand# Fine Notes

Terminated

2006 MINER ACT VIOLATION8445586 1/29/2014 104(a) 2/4/2014 C Y MINER Act 9,882.00 In Contest

Condition Or Practice: When checked the mine tracking system on the HG#2 MMU-004 long wall face was not being maintained in anoperational condition.

Editor’s note: After the 2006 Sago disaster and Aracoma fire, mine operators were required to install electronic tracking systems thatwould enable them to approximate each miner’s whereabouts in the mine. The tracking system allows rescuers to fine miners in a

disaster. During the 2010 UBB disaster, where 29 miners were killed, the tracking system wasn’t working. Quote from the UBB Report:

Blanchard’s crew reached Blake somewhere between 4:00 p.m. and 4:05 p.m. “He sat down in front of the mantrip, and he told us that his

whole crew was down about 20 breaks away,” Hilbert said. “He said that he stayed with them as long as he could, put rescuers on them

and tried to keep them breathing until he knew he had to get some help. He said he tried to call on the radio. He pushed the button on thetracking device to try to get help, and nobody ever came. As a result, for hours after the UBB explosion, there was complete confusion as

to how many miners were in UBB and who those miners were.

During the Sago Disaster, where 12 miners were still alive and hoping for rescuers to find them, Randal McCloy – the only survivor –

said they took a sledgehammer and would bang and bang as hard as they could on the roof bolts in hopes that rescuers on the surface

would hear them. Ten hours passed and eventually 11 of the men, all but McCloy, succumbed to carbon monoxide poisoning. Just a

month later, the Sago miners’ families learned that 72 potash miners in Saskatchewan, Canada, had escaped a mine fire and were

awaiting rescue in a refuge chamber. Not only were the miners in a safe place, they were in contact with rescuers on the surface. The

Sago families also learned that wireless tracking systems were commercially available and some mine operators were using them.

Summaries of serious violations at MC#1- 1 -


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Terminated

§48.7 - Training of miners assigned to a task in which they have had no previous experience; minimum courses of instruction.(a) Miners assigned to new work tasks as mobile equipment operators, drilling machine operators, haulage and conveyor systems operators, roof

and ground control machine operators, and those in blasting operations shall not perform new work tasks in these categories until training

prescribed in this paragraph and paragraph (b) of this section has been completed. This training shall not be required for miners who have been

trained and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. This training

shall also not be required for miners who have performed the new work tasks and who have demonstrated safe operating procedures for such new

work tasks within 12 months preceding assignment. The training program shall include the following: (1) Health and safety aspects and safe

operating procedures for work tasks, equipment, and machinery. The training shall include instruction in the health and safety aspects and the

safe operating procedures related to the assigned tasks, including information about the physical and health hazards of chemicals in the miner's

work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. The training shall be

given in an on-the-job environment; and (2)(i)Supervised practice during nonproduction. The training shall include supervised practice in the

assigned tasks, and the performance of work duties at times or places where production is not the primary objective; on (a)(2)(ii)Supervisedoperation during production. The training shall include, while under direct and immediate supervision and production is in progress, operation of

the machine or equipment and the performance of work duties. (3) New or modified machines and equipment. Equipment and machine operators

shall be instructed in safe operating procedures applicable to new or modified machines or equipment to be installed or put into operation in the

mine, which require new or different operating procedures.

7560813 10/31/2014 104(a) 0/31/2014 C Y §48.7(a) $52,500.00 In Contest The mine operator failed to provide adequate task training for two roof bolters who were moving a roof bolting

machine in an area outby of a working section. A fatal accident occurred on May 14, 2014, at this mine during the

removal of equipment from the North Tailgate 1 area. William Daniel Payne, 25, was caught between the automated

temporary roof support of the company No. DBRB3 Fletcher roof bolting machine and the coal rib. The accident

occurred in the No. 3 entry of the Viking Portal, Tailgate 1, between No. 89 and No. 90 crosscuts. The machine was being transported off the working section using a diesel generator to provide ac power to the machines tram and

operating systems. Payne was walking beside the machine when he was caught by the machine and the south side coal

rib. The task training provided by the mine operator was not adequate to address hazards associated with mining

equipment being moved in areas outby the working sections. (See related violation under §75.1725(a). See relatedWilliam-Daniel

Payne, 25violation under §50.10).



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Terminated

8453318 9/24/2014 104(d)(2) 10/28/2014 O Y §48.7(c) $32,810.00 In Contest Condition Or Practice: The mine operator has failed to train miners on the high voltage (4160 volt) power system on the MMU-004

longwall system. As per part §48.7(c) when miners are assigned a new task they shall be instructed in the safety and health aspects and

safe work procedures of the task. Management has failed to properly train the electricians at this mine resulting in a serious accident. A

miner came in contact with energized 4160 volt circuit in the 2 bay 4160 volt junction box S/N-201680-1-1. This violation is an

unwarrantable failure to comply with a mandatory standard. (See related violations under §75.820).

Editor’s Note: Injury producing violations. “I.E. was troubleshooting the Longwall crusher circuit. Maintenance locked out the crushercircuit at the mule train. I.E. Entered the 2 bay disconnect at the monorail and came in contact with the energized shear circuit. He stated

that he got bit. I.E. appeared unharmed & asked to not leave the mine but was instructed to be checked as a precautionary measurement.

Small burn finger.” Listed as “days away from work” accident.



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Terminated

§ 50.10 Immediate notification. The operator shall immediately contact MSHA at once without delay and within 15 minutes at the toll-freenumber, 1-800-746-1553, once the operator knows or should know that an accident has occurred involving: ... (b) An injury of an individual at

the mine which has a reasonable potential to cause death;

7560566 1/28/2015 104(d)(2) 1/28/2015 O N 50.10(b) $5,000.00 In Contest(Fine Under MINER Act)

The operator failed to immediately contact MSHA at once without delay and within 15 minutes once the operator knew or should have

known that an accident occurred involving injury to a miner which had reasonable potential to cause death. An accident occurred at this

mine on November 20th, 2014 involving a high pressure hydraulic hose. The actuation of hydraulic pressure to retract the base lift

cylinder for the No. 7 shield at the Viking Portal longwall, MMU-005 caused the hose to rupture at the base lift. This allowed high

pressure hydraulic fluid (4,200 psi) to strike the miner, resulting in internal injuries with reasonable potential to cause death. The operator

engaged in aggravated conduct constituting more than ordinary negligence in that the operator, once aware of the injured minerscondition, failed to call the MSHA hotline. This violation is an unwarrantable failure to comply with a mandatory standard. **Standard

50.10(b) was cited 3 times in two years at mine 1103189 (2 to the operator, 1 to a contractor). This violation is an unwarrantable failure

to comply with a mandatory standard.

Editor’s note: ** Company failed to immediately report accidents on 3 occasions over the past 2 years. See related violation under75.1725 Machinery and equipment; operation and maintenance. See note about injuries involving hydraulic fluid under pressure.

7560821 10/31/2014 104(a) 10/31/2014 C N 50.10(b) $5,000.00 In Contest(Fine under MINER Act)

The mine operator failed to immediately contact MSHA at once without delay and within 15 minutes at the toll-free number, 1-800-746-

1553, once the mine operator knew that an accident had occurred with injury to a miner which had a reasonable potential to cause death.A fatal accident involving crushing injuries to William Daniel Payne occurred in the Viking Tailgate 1 entries on the No. 3 entry between

No. 89 and 90 crosscuts at 2:15 p.m. on May 14, 2014. Due to the isolated underground location of the accident scene, underground

management personnel did not become aware of the accident until 3:20 p.m. The day shift mine manager reported to the management

personnel on the surface at the Viking Portal at 3:20 p.m. that an accident had occurred and the victim was unresponsive. The accident

was reported to the MSHA toll free number at 4:01 p.m., 41 minutes after the mine operator knew of the accident. Standard 50.10 (b) was

cited 1 time in two years at mine 1103189.



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Terminated

§ 62.110(a) Noise exposure assessment(a) The mine operator must establish a system of monitoring that evaluates each miner's noise exposure sufficiently to determine continuing

compliance with this part. (b) The mine operator must determine a miner's noise dose (D, in percent) by using a noise dosimeter or by computing

the formula: D = 100(C1/T1 + C2/T2 + .... + Cn/Tn), where Cn is the total time the miner is exposed at a specified sound level, and Tn is the reference

duration of exposure at that sound level shown in Table 62-1.

8445750 9/18/2013 104(a) 3/20/2014 C N §62.110(a) $15,570.00 Closed - Settled$11,000.00

Condition or Practice: The mine operator has not established a system of monitoring that evaluates each miner's noise exposuresufficiently to determine miner's exposure to excessive noise levels. The mine operator was granted additional time in abating the

violation to receive dosimeters that were ordered PO#4500042710 and to use them to establish a system of monitoring that evaluates the

miner's exposure to excessive noise levels.

8452784 9/18/2014 104(a) 10/28/2014 C Y §62.110(a) §23,229.00 Hearing CaseFiled

Condition Or Practice: The mine operator has not established a system of monitoring that evaluates each miner's noise exposuresufficiently to determine continuing compliance with this part. This standard was cited one year ago to the day and the operator still

does not have enough records to prove that they have evaluated each miner's noise exposure (emphasis added). Standard 62.110(a) was

cited 1 time in two years at mine 1103189.



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Terminated

§70.206 (a) Each operator shall take five valid representative samples from the designated occupation (DO) in each mechanized mining unit(MMU) during each bimonthly period. DO samples shall be collected on consecutive normal production shifts or normal production shifts each

of which is worked on consecutive days. The bimonthly periods are: January 1-February 28 (29); March 1-April 30; May 1-June 30; July

1-August 31; September 1-October 31; November 1-December 31. ... (b) Unless otherwise directed by the District Manager, the DO samples

shall be taken by placing the approved sampling device as specified in paragraphs (b)(1) through (b)(10) of this section.... (3) Continuous mining

section other than auger-type. On the continuous mining machine operator or on the continuous mining machine within 36 inches inby the

normal working position; (emphasis added).

**FLAGGING** THERE HAVE BEEN CRIMINAL PROSECUTIONS IN CASES LIKE THIS. 7560554 12/30/2014 104(d)(2) 1/8/2015 O Y 70.206(a) $69,200.00 Closed paid $69,200.00

Condition Or Practice: The mine operator intentionally failed (emphasis added) to collect a valid representative respirable dust sample

that reflected the typical concentration levels with regard to MMU- 001 and normal mining activities during which the amount ofmaterial produced is equivalent to a normal production shift during the November-December bimonthly sampling period. While

collecting a respirable dust sample (cassette #5139483) on 12/3/2014 at the MC #1 mine on the designated occupation 001-0-036, the

gravimetric sampling device that was to be placed on the continuous miner operator, was placed in the intake aircourse adjacent to the

section dumping point more than 300-feet outby where the continuous miner operator was performing his work activities. The mine

operator submitted the respirable dust sample from this occupation to MSHA as a valid representative sample know the sampling device

was not maintained within the 36 inch distance as specified in 30 CFR 70.206(b)(3).By submitting a respirable dust sample to MSHA as

a valid representative sample knowing the sample was not collected according to the provisions of 70.206(b)(3) the operator is

intentionally manipulating the outcome of the bi-monthly sampling results (emphasis added) and thereby has engaged in aggravated

conduct constituting more than ordinary negligence. This violation is an unwarrantable failure to comply with a mandatory standard. To

terminate this order, certified respirable dust sampling personnel not certified under the new dust rules established August 1, 2014, must

attend a MSHA respirable dust sampling certification class and pass the respirable dust sampling certification test.



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Terminated

§70.210(c) Respirable dust samples; report to operator; posting.(c) A person certified in sampling shall properly complete the dust data card that is provided by the manufacturer for each filter cassette. The card

shall have an identification number identical to that on the cassette used to take the sample and be submitted to MSHA with the sample. Each

card shall be signed by the certified person who actually performed the required examinations under 70.205(b) of this part during the sampling

shift and shall include that person's MSHA Individual Identification Number (MIIN). Respirable dust samples with data cards not properly

completed may be voided by MSHA.

7560555 12/30/2014 104(d)(2) 2/5/2015 O Y 70.210(c) $12,563.00 Closed - Paid$12,563.00

Condition Or Practice: A person certified in sampling shall properly complete the dust data card that is provided by the manufacturerfor each filter cassette. The card shall have an identification number identical to that on the cassette used to take the sample and be

submitted to MSHA with the sample. Each card shall be signed by the certified person who actually performed the required examinationsunder 70.205 (b) of this part during the sampling shift and shall include that person's MSHA Individual Identification Number (MIIN).

Respirable dust samples with data cards not properly completed may be voided by MSHA. The certified person who signed the dust data

card for sample #51319483 did not conduct the 2nd hour check of the dust sampling unit. The certified person stated he was not on the

unit when the 2nd hour check should have been conducted. By submitting a respirable dust sample to MSHA as a valid representative

sample knowing the sample was not collected according to the provisions 70.205 (b) the operator is intentionally manipulating the

outcome of the monthly sampling results (emphasis added) and thereby has engaged in aggravated conduct constituting more than

ordinary negligence. This violation is an unwarrantable failure to comply with a mandatory standard.

Editor’s Note: On February 3rd 2015, Dust sampling(Underground/Surface) certifications were revoked. Black lung disease in the U.S.is on the rise, and the theory is that one of the reasons is cheating on dust samples, and therefore miners are continuously over-exposed to

dust that causes this deadly disease.



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Terminated

§75.202(a)Protection from falls of roof, face and ribs.(a)

The roof, face and ribs of areas where persons work or travel shall be supported or otherwise controlled to protect persons from hazards

related to falls of the roof, face or ribs and coal or rock bursts.

**FLAGGING - FATALITY 8439098 6/17/2014 104(d)(2) 6/17/2014 O Y 75.202(a) 70,000.00 In Contest

On November 4, 2013, at approximately 1:50 p.m., the Longwall Chief Marion-Dallas D. Travelstead,

36, was killed while shoveling coal and loose rock between the coal face and the longwall panline at the

No. 123 shield on the South District 1 Headgate, No. 2 section face (MMU 004-0). Travelstead received

crushing injuries when a solid piece of coal and cap rock fell from the coal face, striking Travelstead.

The coal and rock combination measured approximately 4 feet 10 inches long, by 2 feet 3 inches wide,

and up to 24-inches thick. Review of the MSHA database shows that this accident is the second accident and first fatality at this mine where a miner was struck by coal or rock that had fallen or

rolled from the longwall face since September of 2013. There were two other reportable accidents; one

on March 31, 2011 and one on March 29, 2012, where the longwall face fell or rolled out onto the

panline. In both of these accidents, the rock and/or coal were of such large size as to affect passage of the

miners off the tailgate end of the longwall face. The mine operator failed to support or otherwise control

the roof or face area of the longwall to protect persons from hazards related to falls of the roof or facewhile working between the longwall face and the panline. The mine operator engaged in aggravated

Marion-Dallas D. Travelstead, 36 conduct constituting more than ordinary negligence when miners were allowed to work between the coal

face and the longwall panline without any special precautions. This is an unwarrantable failure to comply

with a mandatory standard. Standard 75.202(a) was cited 8 times in two years at Mine 11-03189.

8452032 1/22/2014 104(d)(1) 1/23/2014 C Y §75.202(a) $11,000.00 In ContestCondition Or Practice: The roof, face and ribs of areas where persons work or travel shall be supported or otherwise controlled to

protect persons from hazards related to falls of the roof, face or ribs and coal outbursts. At seven (7) cross cut of headgate #2 between #5

and #6 entries, three (3) areas of unsupported roof exists. 1) area exists where three (3) roof bolts are present where the roof rock has fell

away from the roof bolt bearing plate creating an area of unsupported roof ten (10) feet in width by fifteen (15) feet in length. 2nd area is

where two (2) roof bolts exist where the roof rock has fell away from the bearing plate creating an area of unsupported roof ten (10) feet

in width by twelve (12) feet in length. 3rd area is where three (3) roof bolts with 1 of the 3 is sheared off and the other 2 where the roof

rock has fell away from the bearing plate creating an area of unsupported roof 18 feet in length by 10 feet in length. This condition is



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Terminated

obvious and extensive and has existed for an extended period of time. This violation is an unwarrantable failure to comply with a

mandatory standard constituting more than ordinary negligence. Standard 75.202(a) was cited 9 times in two years at mine 1103189. Thisviolation is an unwarrantable failure to comply with a mandatory standard.

Editor’s Note: This condition was been reported in the examination book as loose roof starting at June 5,2013, and continued to be listeduntil July 7,2013 when the condition was reported as a pod out. No corrective action was taken to correct the condition. See related

violation under §75.364(d) #8452032. Roof falls remain the leading cause of death for underground coal miners.



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Terminated

§75.220(a)(1) Roof control plan.

(a)(1) Each mine operator shall develop and follow a roof control plan, approved by the District Manager, that is suitable to the prevailinggeological conditions, and the mining system to be used at the mine. Additional measures shall be taken to protect persons if unusual hazards are

encountered.

8452039 1/29/2014 104(d)(1) 1/29/2014 O Y §75.220(a)(1) $15,200 In Contest

Condition Or Practice: The mine operators approved roof control plan is not being complied with on the Headgate 2 Longwall belt atcross cut #11 on the south side. Inby cross cut #11 the rib has rashed away from the row of installed roof bolts for a distance of

approximately 15 feet in length and the solid rib is approximately 6 feet to 7 feet from the row of installed roof bolts At cross cut #11 the

south rib has rashed away from the row of installed roof bolts for a distance of approximately 28 feet and is approximately 5 feet to 8 feet

from the solid pillar to the row of installed roof bolts. This condition was recorded in the examination book on 1/23/2014 as a rib roll.The approved roof control plan (page 8 item 17 requires the bolts to be a minimum of 3 feet from the rib. This is an unwarrantable

failure of a mandatory standard constituting more than ordinary negligence. Standard 75.220(a)(1) was cited 10 times in two years at

mine 1103189. This violation is an unwarrantable failure to comply with a mandatory standard.

Editor’s Note: It took 30 men working 5.5 hours to install the necessary roof supports to comply with the plan. Failure to comply withroof support plans, which leads to roof falls, is the leading cause of death for underground coal miners.



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Terminated

§75.313(a)(3) and (c)(1) Main mine fan stoppage with persons underground.

(a)

If a main mine fan stops while anyone is underground and the ventilating quantity provided by the fan is not maintained by a back-upfan system– (3) Everyone shall be withdrawn from the working sections and areas where mechanized mining equipment is being installed

or removed.

...

(c) If ventilation is not restored within 15 minutes after a main mine fan stops– (1) Everyone shall be withdrawn from the mine.

9033166 12/5/2014 104(d)(2) 12/5/2014 O N §75.313(a)(3) $63,000.00 Hearing Case FiledCondition Or Practice: The miners on the #3 Long Wall working section were not withdrawn from the working section uponnotification of the fan outage that occurred at 0728. There were miners still on the long wall face at shield 150 and 115 at 0743. This

violation is an unwarrantable failure to comply with a mandatory standard. Violation affected mine in its entirety north and south portals.All shifts had to be retrained in the evacuation procedures during a fan outage. 16 miners were affected.

9033167 12/5/2014 104(d)(2) 12/5/2014 O Y §75.313(c)(1) $70,000.00 In ContestCondition Or Practice: The miners from 3rd shift and 1st shift on the #3 Longwall working section were not evacuated from the mine ina timely manner after the 15 minute period of the fan outage that occurred at 0728. Miners continued working under the supervision of

two section foreman (emphasis added) and did not start withdrawing from the working section until approximately 0830. This violation

is an unwarrantable failure to comply with a mandatory standard. All shifts had to be retrained in the evacuation procedures during a fan

outage. 16 miners were affected.



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Terminated

75.344(a) Compressors. (a) Except compressors that are components of equipment such as locomotives and rock dusting machines and

compressors of less than 5 horsepower, electrical compressors including those that may start automatically shall be: (1) Continuously attended bya person designated by the operator who can see the compressor at all times during its operation. Any designated person attending the compressor

shall be capable of activating the fire suppression system and deenergizing or shutting-off the compressor in the event of a fire; or, (2) Enclosed

in a noncombustible structure or area which is ventilated by intake air coursed directly into a return air course or to the surface and equipped with

sensors to monitor for heat and for carbon monoxide or smoke. The sensors shall deenergize power to the compressor, activate a visual and

audible alarm located outside of and on the intake side of the enclosure, and activate doors to automatically enclose the noncombustible structure

or area when either of the following occurs: (i) The temperature in the noncombustible structure or area reaches 165ºF. (ii) The carbon monoxide

concentration reaches 10 parts per million above the ambient level for the area, or the optical density of smoke reaches 0.022 per meter. At least

once every 31 days, sensors installed to monitor for carbon monoxide shall be calibrated with a known concentration of carbon monoxide and air

sufficient to activate the closing door, and each smoke sensor shall be tested to determine that it functions correctly.

8432248 5/11/2011 104(a) 5/11/2011 C Y §75.344(a)(1) $19,300.00 Closed - Settled$12,627.00

Condition or Practice: The 75 horsepower, company number one air compressor located at 83 crosscut along the # 3 entry on theheadgate unit intake travelway, was not continuously attended by a person designated by the operator who could see the compressor at all

times during its operation or enclose the compressor in a non combustible structure or area. This compressor was in the primary

escapeway, citation number 8432246 was also issued. There was no provision to disconnect the power in case of fire. The compressor did

not have a fire suppression system installed. Management did not comply with the mandatory standard. The compressor was removed

from the mine.

Editor’s note: It was a compressor fire that killed 27 miners in the 1984 Wilberg Mine Disaster. The escape route of the 27 persons was

cut off when the fire quickly engulfed the intake of the 5th Right longwall. See related violation under §75.344(a)(1).



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Terminated

§75.344(b) Compressors. Compressors, except those exempted in paragraph (a), shall be equipped with a heat activated fire suppression system

meeting the requirements of 75.1107-3 through 75.1107-16.

8432247 5/11/2011 104(a) 5/26/2011 C Y §75.344(b) $19,300.00 Closed - Settled$12,628.00

The number one air compressor located at 83 crosscut along the # 3 entry on the headgate unit intake travelway, was not provided with a

fire suppression system. This compressor was in the primary escapeway, citation number 8432246 was also issued. There was no

provision to disconnect the power in case of fire. Management should have installed the fire suppression system before the compressor

was taken in the mine. The compressor was removed from service, and being removed from the mine. Potential Flagrant Violation

Indicator

Editor’s note: It was a compressor fire that killed 27 miners in the 1984 Wilberg Mine Disaster. The escape route of the 27 persons wascut off when the fire quickly engulfed the intake of the 5th Right longwall. See related violation under §75.344(a)(1).



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Terminated

§ 75.360 Preshift examination.

(a)(1) Except as provided in paragraph (a)(2) of this section, a certified person designated by the operator must make a preshift examinationwithin 3 hours preceding the beginning of any 8-hour interval during which any person is scheduled to work or travel underground. No person

other than certified examiners may enter or remain in any underground area unless a preshift examination has been completed for the established

8-hour interval. The operator must establish 8-hour intervals of time subject to the required preshift examinations.

7560536 12/4/2014 104(d)(2) 12/17/2014 O Y 75.360(a)(1) $27,900.00 In ContestCondition Or Practice: An inadequate preshift examination was performed on the headgate #2 working section MMU-001. Theinadequate pre-shift occurred on 12/03/14 on the preshift for the 12/4/14 midnight shift in which the following conditions were found.

The operators approved ventilation plan is not being complied with on the headgate #2 working section MMU-001. 1) The line curtain in

entry #3 is pinned against the rib for a distance of approximately 25 ft, and when measured is 50 feet from the end of the line curtain to

the face. No air movement could be detected at the end of the line curtain (emphasis added). This condition was observed inby crosscut#64 where the face was approximately 180 feet inby the last open between entries #2 and #3. Page 23 of the operators approved plan

states that "a working place that is developed inby the inby rib line more than 20 feet shall be provided with a ventilation device (curtain).

The set-back on the curtain shall be no more than 20 feet with a minimum quantity of air of 3,000 feet."2) The continuous miner was

mining coal in the #2 right entry (un-holed xcut 65). 3,577.5 CFM of air was measured at the inby end of the line curtain. When measured

the curtain setback from the face was in excess of 42 feet. Visible dust was observed suspended in the air (emphasis added) upon

entering entry #2, where roof bolters were bolting in the straight of entry #2. No additional curtain was present in the entry for the miner

operator to extend the line curtain. Page 21 of the operator approved plan states that "A minimum of 7,000 cfm will be maintained at the

inby end of the line curtain at the miner without the scrubber operating". "Curtain setback from face - Maximum 30 feet when mining

entries and crosscuts". Management engaged in aggravated conduct constituting more than ordinary negligence in that an agent of the

operator conducted examinations in both locations while the conditions were present, certifications were present at the end of the line

curtain where violations existed (emphasis added). This violation is an unwarrantable failure to comply with a mandatory standard.Standard 75.360(a)(1) was cited 2 times in two years at mine 1103189.



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Terminated

§75.362(b) On-shift examination

(b)

During each shift that coal is produced, a certified person shall examine for hazardous conditions along each belt conveyor haulageway wherea belt conveyor is operated. This examination may be conducted at the same time as the preshift examination of belt conveyors and belt conveyor

haulageways, if the examination is conducted within 3 hours before the oncoming shift.

8450338 5/12/2014 104(d)(2) 5/14/2014 O Y §75.362(b) $17,800.00 In ContestCondition Or Practice: An inadequate on-shift examination was performed on the day/shift (05/12/2014) 7:00 a.m. to 3:00 p.m.) alongthe #3 Head gate, energized conveyor belt between crosscut #0 to #5. The examiner failed to record and post the following hazardous

conditions float coal dust (dry and black in color), coal fines and loose coal (emphasis added). The mine operator engaged in

aggravated conduct constituting more than ordinary negligence in that the hazard of accumulations of combustible materials was not

identified as a hazard by a certified mine examiner. This area is examined once per shift 3 times per day and had been examined 3 hours

prior to the issuance of this 104(d)(2) order. This is an unwarrantable failure to comply with a mandatory standard. This 104(d)(2) Orderis being issued in conjunction with 104(d)(2) order #8450337 (see §75.400). Standard 75.362(b) was cited 3 times in two years at mine

1103189. This violation is an unwarrantable failure to comply with a mandatory standard.

8450633 4/30/2014 104(d)(2) 5/6/2014 O Y §75.362(b) $12,900.00 In ContestCondition Or Practice: An inadequate on shift examination was performed along the #3 head gate conveyor belt line on April 30, 2014on the day shift. An examination was conducted along this conveyor belt line between 12:00 and 14:01 and the following conditions were

not recorded in the mine operators recorded book for hazardous conditions found along belt lines. 1) There is an area approximately 300

linear feet located between cross cuts 68 to 65 were mud, murky water, bottom irregularities in the form of ruts created from tire tracks

up to 16 inches in depth. 2) At cross cut 67 an area of loose mine roof approximately 4 feet by 6 feet. 3) A loose coal rib approximately

10.5 feet high by 7 feet in length, up to 1 foot thick which was gapped away from the solid coal pillar approximately 18 inches.4) A roof

fall is present at cross cut 65 between entry 2 and 3 and there is not at least 1 row of post on not more than 5 foot centers, or equallyeffective support installed on the No. 2 side of the fall. The operator had engaged in more than ordinary negligence by not finding and

entering these conditions in the record book. This is an unwarrantable failure to comply with a mandatory standard. Standard 75.362(b)

was cited 2 times in two years at mine 1103189. This violation is an unwarrantable failure to comply with a mandatory standard.

8452152 6/10/2014 104(d)(2) 6/23/2014 O Y 75.362(a) $38,500.00 In ContestCondition Or Practice: An inadequate on-shift examination has been performed on the Viking Headgate 1 Longwall belt conveyorentry. The certified person shall check for hazardous conditions and violation of the Mandatory Health and Safety Standards referenced n

paragraph (a)(3) of this section. Citation #8452149 was issued for not maintaining a clear safe 24 inch travelway. Citation #8452150 was



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Terminated

issued for accumulations of float coal dust on the belt conveyor entry. These conditions that were cited were obvious to the most casual

observer. Citations #8452149 and #8452150 are being issued in conjunction with this 104(d)(2) order. In order to terminate this 104(d)(2)order all mine examiners must be trained in the mandatory health and safety standard as outlined in paragraph (a)(3) of this standard. This

is an unwarrantable failure to comply with a mandatory standard constituting more that ordinary negligence.

Editor’s Note: It was noted in the investigations into the UBB mine disaster that killed 29 miners in April 2010, and the Aracoma fire of2006 that killed two, the Darby Mine Disaster that killed 5, that inadequate shift examinations were performed. This is one of MSHA’s

“Rules to Live By” standards.



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§75.363 Hazardous conditions; posting, correcting and recording.

(a) Any hazardous condition found by the mine foreman or equivalent mine official, assistant mine foreman or equivalent mine official, or othercertified persons designated by the operator for the purposes of conducting examinations under this subpart D, shall be posted with a conspicuous

danger sign where anyone entering the areas would pass. A hazardous condition shall be corrected immediately or the area shall remain posted

until the hazardous condition is corrected. If the condition creates an imminent danger, everyone except those persons referred to in section

104(c) of the Act shall be withdrawn from the area affected to a safe area until the hazardous condition is corrected. Only persons designated by

the operator to correct or evaluate the condition may enter the posted area.

8452041 1/29/2014 104(d)(1) 1/29/2014 O Y 75.363(a) $20,300 In Contest

Condition Or Practice: Any hazardous condition found by the mine foreman or equivalent mine official, assistant mine foreman or

equivalent mine official, or other certified persons designated by the operator for the purpose of conducting examinations shall be postedwith a conspicuous danger sign. Any violation of a mandatory health and safety standard found during a pre-shift, supplemental or on-

shift or weekly examination shall be corrected. A hazardous reported (sic) as a rib roll has existed on the Headgate 2 Longwall conveyor

belt at cross cut #11 since 1232014 with out any corrective action taken. 104(d)(1) order # 8452039 was issued in conjunction with this

104(d)(1) order. This is an unwarrantable failure to comply with a mandatory standard constituting more than ordinary negligence.

Standard 75.363 (a) was cited 2 times in two years at mine 1103189. This violation is an unwarrantable failure to comply with a

mandatory standard.

Editor’s note: See related violation under §75.220(a)(1).



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Terminated

§75.364(d)Weekly examination

(d)

Hazardous conditions shall be corrected immediately. If the condition creates an imminent danger, everyone except those persons referred toin §104(c) of the Act shall be withdrawn from the area affected to a safe area until the hazardous condition is corrected.

8452033 1/22/2014 104(d)(1) 1/23/2014 O Y §75.364(d) $12,900.00 In Contest

Condition Or Practice: On review of the weekly book for hazardous conditions an area of unsupported roof has been recorded in therecord book for the weekly return of Headgate 3 face to return fan. At Headgate 2 at cross cut #7 between #5 and #6 entry loose roof and

a pod out has been reported in the weekly book. This condition has been reported as loose roof starting at June 5,2013. On July 7,2013

the condition was reported as a pod out. No corrective action was taken to correct the condition. The weekly record book for hazardous

condition has been signed by mine management acknowledging the condition without corrective action taken. This is an unwarrantable

failure to comply with a mandatory standard constituting more than ordinary negligence. This 104(d)(1) order is being issued inconjunction with citation # 8452032 (see violation under §75.202(a)).

* Editor’s Note: Roof falls are the leading cause of mining deaths for underground coal miners. It took 15 roof jacks to abate thehazardous roof condition, which existed for over a month. Miners rely on these examination to make sure the mine is safe.



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§ 75.370 Mine ventilation plan; submission and approval.

(a)(1) The operator shall develop and follow a ventilation plan approved by the district manager. The plan shall be designed to control methaneand respirable dust and shall be suitable to the conditions and mining system at the mine. The ventilation plan shall consist of two parts, the plan

content as prescribed in §75.371 and the ventilation map with information as prescribed in §75.372. Only that portion of the map which contains

information required under §75.371 will be subject to approval by the district manager.

7560534 12/3/2014 104(d)(2) 12/3/2014 O Y §75.370(a)(1) $50,700.00 In ContestCondition or Practice: The operators approved ventilation plan is not being complied with on the headgate #2 working section MMU-1.

1) The line curtain in entry #3 is pinned against the rib for a distance of approximately 25 ft, and when measured is 50 feet from the

end of the line curtain to the face. No air movement could be detected at the end of the line curtain. This condition was observed inby

crosscut #64 where the face was approximately 180 feet inby the last open between entries #2 and #3. Page 23 of the operators approved

plan states that "a working place that is developed inby the inby rib line more than 20 feet shall be provided with a ventilation device(curtain). The set-back on the curtain shall be no more than 20 feet with a minimum quantity of air of 3,000 feet."2) The continuous

miner was mining coal in the #2 right entry (un-holed xcut 65). 3,577.5 CFM of air was measured at the inby end of the line curtain.

When measured the curtain set-back from the face was in excess of 42 feet. Visible dust was observed suspended in the air upon entering

entry #2, where roof bolters were bolting in the straight of entry #2. No additional curtain was present in the entry for the miner operator

to extend the line curtain. Page 21 of the operator approved plan states that "A minimum of 7,000 cfm will be maintained at the inby end

of the line curtain at the miner without the scrubber operating. Curtain setback from face - Maximum 30 feet when mining entries and

crosscuts. Management engaged in aggravated conduct constituting more than ordinary negligence in that agents (2) of the operator were

present at the area where the conditions were obvious due to extensiveness . This violation is an unwarrantable failure to comply with a

mandatory standard. Standard 75.370(a)(1) was cited 102 times in two years at mine 1103189 (102 to the operator, 0 to a contractor).

8424644 8/29/2011 104(d)(1) 8/29/2011 O Y §75.370(a)(1) $16,400.00 In ContestThe approved ventilation plan was not being followed in #95 cross cut left off the #2 entry on the tailgate unit, MMU-002. Continuous

miner, company #3, was observed cutting coal in #95 cross cut left off the #2 entry without a ventilating line curtain. From the rib line to

the deepest point of penetration of the face measured approximately 32 feet. Heavy visible coal and rock dust was observed in the air.

The approved ventilation plan for unit-2 requires a maximum curtain set back of 20 feet. The foreman engaged in aggravated conduct

constituting more than ordinary negligence in that he was in direct line of sight of the miner operating without a ventilating line curtain.

This violation is an unwarrantable failure to comply with a mandatory standard. Standard 75.370(a)(1) was cited 14 times in two years at

mine 1103189.


http://75.371.htm/http://75.372.htm/http://75.371.htm/http://75.371.htm/http://75.372.htm/http://75.371.htm/


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Terminated

8439682 1/22/2014 104(a) 1/22/2014 C Y §75.370(a)(1) $10,437.00 Closed $5,000.00

The Company is not complying with their Approved Ventilation Plan. The Main North Travelway from Viking Shaft Bottom to the air-lock doors at crosscut 83 is extremely dusty. Loose road dust measuring approximately 4 inches to 1/2 inch in depth throughout the

affected area. When equipment travels the roadway, road dust is suspended into the mine atmosphere creating a breathing and visibility

hazard for miners. The Approved Ventilation Plan states on page 8, item 2 that haulage/travelroads will be wetted with water to control

dust. Standard 75.370(a)(1) was cited 69 times in two years at mine 1103189

8450474 3/25/2014 104(a) 3/25/2014 C Y §75.370(a)(1) $35,500.00 Hearing CaseFiled

Condition Or Practice: The Company's Approved Ventilation Plan was not being complied with on Head-gate #1 MMU-002. Whenchecked with a calibrated anemometer, the air velocity in the last open crosscut between #2 and #3 entry was 13,473 CFM. The plan

states that a minimum of 20,000 CFM will be maintained in the last open crosscut. Standard 75.370(a)(1) was cited 93 times in two yearsat mine1103189

8452711 3/18/2014 104(a) 3/19/2014 C N §75.370(a)(1) $11,306.00 Closed 6,000.00Condition Or Practice: The mine operator is not following the ventilation plan approved by the District Manager on the North Mainstravel ways from shaft bottom and crosscuts around shaft bottom to the North Mains Unit (MMU-002), due to the following reasons: The

travel ways are dry and dusty and excessive dust is suspended in the air when vehicles travel them. The approved plan states on page #23

that haulage/travel roads will be wetted with water or treated unless water, natural or casual, makes this effort redundant. Standard

75.370(a)(1) was cited 85 times in two years at mine 1103189.

8452720 3/20/2014 104(a) 3/25/2014 C Y §75.370(a)(1) $14,373.00 Hearing Case Filed

Condition Or Practice: The mine operator is not following the ventilation plan approved by the District Manager on the North MainsUnit (MMU-002) due to the following reason: When checked by MSHA with a Davis anemometer, the air velocity in the last open

crosscut between #2 and #3 entry was 15,048 cfm. The approved plan states on page #21 that a minimum of 20,000 cfm will be

maintained in the last open crosscut. Standard 75.370(a)(1) was cited 90 times in two years at mine 1103189.

9031005 3/31/2014 104(d)(2) 3/31/2014 O Y §75.370(a)(1) $52,500.00 Hearing Case FiledCondition Or Practice: The company's approved ventilation plan was not being complied with on the Head Gate 2 working section,MMU 002. When the air was measured behind the line curtain in Entry No. 1, there was no air movement found (emphasis added). The

air was measured with an anemometer and with chemical smoke. The chemical smoke drifted to the mine roof and did not move. The



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Terminated

approved ventilation plan requires that 3000 CFM is required to be maintained behind the line curtain in all idle faces. Two miners were

observed working on the continuous mining machine in the idle face at the time of inspection. The idle face had been driven inapproximately 110 feet from the SS 4322. It took 1 hour and 40 minutes to correct the ventilation problem (emphasis added). Standard

75.370(a)(1) was cited 94 times in two years at mine 1103189 (94 to the operator, 0 to a contractor). This violation is an unwarrantable

failure to comply with a mandatory standard.

9033189 2/2/2015 104(a) 2/2/2015 C Y §75.370(a)(1) §15,971.00 Closed - settled2,900.00

Condition Or Practice: The Company's approved ventilation plan is not being complied with on the MMU 002, HG #4 working section.The #2 entry inby crosscut 54 had a mined section that measured approx 26 feet from the last row of bolts to the face. Page 10 of the

approved ventilation plan it shows the max cut depth to be only 20 feet from the last row of bolts. Standard §75.370(a)(1) was cited 104

times in two years at mine 1103189 (104 to the operator, 0 to a contractor). This violation is an unwarrantable failure to comply with a

mandatory standard.

Editor’s Note: Failure to ventilate the UBB mine according to the approved ventilation plan in violation of §75.370 was a contributingfactor to the April 2010 explosion at the UBB Mine that killed 29 miners. A ventilation violation was the contributing factor in the 2006

Darby Mine explosion that killed five miners.



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Terminated

§ 75.380 Escapeways; bituminous and lignite mines.(d) Each escapeway shall be-- (1) Maintained in a safe condition to always assure passage of anyone, including disabled persons; ....

(7) Provided with a continuous, durable directional lifeline or equivalent device that shall be- .... (i) Installed and maintained throughout the

entire length of each escapeway as defined in paragraph (b)(1) of this section.

8446556 5/29/2013 104(a) 5/29/2013 C Y §75.380(d)(7)(I) $34,652.00 Closed $10,437.00Condition Or Practice: The MMU001 unit is not being provided with a continuous, durable directional lifeline installed and maintainedthe entire length of the escapeway. The primary lifeline is located approximately 300 feet from the section loading point and the

secondary lifeline is located approximately 200 feet from the section loading point. Standard 75.380(d)(7)(i) was cited 5 times in two

years at mine 1103189

8452137 5/21/2014 104(d)(2) 5/21/2014 O Y §75.380(d)(1) $51,900.00 In ContestCondition Or Practice: The alternate escapeway for the Headgate 1 Longwall Setup was not being maintained in safe condition toalways assure the passage of anyone, including the disabled. The alternate escapeway for the Longwall setup in #3 entry north from the

old belt transfer point in #2 entry east at crosscut #167 along the east rib to #0 crosscut had deep ruts approximately 8 inches in depth.

Also at this same location extraneous material in the form of hog panels, top rollers and bottom rollers are present in the escapeway.

From #0 crosscut to crosscut #1 a section of belting was looped up in the escapeway. At crosscut #158 of Headgate 1 entries, where the

alternate escapeway goes from #2 entry to #1 entry, concrete blocks are present in the escapeway. The extraneous material present in the

escapeway is a distinct slip trip fall hazard and were obvious to the casual observer. The mine operator has displayed aggravated conduct

by allowing this condition to exist. This is a violation of a mandatory standard constituting more than ordinary negligence. Standard

75.380(d)(1) was cited 13 times in two years at mine 1103189. This violation is an unwarrantable failure to comply with a mandatory

standard.

Editor’s note: It took 3 miners 1 hour and 20 minutes to reroute the lifeline away from the extraneous material along the opposite riblineto provide a clear safe travelway.



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Terminated

§75.380(f)(3)(ii) (f) Primary escapeway. (1) One escapeway that is ventilated with intake air shall be designated as the primary escapeway. The

primary escapeway shall have a higher ventilation pressure than the belt entry unless the mine operator submits an alternative in the mineventilation plan to protect the integrity of the primary escapeway, based on mine specific conditions, which is approved by the district manager.

... (3) The following equipment is not permitted in the primary escapeway: ... (ii) Compressors s, except—(C) Compressors of less than five

horsepower.

8432246 5/11/2011 104(d)(1) 5/11/2011 C Y 75.380(f)(3)(ii) $16,400.00 Closed Paid$16,400.00

Condition or Practice: A 75 horsepower compressor, company number 01, was installed at 83 crosscut along the headgate unittravelway. This is the primary escapeway for the headgate unit. Compressors over 5 horsepower are not permitted in the primary

escapeway. This is the # 3 intake entry, which is also the primary escapeway. The compressor was immediately removed from service.



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Terminated

§75.400 Accumulation of combustible materials.

Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up and not be permitted to accumulate in active workings, or on diesel- powered and electric equipment therein.

[61 FR 55527, Oct. 25, 1996]

8450337 5/12/2014 104(d)(2) 5/13/2014 O Y §75.400 33,400.00 In ContestCondition Or Practice: Combustible material in the form of loose coal, coal fines and float coal dust (Dry and black in color) has beenallowed to accumulate on the #3 Head gate, energized belt conveyor drive, take-up and belt storage unit between crosscut #0 to crosscut

#5 entry #2. The accumulations measured approximately 14 inches to 3 feet in depth by 540 feet in length and rib to rib in width. The

combustible material was observed in contact with the bottom belt and rollers for a total distance of approximately 12 feet. The operator

showed more than ordinary negligence. This area is examined once per shift 3 times per day and had been examined 3 hours prior to the

issuance of this 104(d)(2) order. This violation is an unwarrantable failure to comply with a mandatory standard. Standard 75.400 was

cited 92 times in two years at mine 1103189 (emphasis added). **See related violation under §75.362(b), Issuance No. 8450338.

Editor’s note: Accumulation of combustible material (coal) was a significant factor in the propagation of the explosion at the UBB minewhere 29 miners died in 2010. The Darby Mine was also cited for accumulations of coal before the 2006 disaster that killed five miners.

See related violation (citation # 8450338 under §75.362(b)). Many times while mining, cutting machines will have a spontaneous

combustion event ( a fireball) when a pocket of methane is encountered, and the cutting head can be engulfed in a flame. Should this

explosion travel, due to dust (see violations under §75.370), the loose coal, coal fines and float coal dust will add “fuel to the fire” and

the mine will have a massive explosion.



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Terminated

§75.509 - Electric power circuit and electric equipment; deenergization.

[STATUTORY PROVISIONS]All power circuits and electric equipment shall be deenergized before work is done on such circuits and equipment, except when necessary for

trouble shooting or testing.

8432252 5/24/2011 104(d)(2) 6/22/2011 O Y §75.509 $52,500.00 In Contest Condition or Practice: On May 23, 2011 a non-fatal electrical accident occurred. Maintenance Foreman XXX was performing work on an

energized Joy Continuous Miner, company number 003, located on the tailgate unit. was working in the energized traction controller

when he contacted an energized part with his right hand. All power circuits and electric equipment shall be deenergize before work is

done on such circuits and equipment. Maintenance Foreman XXX engaged in aggravated conduct constituting more than ordinary

negligence in that he did not lock out and tag the continuous miner. This violation is an unwarrantable failure to comply with a

mandatory standard. Potential Flagrant Violation.



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Terminated

30 CFR §75.512 Electric equipment; examination, testing and maintenance.

[Statutory Provision]All electric equipment shall be frequently examined, tested, and properly maintained by a qualified person to assure safe operating conditions.

When a potentially dangerous condition is found on electric equipment, such equipment shall be removed from service until such condition is

corrected. A record of such examinations shall be kept and made available to an authorized representative of the Secretary and to the miners in

such mine.

7560513 7/31/2014 104(a) 8/13/2014 C Y 75.512 $16,867.00 Hearing Case FiledInadequate examinations were conducted on the company #6 battery charger. Multiple conditions were observed upon inspection of the

charger which were present during the last previous examination conducted on 7/25/2014. Reference citation #7560510 - The cable and

insulated power conductors for the company #6 battery charger are not adequately insulated or protected from damage. Three damaged

areas are present on the 128 VDC power wires from the charger to battery plug. All three of these areas exposed copper conductors which

were severely oxidized. Reference citation #7560511- The cable connection near the battery charger was not properly secured to the

metallic coupler. Reference citation #7560512- The de-energized circuit for the fire suppression system is not properly installed. The

company #6 battery charger was energized at Headgate #2, crosscut #1, between entries 4 and 5.Standard §75.512 was cited 20 times in

two years at mine 1103189.



28/41


Terminated

30 CFR § 75.517

Power wires and cables; insulation and protection.Power wires and cables, except trolley wires, trolley feeder wires, and bare signal wires, shall be insulated adequately and fully protected.

7560510 7/31/2014 104(a) 7/31/2014 C Y 75.517 $15,570.00 Hearing Case FiledCondition Or Practice: The cable and insulated power conductors for the company #6 battery charger are not adequately insulated or

protected from damage. Three damaged areas are present on the 128 VDC power wires from the charger to battery plug. All three of

these areas exposed copper conductors. One damaged area is present on the 480 V.A.C. power cable from the belt power center to the #6

battery charger. This condition exposed insulated inner conductors. The company #6 battery charger was energized at Headgate #2,

crosscut #1, between entries 4 and 5.Standard 75.517 was cited 26 times in two years at mine 1103189



29/41


Terminated

§ 75.820(b)(1), (b)(2), (b)(3), (b)(4) Electrical work; troubleshooting and testing.

... (b) Prior to performing electrical work, except for troubleshooting and testing of energized circuits and equipment as provided for in paragraph (d) of this section, a qualified person must do the following:

(1) Deenergize the circuit or equipment with a circuit-interrupting device.

(2) Open the circuit disconnecting device. On high-voltage circuits, ground the power conductors until work on the circuit is completed.

(3) Lock out the disconnecting device with a padlock. When more than one qualified person is performing work, each person must install

an individual padlock.

(4) Tag the disconnecting device to identify each person working and the circuit or equipment on which work is being performed.

** INJURY-PRODUCING EVENT 8453313 9/24/2014 104(d)(2) 9/24/2014 O Y §75.820(b)(1) $32,810.00 In Contest

Condition or Practice:The mine operator has failed to deenergize the shearer longwall circuit, in the 2 bay 4160 volt junction box (s/n-201680-1-1), located on the longwall monorail in MMU-004 prior to performing electrical work. The shearer circuit was not deenergized

prior to work being performed, causing an electrician to sustain an electrical shock , when he came in contact with the 4160 volt buss

while performing work on the crusher circuit in this 2 bay disconnect box. Management has engaged in aggravated conduct constituting

more than ordinary negligence in that the shearer circuit was not deenergized. This violation is an unwarrantable failure to comply with a

mandatory standard. (See editor’s note). (See related training violation under §48.7)

8453314 9/24/2014 104(d)(2) 9/24/2014 O Y §75.820(b)(2) $32,810.00 In Contest Condition Or Practice: The mine operator has failed to open the circuit interrupting device and ground the power conductors, in the 2

bay 4160 volt junction box (s/n-201680-1-1), located on the longwall monorail in MMU-004 prior to performing electrical work. The

shearer circuit power conductors were not opened and grounded until work on the crusher circuit was completed. This caused an

electrician to sustain an electrical shock, when he came in contact with the 4160 volt buss while performing work on the crusher circuit inthis 2 bay disconnect box. Management has engaged in aggravated conduct constituting more than ordinary negligence in that the shearer

circuit was not opened and grounded. This violation is an unwarrantable failure to comply with a mandatory standard. (See editor’s

note). (See related training violation under §48.7)

8453315 9/24/2014 104(d)(2) 9/24/2014 O Y §75.820(b)(3) $32,810.00 In Contest Condition Or Practice: The mine operator has failed to lock out the disconnecting device with a padlock for the shearer longwall circuit,in the 2 bay 4160 volt junction box (s/n-201680-1-1), located on the longwall monorail in MMU-004 prior to performing electrical work.

The shearer circuit was not locked out with a padlock prior to work being performed, causing an electrician to sustain an electrical shock,



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31/41


Terminated

75.1100-2 Quantity and location of firefighting equipment.

(a)Working sections. (1) Each working section of coal mines producing 300 tons or more per shift shall be provided with two portable fireextinguishers and 240 pounds of rock dust in bags or other suitable containers; waterlines shall extend to each section loading point and be

equipped with enough fire hose to reach each working face unless the section loading point is provided with one of the following: (i) Two

portable water cars; or (ii) Two portable chemical cars; or (iii) One portable water car or one portable chemical car, and either (a) a portable

foam-generating machine or (b) a portable high-pressure rock-dusting machine fitted with at least 250 feet of hose and supplied with at least 60

sacks of rock dust.

8452663 6/9/2014 104(d)(2) 6/9/2014 O Y 75.1100-2(b) 35,700.00 In ContestCondition Or Practice: When inspected the North HG#1 long wall belt (MMU-005) was not being provided with adequate fire

protection (fire hydrant outlets every 300 feet as required). There were no fire outlets from the long wall tail piece outby for a distance of

1,300 feet. The face was located at the 100' station with the first operational fire outlet located at 156 cross cut (1,450' station). This

violation is an unwarrantable failure to comply with a mandatory standard constituting more than ordinary negligence. Standard 75.1100-

2(b) was cited 8 times in two years at mine 1103189. This violation is an unwarrantable failure to comply with a mandatory standard.

*Editor’s Note: Five fire outlets were missing in this case. Miners underground at the Aracoma mine fire in 2006 could not fight the firedue to inadequate fire-fighting equipment either not working or not supplied. Two miners died when they became separated from the

group of 10 other miners who escaped. Ellery Hatfield, 47 and Don Bragg, 33, died of carbon monoxide poisoning when they became

separated from 10 other members of their crew. The others held hands and edged through the air intake amid dense smoke.



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Terminated

75.1403 Other safeguards.*

[STATUTORY PROVISIONS]

Other safeguards adequate, in the judgment of an authorized representative of the Secretary, to minimize hazards with respect to transportation of

men and materials shall be provided. (*Editor’s note: Safeguards are issued on a mine-by-mine basis and act as mandatory standards. In thiscase, the safeguard notice states that the travelways needed to be clear of obstructions etc. The company would have been first issued the

“safeguard,” then, in subsequent inspections, they must comply with that safeguard notice, or they are cited for the condition).

8451818 2/12/2014 104(d)(1) 2/16/2014 O Y §75.1403 $17,800.00 In ContestCondition Or Practice: The Main North Headgate #1 travelway was not being maintained free from bottom irregularities, debris, wetand muddy conditions from #148 to #153 crosscut. Mud and water was present in depths sufficient to cause operators to loose control of

mobile equipment. The mud and water was present rib to rib in this area. Broken and loose bridge boards, pallets, crib ties, and steel roof

jacks were observed in and beside the travelway. This condition has been listed in the pre-shift exam record book for seven consecutive

shifts. The corrective action of "work in progress" was shown for one of the seven shifts. No other corrective action was recorded. The

mine operator has displayed aggravated conduct by allowing this hazardous condition to exist without being corrected for seven shifts.

Standard 75.1403 was cited 19 times in two years at mine 1103189. This violation is an unwarrantable failure to comply with a

mandatory standard.

Editor’s note: Inspector notes stated it took 5 miners 12 consecutive shifts to clean up this area. They had to put into place 35 – 8 foot by16 foot bridge sections. They used 200 - one-ton bags of Bed ash and rock aggregate, and removed all extraneous material from the

travelway.



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Terminated

§75.1505 Escapeway maps.

(a) Content and accessibility. An escapeway map shall show the designated escapeways from the working sections or the miners' work stations tothe surface or the exits at the bottom of the shaft or slope, refuge alternatives, and SCSR storage locations. The escapeway map shall be posted or

readily accessible for all miners – (1) In each working section; (2) In each area where mechanized mining equipment is being installed or

removed; (3) At the refuge alternative; and (4) At a surface location of the mine where miners congregate, such as at the mine bulletin board,

bathhouse, or waiting room. (b) Keeping maps current. All maps shall be kept up-to-date and any change in route of travel, location of doors,

location of refuge alternatives, or direction of airflow shall be shown on the maps by the end of the shift on which the change is made.

8438994 9/2/2014 104(d)(2) 9/2/2014 O N §75.1505(b) $12,900.00 Hearing Case FiledCondition Or Practice: The escapeway map posted at the South MC#1 Mine portal, surface office in the staging area where minerscongregate prior to going underground is not up-to-date or correct. The primary and secondary escapeways are shown going north and

south from the point where the North Headgate No. 2 section primary escapeways intersect the Main North entries at No. 62 crosscut and

the secondary escapeway intersects the Main North entries at No. 64 crosscut. The primary escapeway is incorrectly shown on the map to

end at the south portal side at the south portal blowing fan / escape shaft. The secondary escapeway is incorrectly shown on the map to

end at the material slope. The mine operator was cited on 8/27/2014 for the identical violation at the North Viking portal of this mine.

This is an unwarrantable failure to comply with a mandatory standard. The mine operator's failure to correct a known violation

constitutes more than ordinary negligence and aggravated conduct. Standard 75.1505(b) was cited 8 times in two years at mine1103189.

(See editor’s note).

8452217 11/20/2013 104(a) 11/20/2013 C N §75.1505(b) $10,437.00 Closed $8,000.00Condition Or Practice: The escapeway map provided for the refuge alternative for the Headgate #2 (MMU004) was not accurate and upto date. The map shows the location of the refuge alternative to be at cross cut #122. The refuge alternative is located at cross cut #106.

15 miners were affected by this. All changes of location of refuge alternatives are to be shown on the escapeway maps by the end of theshift in which it was moved. Standard 75.1505(b) was cited 6 times in two years at mine 1103189. (See editor’s note).

8452218 11/20/2013 104(a) 11/20/2013 C Y §75.1505(b) $10,437.00 Closed $10,437.00Condition Or Practice: The escapeway map posted where miners congregate on the surface was not accurate and up to date. The refugealternative for the Headgate #2 (MMU004) unit is shown to be at cross cut #112. The refuge alternative is located at cross cut #106. All

changes of location of refuge alternatives are to be shown on the escapeway maps by the end of the shift in which it was moved. Standard

§75.1505(b) was cited 7 times in two years at mine 1103189 . (See editor’s note).



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Terminated

Editor’s Note: At the Massey Energy Aracoma disaster in 2006, the mine rescue efforts were hampered because the mine maps provided

by the operator were neither accurate nor up-to-date, resulting in the deaths of Elvis Hatfield and Don Bragg. Rescue teams must receivean accurate map of the area so that they can explore and evaluate conditions accurately and document findings. One rescuer said that once

his team was underground at Aracoma, inaccurate maps “made it difficult for us to do what the command center was asking. We had

trouble following stopping lines. We had trouble following – finding doors to go through when we were told to make air readings.

Sometimes there was no stopping. Sometimes there was no door. Sometimes everything was a solid stopping line, again, with no doors.”



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§75.1506(c)(1) Refuge alternatives.

(c) Refuge alternatives shall be provided at the following locations: (1) Within 1,000 feet from the nearest working face and fromlocations where mechanized mining equipment is being installed or removed except that for underground anthracite coal mines that have no

electrical face equipment, refuge alternatives shall be provided if the nearest working face is greater than 2,000 feet from the surface.

8439335 9/18/2013 104(a) 9/24/2013 C N 75.1506(c)(1) $34,652.00 Closed $18,900.00

Condition Or Practice: The Refuge Alternative for the South HG#3 working section (MMU-003) is located at cross cut #52 in entry #3(primary escape way), the nearest working face is entry #3 at cross cut #67, a distance of approximately 1900 feet. Refuge Alternatives

shall be provided within 1,000 feet from the nearest working face. Standard 75.1506(c)(1) was cited 1 time in two years at mine 1103189

8446368 12/10/2013 104(a) 12/11/2013 C N 75.1506(c)(1) $34,652.00 Closed $16,716.00

Condition Or Practice: The Headgate #3 section (MMU-003) is not provided with a refuge chamber within 1000 feet of the nearestworking face. When inspected and tested as per the manufactures recommendations (General Overview & Operating Procedures, pages

14 and 15) specified in the approved Emergency Response Plan (page 8, item 6F), the affected refuge chamber was determined to be

inoperable. The O2-2 oxygen cylinder gage showed approximately 700 pounds per square inch (psi) of pressure; the minimum operating

pressure at 62 degrees F is 1810 psi as specified on the chart affixed to the refuge chamber. The Headgate #3 section was in production at

the time of inspection and the operator ceased production immediately upon notification of the inoperability of the refuge chamber.

Standard 75.1506(c)(1) was cited 2 times in two years at mine 1103189



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75.1714-4 Additional Self-Contained Self-Rescuers (SCSRs).

(c) Additional SCSRs in escapeways. When each person underground cannot safely evacuate the mine within 30 minutes, the mine operator shall provide additional SCSRs stored in each required escapeway. ... (2) Storage locations shall be spaced along each escapeway at 30- minute travel

distances no greater than the distances determined by– ... (ii) Using the SCSR storage location spacing specified in the following table, except for

escapeways with grades over 5 percent.

------------------------------------------------------------------------

Maximum distance between

Average entry height SCSR storage locations (in ft.)

------------------------------------------------------------------------

< 40 in. (Crawl)............................................ 2,200

>40-50-65 in. (Walk Erect)..................................... 5,700

------------------------------------------------------------------------

8446369 12/11/2013 104(a) 12/16/2013 C Y 75.1714-4(c)(2)(ii) $10,437.00 Closed $10,437.00The additional storage locations of self contained self rescuers (SCSR) on the Longwall 2 alternate escapeway (entry #1) are not located

at thirty-minute travel distances (5,700 feet) as specified in the approved Emergency Response Plan (pages 8-9) from the table provided

in 30 CFR 75.1714-4(c)(2)(ii). Storage locations on the effected escapeway were located at cross-cut #19 and cross-cut #84, a distance of

approximately 8,900 feet. Longwall 2 was in operation at the time of inspection. This violation affected 10 miners.

Editor’s Note: Additional SCSR units were mandated after it was determined from the Sago, Darby and Aracoma disasters of 2006 that

additional SCSR units would have saved miners.



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§75.1720 Protective clothing; requirements.

Each miner regularly employed in the active workings of an underground coal mine shall be required to wear the following protective clothingand devices ... (c) Protective gloves when handling materials or performing work which might cause injury to the hands; however, gloves shall

not be worn where they would create a greater hazard by becoming entangled in the moving parts of equipment.

8432253 5/24/2011 104(d)(2) 6/22/2011 O Y 75.1720(c) $41,500.00 In ContestMaintenance Foreman was testing and troubleshooting the traction controller, of the Joy Continuous Miner company number 003, located

on the tailgate unit. was not wearing gloves while performing testing and troubleshooting. Gloves are required when testing and

troubleshooting energized electrical power circuits or electric equipment. This is an unwarrantable failure to comply with a mandatory

standard.



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75.1725 Machinery and equipment; operation and maintenance.

(a) Mobile and stationary machinery and equipment shall be maintained in safe operating condition and machinery or equipment in unsafecondition shall be removed from service immediately.

7560565 1/28/2015 104(a) 2/5/2015 C Y 75.1725(a) 52,500.00 In Contest **INJURY PRODUCING VIOLATION *** The operator failed to notify MSHA of this potentially life-threatening accident.Was also cited under §50.10 for failure to report.*** Condition Or Practice: An accident occurred at this mine on November 20th, 2014 involving a high pressure hydraulic hose. An accident

investigation revealed the mine operator failed to maintain the longwall in safe operating condition by continuing to operate the No. 7

shield with a damaged hose, Viking Portal longwall panel 1, MMU 005-0. The hydraulic hose from the right leg set circuit to the base

cylinder retract was frayed, showing signs of wear on the metal coupler, and was missing outer rubber exposing steel braided layers

within the hose. The actuation of hydraulic pressure to retract the base lift cylinder caused the hose to rupture at the base lift, allowing

high pressure hydraulic fluid (4,200 psi) to strike the miner, resulting in injuries with reasonable potential to cause death. Standard

75.1725 (a) was cited 12 times in two years at mine 1103189

-------------------------------------------------

Operator’s report to MSHA on the accident: While standing on a roof support shield assembly a pressurized (approx. 4000 psi) baselift cylinder hose assembly, roughly 3/4" to 1" in diameter ruptured puncturing our employees lower torso area, severely injuring

employee. Employee was positioned directly above the cylinder at the time of the incident. Employee was attended to by Mine

emergency team.

Editor’s note: Please see Tool Box talk on the dangers of high pressure fluid injection injuries. (link below). These injuries are potentially fatal. They can result in amputations: http://www.safequarry.com/toolbox/Highpressureinjectioninjuries.pdf The employee

injured in this case was on the job for less than 6 months.The operator gave additional training to longwall personnel concerningexaminations and proper maintenance/workmanship when using hydraulic hoses. This is hydraulic safety 101. Anyone workingaround hydraulic hoses/equipment should be trained on the seriousness of keeping hoses in perfect condition, and the dangers ofhydraulic fluid entering/puncturing the skin.

7560811 10/31/2014 104(a) 10/31/2014 C Y 75.1725(a) $52,500.00 In Contest **VIOLATION RESULTED IN A FATALITY On May 14, 2014, at approximately 2:15 p.m., William Daniel Payne was fatally injured while assisting the move of the company No.


http://www.safequarry.com/toolbox/Highpressureinjectioninjuries.pdfhttp://www.safequarry.com/toolbox/Highpressureinjectioninjuries.pdf


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DBRB3 Fletcher roof bolting machine from the completed Viking Longwall District 1 Tailgate #1 Section. Payne received crushing

injuries when he was pinned between the roof bolting machine ATRS and the south coal rib in the No. 3 entry between No. 89and No. 90 crosscut. The tram control Split/Combine valve in the operators compartment was held in the combine position by

a nylon rope. The roof bolting machine was being operated with both electric motors operating simultaneously for the

hydraulic pumps. The Fletcher maintenance manual clearly states the Split/Combine valve is to be used in the combine

position for use with only one electric motor on the roof bolting machine operating. The Fletcher maintenance manual

clearly warns that operation in the Combine position will make tramming difficult to control when both electric motors are

in operation. Standard 75.1725 (a) was cited 9 times in two years at mine 1103189

William-Daniel

Payne, 25Editor’s note: see related training violation under §48.7(a)



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Terminated

§75.1726 Performing work from a raised position; safeguards.

(a) Men shall not work on or from a piece of mobile equipment in a raised position until it has been blocked in place securely. This does not preclude the use of equipment specifically designed as elevated mobile work platforms.

9033188 2/2/2015 104(d)(2) 2/2/2015 O Y §75.1726(a) $70,000.00 In Contest (Imminent Danger Order Issued)

Condition Or Practice: Men shall not work on or from a piece of mobile equipment in a raised position until it has been blocked in place securely. The MMU 002 Section Foreman was observed standing on a raised platform 9 feet in the air on a wooden pallet being

held in the air by the forks of the in-service and running Company #4 Skidsteer. He was not wearing fall protection at the time. This was

on the MMU 002 working section at CrossCut 53 between entry 2-3. This violation is an unwarrantable failure to comply with a

mandatory standard. A ladder was brought over and the Section Foreman climbed down.



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§75.1916(e) Operation of diesel-powered equipment

(e) Diesel-powered equipment shall not be operated unattended.

8451817 2/12/2014 104(d)(1) 2/12/2014 O Y §75.1916(e) $17,800.00 In ContestCondition Or Practice: The diesel powered generator was observed at #135 crosscut of the Main North Headgate #1 travelway with itsdiesel engine operating. The generator was being used to supply power to a roof bolting machine being used in the return entry at #136

crosscut. The two roof bolter operators could not see the generator from their location. No person was attending the generator. Diesel

powered equipment shall not be operated unattended. The mine operator has displayed aggravated conduct by allowing the generator to

be operated unattended. Standard 75.1916(e) was cited 2 times in two years at mine 1103189. This violation is an unwarrantable failure

to comply with a mandatory standard.


Documents

Ellen Smith Summaries_mc#1