Vol. 23, Nos. 18 & 19

  • Accidents:
    • One burned in electrical explosion at Revelation’s D-7 Osaka Mine (377)
    • One hurt in rib fall at Revelation Energy D-18 Mine (378)
    • Gramercy Aluminum Plant reports 3nd caustic burn incident in 6 weeks (379)
    • Miner sustains fracture in transportation incident at Chino Mines (379)
    • Falling rock fractures miner’s pelvis at Klondex Fire Creek (380)
    • GMS Mine Repair reports two broken legs in 8-day span (381)
  • BlackLung: Operators report 123 cases of black lung disease since January (381)
  • Discrimination:
    • CEO Robert Murray ordered to read prepared statement; mines fined $100,000 (384)
    • Judge fines contractor $35,000 where miner fired after asking for dust mask (385)
    • Commission ALJ dismisses discrimination complaints in Veris Gold bankruptcy case (387)
  • Fatalities:
    • MSHA cites unwarrantable failures in fatal rib fall at Huff Creek No.1 (390)
    • Mine operator cited in unloading fatality at Vista Sand (391)
    • Fine reduced to $7,000 in settlement where
      unwarrantable failure finding overturned (393)
  • Mine Refuges: Commission upholds S&S finding where refuge is 1,110 feet from section (395)
  • Part90: Company that purchased Alpha mine in bankruptcy must reinstate Part 90 miner (396)
  • Review Commission Orders and ALJ Decisions (398)

Vol. 23, Nos. 14&15

  • Accidents:
    • Miner has skull fracture at Marshall County Coal (306)
    • Contractor Falls 14 feet at PR Springs Oil Shale Mine (307)
    • Energized power line burns worker at Permian Frac Sand (307)
    • Worker Has arm crushed at recently-registered Tom Green Renfroe Pit (308)
    • Miner breaks pelvis in 4-foot fall at Tata Chemicals (309)
    • Preparedness found lacking after truck incident at Con-Ag Inc. (309)
    • Maintenance worker burned by kiln dust at Carmeuse Buffington Plant (310)
    • Miner has 3rd-å burns after truck fuel tank explodes at Viburnum #35 (310)
    • Roof fall knocks out miner at Revelation Energy D-16 Mine (311)
    • Air blast from roof fall injures miner at Shoal Creek (312)
    • Two miners sustain fractures in moving long wall equipment at Oak Grove (312)
    • Cyanide release causes evacuation at Midas Mine (313)
    • Quarry Fined $56,500 Where Supervisor Injured in Hopper (314)
  • Blasting and Explosives: Judge upholds fines for supervisor, superintendent for blasting violation (316)
  • Criminal Proceedings: Bresee Trucking fined, owner sentenced in advanced notice case (317)
  • Discrimination: Commission sends case back to ALJ for reassessment of penalties (319)
  • Electrical Equipment: Requirement for yearly checks of extension cords upheld by D.C. Circuit (322)
  • Equipment Safety: MSHA issues warning on drilling hazards (323)
  • Fatalities:
    • One killed on surface by shaft explosion at Road Fork #51 (325)
    • Multiple issues contributed to death from flyrock at Martin Marietta Plant 862 (326)
    • Failure to Set brake and lower blade caused death of dozer operator at Chemours (329)
  • On the Move: New MSHA Superintendent has background in education and military (331)
  • Personal Liability: Superintendent, foreman held liable for housekeeping, examination violations (332)
  • Settlements: In 5-0 Vote: Mine Act clear on commission’s role in settlements (333)
  • Review Commission Orders and ALJ Decisions (337)

Vol23, Nos10 & 11

  • Accidents:
    • Miner severely burned in explosion at Wolfmeier Trucking (224)
    • Marshall County Coal reports two injuries involving underground doorways (225)
    • Rosebud Mining reports two serious limb injuries in 8 days at Madison Mine (225)
    • 4-foot fall causes serious injuries at Ames Plant Dredge(226)
    • Loader Fractures pelvis of worker at Hi-View Quarry (227)
    • Two hurt by pipe burst in Brushy Eagle Mine (227)
    • Bunting Sand & Gravel reports two illnesses from welding in tank (227)
  • Civil Penalties: Judge to decide if delinquent penalties should be considered in latest order (228)
  • Criminal Proceedings: Foreman agrees to forfeit papers where miner died under his watch (229)
  • Diesel Rules: MSHA revisiting diesel exhaust exposure rules (230)
  • Examinations: MSHA proposes rule to expand workplace checks in metal/nonmetal sector (231)
  • Fatalities:
    • Two die in impoundment failure at Harmony Mine & Mill (233)
    • Fatality is second serious incident this year at Ash Grove Cement in Texas (234)
    • Miner crushed under loader in American Coal Co.’s New Era Mine (235)
    • Company neglected unsafe ground conditions before latest death at 4 West (236)
    • MSHA proposes $3,143 fine in drill operator’s death at SSX Gold Mine (239)
  • Imminent Danger: Imminent danger upheld based on inspector’s belief at time of occurrence (241)
  • Investigations: Operator ordered to turn over employee contact information for investigation (242)
  • Safeguards: Winch and cable not “approved equipment” for moving supply cars (244)
  • Review Commission Orders and ALJ Decisions (246)

Vol. 23, Nos. 10 & 11

  • Accidents
    • Flying debris injures driver in electrical incident at Marshall County Loadout (258)
    • Miner seriously hurt in excavator overturn at Lowsplint Surface Mine (259)
    • Extensive roof problems found after injury at D-8 Cloverlick Mine (260)
    • Inadequate training cited after severe injury to Stewart Services employee (261)
    • Two hurt by chain hoist failure at Giant Cement (262)
    • Worker struck by falling rock in Michel underground limestone mine (263)
    • Lightning causes nerve injury at Batesco Portable Plant (263)
    • Gas line breach injures worker at Phillips Vandalia Sand and Gravel Pit (264)
    • Miner escapes injury in dozer fire at Ontelaunee Quarry (264)
    • Worker dragged by moving equipment at Liberty Lignite Mine (264)
    • Loader accident fractures pelvis of worker at Hi-View Quarry (265)
  • Budget Committee actions would deny MSHA appropriation hike (265)
  • Civil Penalties Delinquent penalties considered an aggravating circumstance in assessment (267)
  • Discrimination Empire Iron Mining fined $8,000 in interference case(268)
  • Equipment Safety Commission vacates duplicative citation for same condition (270)
  • Fatalities:
    • MSHA Finds unwarrantable hazards after death at Atlas Quarries (270)
    • Fall of rock from highwall kills equipment operator at Vulcanís Savannah Quarry (271)
    • Death at Lower War Eagle was caused by working on roller with conveyor in motion (272)
    • Icy grade responsible for death of truck driver at Barrick Cortez (274)
  • Investigations
    • Mine Act permits access to personnel records in discrimination investigation (275)
    • BHP Copper, Tetra Tech ordered to turn over parts of accident investigation report (278)
  • Personal Liability Judges will look for prejudice where cases languished at TCIO for years (280)
  • Settlements Commissioners appear to reject challenge to ALJ settlement authority (282)
  • Two settlements rejected where reductions in fines ‘not supportable’ (288)
  • Review Commission Orders and ALJ Decisions (290)

Vol23, Nos4 & 5

  • Accidents:
    • Worker has head caught in pallet mover at Thomasville Mine in York, Pa. (109)
    • Latest ground fall at Barrick Gold’s Turquoise Ridge traps two (111)
    • Worker breaks bones in fall from catwalk at Huber Carbonates (111)
    • Worker loses digit from encounter with block saw at Texastone (112)
    • Two Hurt as torch ignites dry coal at Marfork Processing (112)
    • Enlow Fork reports brief underground fire at battery charging station (113)
    • Two have fractures in falling-material incident at Ash Grove Cement (114)
    • Smoke injures two in fire at Sidney Coal’s No1 Prep Plant (114)
  • Budget:Incremental changes requested in MSHA FY 2017 budget proposal (115)
  • Compensation: Hecla miners entitled to limited compensation (119)
  • Discrimination: Temporary reinstatement denied where miner fired for violating LOTO120
  • Equipment Safety: Commission upholds ALJ’s dismissal of alleged “drill attendance” violation (121)
    • Fatalities:
      • Nearly 1-ton pipe rolling off truck crushes driver at Vista Sand (122)
      • Driver dies in plunge off embankment at Staker & Parson sand and gravel pit (124)
      • Slip on step of truck caused fatal head injury at Lone Stary Quarry & Mill (125)
      • Airlock doors that crushed worker at 4 West Mine were insecure (126)
    • Jurisdiction: MSHA has jurisdiction over quarry’s garage one mile from mining operation (128)
    • Pattern of Violations: Commission jacks jurisdiction to hear challenge of Affinity’s POV notice (129)
    • Review Commission Orders and ALJ Decisions (132)

Vol23, No2

  • Accidents:
    • Truck Driver severely hurt in Batavia underground limestone mine (38)
    • Miner’s leg broken by belt conveyor at Tata Chemicals (39)
    • Flying hitch component breaks bone near miner’s eye at Cumberland Mine (39)
    • Fan door falls on miner at idled Rockhouse Creek No8 (40)
    • Two Injured by blasting incident in Pleasant Hill Underground Coal Mine (41)
    • Miner fractures skull in fall through ceiling at CR Minerals San Juan Plant (42)
    • After 10 months, fire keeps Deer Run Mine indefinitely idled (42)
    • Miner has pelvis fractured on longwall at McElroy’s Marshall County Mine (43)
    • Owner of Lee Excavation falls 10 feet from platform (44)
    • Cargill salt mine remains idle after 17 trapped due to hoist problems (44)
  • Discrimination:
    • Company ordered to reinstate miner where it is a “successor-in-interest” (44)
    • Judge Adds party to miner’s 105(c)(3) discrimination complaint (46)
    • Discovery motion denied in discrimination claim involving claim against miners (47)
    • Medically-related absence is not a basis for discrimination (47)
  • Dust Standards: 11th Circuit upholds dust rule with new monitors to be used Feb1 (48)
  • Fatalities:
    • 4 West Mine has second fatality in 8 months (51)
    • Third coal-mining death in January involves continuous miner at Dotiki Mine (52)
    • Wobbling brake pedal, lack of safety chain cited in death at Gateway Mine (54)
    • Unstable material on stockpile caused fatal slide at Pinky’s Aggregates (56)
  • Inspections: MSHA issues orders at three cement plants during Nov.-Decimpact inspections (57)
  • Safeguards: Split commission upholds four safeguard violations for mud filled travelway (61)
  • Settlements: Settlement rejected where Secretary sought high penalty reductions (62)
  • Significant and Substantial:
    • Redundant safety measures are irrelevant to S&S inquiry (64)
    • Court upholds ALJ findings of S&S, high negligence at Mach Mining(66)
  • Review Commission Orders and ALJ Decisions (68)

Vol22, No20

  • Accidents:
    • Fracture to miner’s back at Galena mine is subject of safety alert (414)
    • Mach #1 has 2nd severe caught-between injury from longwall equipment (415)
    • Miner pinned by truck in Elmwood/Gordonsville underground zinc mine (416)
    • Worker pinned by shuttle car at San Juan Mine (417)
    • Breathing loose talc sickens plant employee in Texas mill (417)
    • Miner’s arm amputated in conveyor incident at McNeil Plant & Quarry (418)
    • Gas-powered saw cuts into worker’s torso at Joppa Cement Plant (419)
    • Supervisor burned in the face at Theodore Cement Plant (419)
    • Worker survives trip through feeder at Beverly Materials West Pit (419)
  • Berms and Guardrails: Judge vacates citation for alleged berm violation at Con Agg quarry (420)
  • Black Lung: Coal miner diagnosed with black lung after 7 years in industry (421)
  • Criminal Proceedings: Blankenship free to travel throughout U.S after misdemeanor conviction (421)
  • Discrimination:
    • Case remanded to ALJ where Kingston Mining electrician laid off, not recalled (423)
    • Miner with multiple discrimination cases reinstated to KenAmerican mine (423)
    • Five Murray mines fined $30,000 each for interfering with miners rights (425)
    • Secretary argues he should not seek penalty against successor company (426)
  • Fatalities:
    • MC #1 Mine sees fifth fatality in 7 years (427)
    • Falling tow boom fatal to contractor employee at Davenport Cement Plant (429)
    • Haul truck collision causes death at Barrick Cortez Mine430 Defective weld blamed in death of contract supervisor at Alcoa’s Bayer Plant (431)
  • Pattern of Violations: Judge upholds POV designation for Metinvest’s Affinity Mine (434)
  • Safeguards: Commission upholds Oak Grove safeguard notice, but violation was not S&S (436)
  • Settlements:
    • Family claims their wishes fell on deaf ears in settlement negotiation (437)
    • Judge rejects settlement where Secretary drops fines and imminent danger order (440)
  • Withdrawal Orders: Court upholds finding that fire consultant was an “operator;” upholds (K) order (441)
  • Review Commission Orders and ALJ Decisions (442)

Vol22, No18 & 19

  • Accidents:
    • Broken leg prompts 8th MSHA accident investigation this year at Process Energy (377)
    • Nonfatal injury at Jasper Stone resembles Hockley Mine fatality (379)
    • Miner breaks arm while drilling at Peerless Rachel Mine (380)
  • Congressional Hearings: At Hill hearing, NMA argues for delay of new coal-mine dust samplers (381)
  • Discrimination:
    • Judge erred in dismissing complaint against TMK Enterprise Security (387)
    • Safety director’s complaint upheld, but bankruptcy issues complicate damages (388)
  • Evidence: ALJ dismisses citation for lack of evidence from Secretary (389)
  • Fatalities:
    • Floodwater hid ditch in fatal excavator overturn at PCS Phosphate’s Swift Creek Mine (390)
    • “Reactive approach” blamed for death from falling coal in Deep Mine 41.391 6th Circuit upholds $157,500 in penalties involving Rex Coal brake failure case (394)
  • Hoists: Commission upholds violation where hoisting speed of bucket exceeded standard (395)
  • Inspections: Small Iowa operator continues to defy MSHA citations, orders according to ALJ decision (396)
  • Delinquent mines tops impact inspections for violations (399)
  • Part 50 Reporting: Judge vacates three alleged reporting violations stemming from audit (401)
  • Unwarrantable Failure: Accident not due to unwarrantable failure where workers had training (403)
  • Review Commission Orders and ALJ Decisions (405)

Vol22, No14 & 15

  • Accidents:
    • Miner has arm torn off by roof drill at Paramont Deep Mine #25 (311)
    • Foreman severely injured in conveyor incident at Subtropolis Mine (313)
    • Two coal miners injured by arc-flash gases in Kingston No1 (313)
    • Electrician caught under pipe at Cessford Construction Dredge (314)
    • McElroy Mine reports two personnel-carrier collisions in three days (314)
    • Driller sustains neck fracture at Mineral Ridge Gold Mine (315)
  • Discrimination: Miner over-exposed to ammonia gas at Veris Gold wins discrimination claim (316)
  • Fatalities:
    • Miner killed at Onton #9 was volunteer firefighter (317)
    • Roof-safety oversight found lacking in fatal ground fall at Fletcher Mine (318)
    • Roof fall death at Heilwood Mine blamed on wire-mesh handling method (320)
  • Horns and Backup Alarms: Horns must be functioning at all times on equipment (322)
  • Injunctions: Injunction granted where Kentucky mine owner threatened MSHA inspector (323)
  • Inspections:
    • Judge upholds specially-assessed penalty for delaying MSHA inspection (323)
    • “Company outside” was not a warning of MSHA’s impending inspection at Ken American Mine (324)
  • Private Suits: Farmington Mine disaster families seek to reopen lawsuit claiming withheld evidence (325)
  • Significant and Substantial: Commission remands case for additional S&S and unwarrantable analysis (326)
  • Withdrawal Orders: MSHA’s authority under §103(j) limited to rescue and recovery work (328)
  • Review Commission Orders and ALJ Decisions (330)

Vol. 22, No. 12 & 13

  • Accidents:
    • Employee Severely hurt by arc flash at Lee Creek Phosphate Mine (264)
    • Dozer operator needs spleen removed after injury at Barrick Cortez (265)
    • First reported injury at Friendsville Sand might have been fatal (266)
    • 44-employee CVB No. 1, site of rib-roll injury, has 22 hurt in less than 2 years
    • (267)
    • Two knocked down but unhurt in possible explosion at D-10 Dorchester (267)
    • Massive roof fall spares approaching employee at Buchanan #1 (268)
    • Roof fell around mobile supports during retreat mining at Black Oak (268)
    • Five workers get chemical burns from wet concrete at Kosse Strip (269)
    • Defective welding equipment causes electric shock at Roanoke Cement (270)
    • Continuous miner operator survives collision with machine at XMV No. 40 (270)
  • Civil Penalties: Dissolution of company renders $1.6 million in fines uncollectible; cases moot (271)
  • Discovery: Judge denies sanctions against small operator in discovery dispute (272)
  • Discrimination:
    • 3rd Circuit sends case back to FMSHRC because of conflicting opinions (273)
    • Murray Energy ordered to temporarily reinstate miner who was fired for writing profanity on check (274)
    • ALJ rejects handwriting expert testimony in decision on remand (275)
    • Equal Access to Justice Act: Company awarded fees where delay in inspection was justified (276)
  • Examinations: Case remanded for unwarrantable failure analysis where parts of mine impassible (278)
  • Fatalities:
    • 18-year old dies in silo collapse at Luck Stone (279)
    • Loader operator engulfed in stockpile slide at Pinky’s Aggregates (280)
    • Drill operator dies in Small Mine Development’s SSX Underground Gold Operation (281)
    • United Salt pays $4,564 in penalties following mechanic’s death At Hockley Mine (282)
    • Lack of safe overhead-storage access caused death at Gardenscape of New York (284)
    • Diesel unit had multiple safety issues in fatality at West Ridge Mine (285)
  • Part 50 Reporting: Court denial upholds reporting of smoldering coal stockpile (289)
  • Respirable Dust: year-old respirable-dust rule working out fine so far, Main reports (291)
  • Settlements:
    • Fly rock settlement rejected where Secretary sought 97% penalty reduction (292)
    • Judge reluctantly dismisses case where Secretary vacates citation instead of offering explanations (293)
    • Judge rejects 55% penalty reduction and places vacated citations on public record (295)
  • Review Commission Orders and ALJ Decisions (297)