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)

Vol. 22, No. 2

  • Accidents:
    • Contract worker seriously burned at Alcoa Bayer Plant (27)
    • Scoop knocks foreman off ladder at Deep Mine 41 (28)
    • Continuous mining machine injures employee at Kronos Mine (29)
    • Roof support crushes employee’s foot in Shoemaker Mine (29)
    • No violations found after skull fracture at Richland No. 9 (30)
    • Parke County Aggregates settles CO poisoning case for $12,000 (31)
    • Buzzi Unicem settles violation tied to contractor’s electrical shock and injury (32)
    • Pogo Mine has second ground control incident in 2 months (32)
    • Ore hoist damaged accident at Cote Blanche Mine (33)
    • Miner sues company, contractor for near-fatal accident (33)
  • Criminal Proceedings: Florida contractor begins 180 day home confinement (34)
  • Electrical Standards: Case sent back for determination of unwarrantable standards (35)
  • Fatalities:
    • MSHA responds to increase in metal and nonmetal deaths (36)
    • Rock fall causes death in Doe Run’s Fletcher Mine (37)
    • Swift Creek Phosphate Mine Is scene of fatal excavator overturn (38)
    • Unsafe fall-protection tie-off caused shaft worker death at Sunshine Mine (39)
    • Actions of Spring Creek truck driver unexplained in fatal dump-site plunge (40)
    • ALJ upholds unwarrantable failure findings for violations that led to death of Consol miner (42)
  • On the Move: From Congress to civilian life, Miller reflects on mine safety (44)
  • Review Commission Orders and ALJ Decisions (47)

Vol. 21, Nos. 22 & 24

  • Accidents:
    • Rail worker loses arm at Badger Mining Sand Plant (716)
    • Miner Seriously injured by ram car at Darby Fork No1 (716)
    • Two coal miners suffer chemical burns at Rosebud’s Twin Rocks Mine (717)
    • Clogged rock duster injures miner at Onton #9 (718)
    • Silicosis Diagnosed At Elko Quartz Plant (718)
    • After Roof Rock Injures Two, Unwarrantable Failures Cited At Springfield Pike Mine (718)
    • 2nd Miner This Year Has Leg Broken By Roof Fall In Elk Creek Mine (719)
    • Worker Sustains Neck Fracture In Fall At Saunders Coal Prep Plant (720)
    • 5-Foot Fall At Rosebud Mine Causes Broken Ribs and Internal Bleeding (720)
    • Driver Hurt When Coal Hauler Loses Wheel In Wildcat Hills Mine (721)
    • Prairie Eagle-Underground reports 4th worker hurt by rock fall in 2 months (721)
    • Worker Survives being pinned by continuous miner at JWR No7 (722)
    • Attempt To bypass circuit breaker burns employee at Laredo Paving (722)
    • Chemical reagent causes illness at Newmont’s Twin Creeks Mine (722)
    • Contract foreman at Decker Coal escapes moving belt with minor fracture (723)
    • Civil Penalties:
      • Delinquent operator comes up with payment plan in 40 minutes of closure order (723)
      • With delinquent penalties, Ouachita Gravel faces $57,500 in penalties after leg amputation (728)
      • Hidden Splendor case sent back to ALJ; information needed on penalty reduction (728)
      • Speakers at MSHA hearing: Don’t mess with FMSHRC jurisdiction (729)
    • Discrimination: Discrimination case can move forward despite company’s bankruptcy proceeding (732)
    • Equal Access to Justice Act: Patriot contractor not entitled to EAJA fees based on contract agreement (733)
    • Fatalities:
      • Novice miner killed at Zeotech Plant (734)
      • Contract Supervisor dies in fall of load from crane at Bayer Plant (734)
      • Miner struck down by ram car at Highland 9, site of four “impact” inspections (735)
      • Safety Instructions could have prevented death of Gypsum Mtnmine owner (737)
      • Klondex driller was alone at time of fatal entanglement (738)
      • Guard drowned at Crown Hill Coal Facility was intoxicated, W.Vareports (740)
    • On the Move: Williamson named as Special Assistant (742)
    • Private Suits:
      • Evidence lacking for any scheme to shut down Left Fork Mine (743)
      • Ohio court dismisses Murray suit; notes chilling effect on free speech (744)
    • Suspended Loads: Unwarrantable failure criteria not met in crane assembly project (745)
    • Review Commission Orders and ALJ Decisions (747)

Vol21, Nos19 & 20

  • Accidents:
    • Bailey mine reports two serious injuries during longwall wrap-up (612)
    • Workers injured by natural gas incident in sand dryer at Illinois company (613)
    • Utility truck accident causes fractured back at Delbarton plant (614)
    • Oak Grove Mine reports third head injury this year (614)
    • Haines & Kibblehouse worker gets concussion from flying rock (615)
    • Mechanic At Enterprise Mine #9A hit on head by ATRS bar (615)
    • Scoop operator sustains head injury at Kingston No1 (615)
    • Electrical shock has delayed effect at Federal No2 (616)
    • Bulldozer Operator safe after entrapment in coal pile at Cumberland Mine (616)
    • Extensive Roof Fall Reported In Active Area of Barrett Mine (617)
    • Civil Penalties: Commission reduces penalties for closed ICG mine (617)
      • Criminal Proceedings:
        • Justice Dept drops three-of four counts where miner lied about being certified (619)
        • Employee of laboratory admits to falsifying water samples from West Virginia mines (619)
        • Fatalities:
          • Bulldozer operator dies in fall over highwall at Manchester Mine in Alabama (620)
          • North Antelope Rochelle Mine has second contractor death this year (620)
          • Surface miner killed by rock fall in Tinsley Branch Highwall-Miner opening (622)
          • Trucker falls to death at Lehigh Evansville Plant (623)
          • Before two deaths, Mississippi Lime kept hazard notes away from MSHA (624)
          • Deep-seated safety problems preceded CO poisoning deaths at Revenue Mine (626)
          • Failure to report earlier outburst blamed in deaths at Brody Mine No1(635)
          • Inspections: Alpha’s Camp Creek Mine Gets five orders on impact visit (642)
            • Pattern of Violations: Twelve mines remain in MSHA sites for POV status (645)
              • Settlements: Unions, Congressman Miller will weigh-in on ALJ approval of settlements (647)
                • Review Commission Orders and ALJ Decisions (657)

Vol. 21, No. 18

  • Accidents:
    • Six burned in coal silo incident at Sulphur Springs Strip (580)
    • Debris on mine floor blamed for fractured back at Prosperity Mine (581)
    • Mechanic pinned by loader at Morenci Mine (581)
    • Driver Has concussion after vehicle falls over bank at Arkansas coal mine (582)
    • Falling rock injures sixth miner this year at Shoemaker Mine (582)
    • MSHA investigates second rock burst this year at Galena Mine (583)
    • Blast at California Quarry damages residences (584)
  • Black Lung:
    • MSHA inspectors not entitled to black lung benefits (584)
    • Four hearings and four appeals later, court awards benefits to miner’s widow (585)
    • Widow of JWR miner awarded benefits due to Affordable Care Act (586)
  • Discrimination: Company did not discriminate against female miner with osteoporosis (586)
  • Equal Access to Justice Act:
    • Fees denied where Secretary vacated citations due to lack of witnesses (587)
    • Over $40,000 in EAJA fees awarded where small operator had penalty reduced by 90% (588)
  • Fatalities:
    • Forklift fatally pins mechanic at Hockley Salt Mine (588)
    • Miner crushed by equipment at West Ridge Mine (589)
    • Miners lacked experience with feeder repair before fatality at Gibson Mine (589)
    • Machine catwalk retrofit blamed in fatal fall at Ames underground limestone mine (590)
    • ALJ upholds $157,000 in penalties in 2010 fatal truck accident at Rex Coal (592)
  • Grants: Increased Brookwood-Sago Grants announced for fiscal 2015 (595)
  • Imminent Danger: 596 explosive range detected in Aracoma Mine (596)
  • WARN Act: Nine Mile Mining violated WARN Act when it fired 73 miners (597)
  • Review Commission Orders and ALJ Decisions (598)

Vol21, No15

  • Accidents:
    • Two Pennsylvania Mines report leg and foot fractures from longwall shields (502)
    • Worker doused with sulphuric acid at Morenci Copper Mine (503)
    • Rib Roll knocks miner unconscious at Federal No2 (503)
    • Surface gold miner seriously hurt in overturn at Mesquite Mine (504)
    • Worker sustains electric shock at Powhatan No6 (504)
    • Falling steel bar breaks worker’s arm at Princeton Quarry in
    • N.C. (505)
    • Mechanic seriously hurt while removing wheel chocks at Bristol Quarry (505)
    • MSHA to make four annual inspections at WIPP (506)
    • Foresight Energy says fire is extinguished at Deer Run Mine (507)
    • Miner’s disability not related to 2001 JWR mine explosion (507)
  • Blasting: ALJ upholds $23,000 fine against blasting company (508)
  • Civil Penalties: MSHA hopes to reduce litigation through civil-penalty proposal (509)
  • Criminal Proceedings: Man pleads guilty in W.Vamine kickback scheme (514)
  • Fatalities:
    • Fatality undiscovered overnight at small Montana sand and gravel producer (515)
    • No violations in death of miner crushed by feeder at Mountain View Mine (515)
    • Positioning a coal feeder has entailed unsuspected hazards (517)
    • Truck drivers belong in cab when loading, MSHA reports after Kansas death (518)
  • General News: Alpha NAtural Resources announces layoffs of 1,000 miners (520)
  • Injunctions: Secretary, North Dakota operator agree to permanent injunction for right of entry (520)
  • Jurisdiction: Shamokin Filler asks for rehearing on plant jurisdiction (521)
  • Pattern of Violations: ALJ dismisses Pocahontas’s contest of POV notice (522)
  • Review Commission: Nakamura acting FMSHRC chairman as Congress exits for summer break (523)
    • Training: MSHA’s inadequate training form for Part 46 compliance may lead to violations (523)
      • Review Commission Orders and ALJ Decisions (526)

Vol22, No14

  • Accidents:
    • Scoop mishap injures two in new CONSOL Harvey Mine (469)
    • Runaway blast truck pins miner (471)
    • ALJ upholds specially assessed penalty for truck accident at Justice mine (471)
    • Signal Peak settles accident citations (472)
  • Black Lung: Solutions sought for black benefits issues, including backlog (473)
  • Fatalities:
    • Worker electrocuted in dredge pond at Murray Mines (475)
    • Truck driver killed by loader at Brooksville South Cement Plant in Florida (476)
    • Lifting of unsecured pipe led to death at Baillio Sand Mine (477)
    • Mystery remains in fatal fall of bulldozer over highwall at Jim Bridger (479)
    • ALJ imposes $21,000 fine for violation where miner killed in ‘red zone’ (482)
    • Matich settles accident citations where steel tube fell and hit miner driving a skid steer loader (483)
  • Federal Tort Claims Act: Aracoma settlement reached; calls for fire safety training at Mine Academy (484)
  • Inspections: Impact visits spotlight dozens of infractions at sand and cement operations (485)
  • Jurisdiction: MSHA has jurisdiction over coal facility that stores, dries, screens and bags coal (489)
  • Liability: Case remanded to ALJ to recalculate civil penalties against mine owner (490)
  • Review Commission Orders and ALJ Decisions (492)