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)

Vol21, Nos12 & 13

  • Accidents:
    • Two Hurt in structural failure at Angelle Aggregates (422)
    • Cracked skull is third fracture injury this year at Dominion No36 (423)
    • Miner survives conveyor entanglement at O.KGravel Works (423)
    • MSHA imposes safeguards after injuries at Kingston No2 (424)
    • Injury Rate nearly 6 times average at Antioch Mine, site of ladder accident (425)
    • Grease Line failure entails surgery for maintenance worker (425)
    • Nine-employee Naselle Quarry reports two lost-time injuries in two days (425)
    • Foreman Altered accident scene at Gardenia Quarry, MSHA charges426
  • Combustible Materials: Six years after order, case returns to ALJ for additional S&S information (428)
  • Fatalities:
    • Supervisor killed by exploding pump at Brewer Sand (429)
    • Truck Driver killed in 75-foot plunge at Spring Creek Mine (430)
    • Fatal wire-rope failure had nonfatal precursor in 2008 (430)
    • LaFarge settles citations from rock fall at Three Rivers Quarry (433)
    • Hecla settles fatality-related citation from Lucky Friday mine (433)
  • Flagrant Violations: Judge sets criteria for determining flagrant violations (434)
  • Grants: Charity agreement transfers Brookwood-Sago grant money to for-profit group (435)
  • Ground Control: ALJ decision deeming a 300-foot highwall a danger upheld by Commission (442)
  • Pattern of Violations: After three hour discussion, Commissioners seem more comfortable with POV rule (443)
  • Safeguards: Commission grants review on whether operators can challenge safeguard notices (445)
  • Settlements: Labor Deptrefuses to release memo on standard settlement language (446)
  • Review Commission Orders and ALJ Decisions (453)

Vol. 21, No. 11

  • Accidents:
    • Freed conveyor roller slams into repair worker at Oaktown Fuels No. 1 (386)
    • Driver Hurt in truck rollover at Red River No. 1 Plant (386)
    • Grout and water mixture causes burns at Prosperity Mine (387)
    • Ammonia exposure at Lehigh Plant hospitalizes Pa. cement worker (387)
    • Truck slides off slumping bench at Rock Products Inc. (388)
    • Eleven-foot fall breaks bones of mechanic at Hualapai Pit. (388)
    • More than 100-foot methane burn reported in Bowie No. 2 (389)
    • Scoop battery ignites flames repeatedly in Loveridge #22 (390)
    • Fairport Salt Mine reports 2nd shaft-mouth ignition of methane in 7 months (390)
  • Blasting: Company fined $76,000 for two separate flyrock accidents at two mines (391)
  • Criminal Proceedings:
    • Guilty plea and indictment issued in training fraud (392)
    • Lack of venue argument dismissed in indictment against mine examiner (393)
    • Arch Coal employees charged with kickback scheme (393)
  • Escapeways: Lack of four-foot width through regulator door not S&S (395)
  • Fatalities:
    • North Antelope Rochelle is site of second death in under 4 years (396)
    • Historic Sunshine Mine is site of fatal hoisting accident (397)
    • Instructions contrary to safety training led to Black Thunder death, MSHA finds (398)
    • Organic material contributed to fatal slide of “marginally stable” slope (401)
  • Injunctions: DOL seeks injunction where quarry operator refuses to withdraw miners (402)
  • Inspections: April impact results spotlight Bayer Alumina Plant (403)
  • Investigations: Coal miner goes on record saying company cheated on dust sampling (406)
  • On the Move: Commission’s Jean Ellen retires; longest employee at Commission (407)
  • Review Commission Orders and ALJ Decisions (409)

Vol 21, No 9

  • Accidents:
    • Runway personnel carrier injures five (290)
    • Contractor seriously hurt in fall from powder truck (291)
    • Manlift accident fractures welder’s back (291)
    • Fall from walkway causes lung puncture (291)
    • Sunrise Coal’s Carlisle mine reports two roof bolter injuries in 2 days (292)
    • Electrical short injures two coal miners changing battery (292)
    • Mobile bridge operator has foot partly amputated (293)
    • Cement kiln mishap caused fractured hip (294)
    • Two miners sustain fractures in month at Dominion Coal No 36 (294)
    • MSHA cites FST Sand & Gravel in belt conveyor entanglement (294)
  • Black Lung: CWP Fund failed to rebut 15 year presumption where mine disabled (295)
  • Civil Penalties: Penalty case remanded where ALJ relied on old penalty criteria (296)
  • Communication and Tracking: MSHA tweaks policy on communication and tracking (297)
  • Discrimination: Judge denies company’s motion for economic reinstatement (299)
  • Evidence: Commission remands case where ALJ reversed his own initial finding (299)
  • Fatalities:
    • 5-foot fall was fatal at Ames Mine, MSHA determines (300)
    • Bulldozer incident fatal to contractor employee at Big River Industries mine (301)
    • Driller Killed in recently-transferred Midas Gold Mine (301)
    • Small mine operator killed in ATV accident at his Nevada mine (302)
    • Supervisors let drowsy truck driver keep working before fatal accident (302)
    • Scrutiny of repeated filter-press mishaps could have saved life (304)
    • Galena mine settles fatality-related fine for $50,000 (309)
  • Inspections: Peabody Mine in Indiana tops unwarrantable list for March impact inspections (309)
  • Labor Relations: Miner gets job back where company lacked a finely tuned drug abuse policy (312)
  • Respirable Dust: New respirable dust; rule effective Aug 1, 2014 with two-year phase-in (313)
  • Review Commission: Tips for Commission practitioners offered at EMLF (318)
  • Settlements: Solicitor questions congressional intent, past 36 years of case law on settlements (319)
  • Stakeholders’ Meeting: MSHA sounds warnings on metal and nonmetal mining fatalities (329)
  • Review Commission Orders and ALJ Decisions (331)

Vol21, No7

  • Accidents:
    • Radioactive-waste facility in salt mine was unready for underground fire (215)
    • Mountain Pass Mill reports second chemical exposure in a month (219)
    • Cumberland Coal loading dock worker injured in 12-foot fall (220)
    • Two contract workers hurt in man lift mishap at Barrick Gold mine (221)
    • Sideways Pressure blamed for nolo roof fall (221)
    • Stillwater Mine reports equipment fire (222)
    • Congressional Hearings:At four year anniversary of UBB, MSHA sees scant attention on Hill (222)
      • Criminal Proceedings:Tunnel Ridge foreman indicted for false certification (224)
        • Discrimination: Judge sides with miner in case MSHA refused to accept (225)
          • Fatalities:
            • Foreman fatally struck by pipeline at Virginia dredge (226)
            • Trainee dies in maintenance accident at Gibson Mine (226)
            • MSHA blames contractor-installed cable tray in fatal incident at LeBec Cement plant (228)
            • No Citations in drowning at Maple Creek impoundment (229)
            • Secretary and Bledsoe settle penalties where rib roll killed miner (231)
          • General News:Senator, mining engineer want interviews out of Blankenship’s You Tube video (231)
          • Highwalls:Commissioners lean towards affirming highwall violations at California operation (232)
          • Inspections:Impact events find unwarrantables in underground salt, surface coal operations (235)
          • Part 50 Reporting:Operators must file accident reports of contractors under their control (238)
          • Review Commission Orders and ALJ Decisions (239)