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)

Vol. 21, No. 5

  • Accidents:
    • Small Pa. Mine hits second unmapped borehole in year (145)
    • Truck catches fire at Carmeuse lime plant (146)
    • Anglogold site reports third lost-time slip/fall in under 3 months (147)
    • Low-level personnel contamination found at WIPP facility (147)
  • Budget: Fiscal ’15 MSHA budget again aims to end state grants (148)
  • Civil Penalties: ALJ rejects Secretary’s “flagrant” charges and $723,500 in penalties (149)
  • Fatalities:
    • Sand and gravel pit worker at Long Island mine fatally engulfed in bank collapse (153)
    • Fatal electrocution blamed on energized circuit at Cumberland River Quarry (154)
    • Pushing of personnel carrier suspected in fatal overturn at Pattiki Mine (155)
  • Inspections: January impact visit gets plan revoked for Baylor mine (158)
  • Labor Relations: Justice companies hit with WARN Act lawsuits (161)
  • Private Suits: Hecla shareholder lawsuit dismissed by court (161)
  • Refuge Chambers: MSHA acts on draft emergency refuge findings available to few (162)
  • Review Commission: Commissioners hear Twentymile argument on communication wires (165)
  • Ventilation: Secretary’s rejection of ventilation plan not arbitrary and capricious, 6th Circuit rules (167)
  • Review Commission Orders and ALJ Decisions (169)

Vol 21, No 4

  • Accidents:
    • Employee’s arm crushed in conveyor pulley at N.J. quarry (112)
    • Foreman seriously hurt in rib fall at James River Coal’s #68 mine (113)
    • Man survives 25-foot fall at Kentucky prep plant (113)
    • Nonfatal material hopper accident recalls September fatality (114)
    • Methane causes evacuation of trona mine (114)
    • Radiation released at underground waste storage site (115)
    • Spill at West Virginia prep plant listed as environmental, not job safety issue (116)
  • Black Lung: Labor Dept. aims to bolster process for black lung benefit claims (117)
  • Civil Penalties: Labor Dept. and Viper Coal settle over $400,000 in delinquent penalties (118)
  • Criminal Proceedings: UBB’s Gary May to remain in prison; unable to prove ineffectual counsel (118)
  • Discrimination:
    • MSHA refuses to take case where miner threatened for making complaints (119)
    • MSHA investigates safety director’s complaint against gold company (120)
  • Fatalities:
    • Continuous-miner accident is fourth similar death in 19 months (120)
    • Contractor employee falls to death in Kosmos Cement plant elevator shaft (121)
    • Bad brakes on unstable truck blamed in death at Pennsylvania quarry (122)
    • MSHA suggests product design an issue in death of mechanic (124)
  • Freedom of Information Act: ‘Open Government’ meeting opened to public (126)
  • Investigations: Illinois suspended, under investigation (127)
  • Jurisdiction: MSHA has jurisdiction of barge facility where coal is mixed, stored and loaded (127)
  • On the Move: Doug Parker appointed as MSHA’s Deputy Assistant Secretary for Policy (128)
  • Review Commission Orders and ALJ Decisions (129)

Vol. 20, No. 22

  • Accidents:
    • Officials uncertain if quarry blast induced larger earth movement (648)
    • Ignition in salt mine burns five minutes (649)
    • Asarco settles penalties from May 2011 impoundment overflow at Hayden concentrator (650)
    • Rocks flying off mine site during blast constitutes an “accident” under Mine Act (651)
  • Civil Penalties: On remand, Commission upholds dismissal of late-filed penalty petitions (652)
  • Discrimination: Throwing pen at supervisor is adequate justification for firing miner (653)
  • Fatalities:
    • CO poisoning kills trainee and shift supervisor in Colorado silver mine (654)
    • Century Mine has second hydraulics-related death in 3 years (655)
    • Electrician gets fatal shock while installing pump at Pine Bluff Sand & Gravel Co. quarry (656)
    • Truck driver dies in plunge into settling pond at Vulcan Construction Materials Lithia Springs Quarry (656)
    • Bumper block was removed before fatal machine plunge into ore passage at Newmont mine (657)
    • Poorly positioned trailing cable, being in ‘red zone’ led to fatal continuous-miner accident (658)
    • Fairbanks Coal reaches $410,000 settlement from December 2011 highwall collapse (661)
  • Mine Refuges: MSHA extends comment period for miner training (664)
  • Pattern of Violations: West Virginia coal mine is placed on pattern of violation status (664)
  • Personal Liability: Agents of operator not prejudiced by MSHA’s lengthy investigation (666)
  • Safeguards: ALJ upholds $55,000 penalty for safeguard violation at Oak Grove mine (666)
  • Review Commission Orders and ALJ Decisions (668)

Vol. 20, No. 20

  • Accidents:
    • Supervisor rescued from under material in hopper at Cemex plant (599)
    • Contractor sustains shock while cleaning rail car at Buzzi Unicem USA’s Lone Star Pryor plant (600)
    • Truck driver hurt in underground rollover at Graymont mine (601)
    • Aggregate operator cited in customer truck accident at Glass Aggregates (601)
    • Driver hurt in fall from bulk trailer at Mitsubishi Cement (602)
    • Electrical problems cited after underground rail collision at Oak Grove Mine (602)
    • Inaccurate blast leads to salt mine roof fall at New York mine (603)
  • Budget: MSHA and FMSHRC resume normal work, at least until January (604)
  • Criminal Proceedings: Magistrate finds no conflicts in Gary May case (605)
  • Fatalities: Electrician dies after fall from ladder at National Cement’s Lecec Plant (606)
  • General News: Murray Energy To acquire five large operations from CONSOL (606)
  • Mine Refuges: NMA presses MSHA on refuge component approval schedule (608)
  • Pattern of Violations: Three underground coal mines now on POV status (609)
  • Perspectives: Kings Dominion: No treat for Halloween (615)
  • Review Commission Orders and ALJ Decisions (616)

Vol. 20, No. 18

  • Accidents:
    • Three burned in surface explosion at Peabody mine (538)
    • Slip from truck ladder causes head injury at Martin Marietta quarry (539)
    • Plant workers sprayed with caustic liquid at Alcoa plant (539)
    • Graymont underground limestone mine emptied after roof fall (540)
    • Still recovering from huge collapse, Bingham Canyon Mine reports lesser slide (540)
    • Silver miner released after 1½ hour entrapment at Galena Mine (541)
    • Miners Escape injury in Veris Gold Mine roof fall (541)
    • New Underground coal mine in Pennsylvania strikes water (542)
    • MSHA issues elevator entrapment alert (542)
    • MSHA Issues roof fall warning (543)
  • Budget: Agencies on shut-downs with minimal emergency staffing (543)
  • Citations: Operator not prejudiced by Secretary’s request to amend complaint (544)
  • Civil Penalties: Secretary established adequate cause in filing penalty proposal 30 days late (545)
  • Criminal Proceedings: Gary May asks for immediate release citing conflicts-of-interest with his attorney (545)
  • Discovery: Operator not entitled to MSHA’s special assessment form (547)
  • Discrimination: Employer’s subpoena request denied in discrimination case (548)
  • Fatalities:
    • MSHA issues alert highlighting three fatalities in week (548)
    • Haul truck makes fatal plunge over highwall at Con-Agg’s Huntsville Quarry (549)
    • Limestone quarry worker fatally trapped in hopper after trying to free material (550)
    • Miner killed in overturn of former military truck used at Pennsylvania slate quarry (550)
    • Failing brakes and poor communication led to death in Questa Mine derailment incident (551)
    • Error In use of air bag for re-railing proved fatal at Consol’s Loveridge #22 (553)
  • Grants:
    • Brookwood-Sago grants at least partly evade shutdown tripwire (555)
    • Alpha Foundation awards $10 million for mine safety and health research (558)
  • Inspections: Small mines with scofflaw histories top August impact inspection list (559)
  • Miners’ Representatives: Miner’s rep manual available on MSHA website (561)
  • Mine Rescue:
    • Comments sought on advanced mine rescue training guides (562)
    • Cliffs’ Pinnacle Blue Team Leads coal mine rescue winners (562)
  • Settlements: Secretary, engineering firm settle single violation from Crandall Canyon disaster (563)
  • Unwarrantable Failure: Failing to note debris over 5-week period was an unwarrantable failure (564)
  • Review Commission Orders and ALJ Decisions (566)

Vol. 20, No. 17

  • Accidents:
    • Massive cylinder falls on mechanic’s leg at Arch subsidiary mine (496)
    • Supervisor injured by scoop at Consol’s Baily Mine (496)
    • Fire from welding sparks damages Shelly Materlimestone plant (497)
    • Cumberland mine resumes production after geologic problem (497)
    • Cargill’s Cleveland salt mine idled by safety concerns (498)
  • Combustible Materials: Penalties increased by ALJ where mine has history of §75.400 violations (498)
  • Criminal Proceedings: Judge goes above sentencing guidelines in Massey executive case (499)
  • Discrimination:
    • Armstrong’s ‘egregious’ lawsuit against miner warrants $70,000 fine, ALJ rules (500)
    • ALJ should have allowed evidence of document forgery in miner’s case (501)
  • Dust Standards: Final dust-sampling rule queues up for review at OMB (502)
  • Equipment Safety:
    • New MSHA- approved leaky feeder cable proves safer in mine fire (504)
    • Warning issued about calibrating Terex’s Genie articulating boom (504)
  • Fatalities:
    • WWII Veteran drowned while mowing around Maple Creek impoundment (504)
    • Practices in moving power shovels faulted after Black Thunder fatality (505)
    • Mechanic at Allied Custom Gypsum killed by freeing jammed energized conveyor, MSHA concludes (506)
    • No violations, but Affinity Mine gets proximity devices after fatal scoop accident (508)
    • Unknown person tampered with safety switch before hoist fatality at Metinvest’s Affinity Mine (510)
  • Inspections:
    • Court finds operator in contempt, issues arrest warrant after refusing to allow inspections (513)
    • July impact visits find “unwarrantable” lapses by global and local operators (514)
  • Investigations: MSHA can demand miners’ phone numbers in 110(c) investigation (517)
  • Mine Plans: 7th Circuit agrees with Commission on MSHA approval of ventilation plans (518)
  • Part 50 Reporting: Non-fatal heart attack does not require 15 minute MSHA notification (519)
  • Private Lawsuits: W.Va. Supreme Court rules against former Massey shareholders (520)
  • Settlements: ALJ rejects settlement motion where CLR offered no supporting documentation (521)
  • Training:
    • Belmont College in Ohio offering college credit mining courses (521)
    • Annual safety trainers’ conference scheduled for Oct. 15-17 (522)
  • Review Commission Orders and ALJ Decisions (523)