MSHA News Release: [01/14/2010]
Contact:   Amy Louviere
Phone:    (202) 693-9423
Release Number 10-31-PHI

MSHA releases report, issues violations in West Virginia mine inundation
Flooding from heavy rains led to 24-hour underground entrapment of 7 miners

ARLINGTON, Va. - The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) has issued its accident investigation report in the May 2009 inundation that left seven coal miners trapped underground for nearly 24 hours at the Cobra Resources LLC Mountaineer Alma A Mine in Wharncliffe, W.Va.

On May 9, heavy rains in and around southern West Virginia touched off a series of events that caused an inundation of water to enter the mine’s portals and accumulate in a low area. Storm runoff water entered the mine portals after being diverted when culverts underneath the portals became blocked by debris, mud and rock. Trees and other vegetation in the uppermost ditch created a bottleneck, along with a buildup of sediment that prevented the ditches from functioning as designed.

The accumulated pool of water underground blocked the escape routes of seven miners working underground. They became trapped for nearly 24 hours until the water was pumped down. Ultimately, all seven exited from the mine without injury.

“These miners had the wherewithal to move to higher ground,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “Their actions, along with the expertise of federal and state mining officials and mine management, resulted in a positive outcome. Nevertheless, the mine operator’s failure to properly maintain underground diversion systems and escapeways could just as easily have ended in tragedy.

“This accident underscores the need for mine operators to always maintain escapeways so they are available for use by miners when they need them,” he added.

MSHA issued two citations to the mine operator. In the first violation, the mine operator did not regularly monitor and properly maintain the mine’s system of diversion ditches, designed to route storm runoff surface water away from the mine portals and into ponds constructed to handle runoff. Consequently, the operator failed to adequately protect the surface openings at the main portal areas to prevent flood water from entering the mine, in that flood waters from the surface entered the mine and inundated the escapeways, making those escapeways impassable.

The second violation was issued for the operator’s failure to maintain the two separate and distinct escapeways in safe condition. The flood waters entered the mine and inundated a low area at the main portal in all 10 entries, preventing the seven miners from exiting the mine. The depth of the water ranged from 0 feet to approximately 9 feet deep and was roofed in most areas.

    - See Report

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MSHA News Release: [01/04/2010]
Contact:   Amy Louviere
Phone:    (202) 693-9423
Release Number 09-1588-NAT

Mining fatalities fall to all-time low in 2009
34 mining deaths in US is record-setting number

ARLINGTON, Va. -Preliminary data from the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) released today indicate that mine fatalities in 2009 fell to an all-time low for the second straight year. Coal mines recorded 18 mining deaths, and metal/nonmetal mines recorded 16 mining deaths, for a combined total of 34 mining deaths nationwide and a significant drop from last year’s total of 53 deaths.

“No one should have to die for a job,” said Secretary of Labor Hilda L. Solis. “Our nation’s miners, like all workers, deserve jobs that allow them to provide for themselves and their families. No job is truly good unless it is safe, and the U.S. Department of Labor is committed to ensuring safety is priority one in our nation’s mines.”

“This decline in numbers is a testament to the commitment of miners, mine operators, MSHA, the Department of Labor and other members of the mining community in making safety and health our top concern,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “At the same time, we are ever mindful that these numbers represent a tragic loss to the families and friends of the 34 victims. We will not rest until we reach zero fatalities in mining.”

According to Main, a key factor contributing to the record low number of deaths include enforcement of the Federal Mine Safety and Health Act of 1977 (which succeeded the 1969 Mine Act) and continued implementation of the Mine Improvement and New Emergency Response (MINER) Act, enacted by Congress in 2006.

In 2009, MSHA assessed 173,000 civil penalties for violations of mine safety and health legal requirements. The dollar amount of assessed penalties totaled $140.7 million in 2009. Twenty-five flagrant violations were assessed at a total of $3.4 million.

Of the 34 fatalities reported, 11 coal miners and 14 metal/nonmetal miners died at surface mines, while seven coal miners and two metal/nonmetal miners died at underground facilities. Seven coal miners and five metal/nonmetal miners died in accidents involving powered haulage, the leading cause of all fatal mining accidents in the U.S. during 2009. From Oct. 19, 2008, to June 9, 2009 - a nearly eight-month period - no underground coal mine fatalities were reported, with the total number of underground coal mine deaths about half the previous historic low.

Main emphasized that, while the numbers indicate vast improvements in safety, much work remains to be done on the health side. To that end, MSHA launched a comprehensive program last month to end new cases of black lung among the nation’s coal miners. Based on recent data from the National Institute for Occupational Safety and Health, cases of black lung are increasing among the nation’s coal miners. Even younger miners are showing evidence of advanced and debilitating lung disease from excessive dust exposure.

MSHA gathers mining fatality data from the 50 states, the Virgin Islands and Puerto Rico. To view these statistics, go to http://www.msha.gov. Under the “statistics” heading, click on “fatality charts.”

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MSHA News Release: [05/01/2009]
Contact Name: Amy Louviere
Phone Number: (202) 693-9423
Release Number: 09-0465-PHI

MSHA issues closure order for failure to pay delinquent penalties

Virginia’s Snapco Inc. owes nearly $400,000 in fines

ARLINGTON, Va. — The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) has issued a closure order under Section 104(b) of the Mine Safety and Health Act of 1977 (Mine Act) to Snapco Inc. of Buchanan County, Va., after the mine operator failed to pay $396,576.84 in delinquent penalties and then ignored a demand to correct the failure. The order closes production at the company’s Mine Number 2; the penalties stem from at least 360 violations cited at that operation.

“When mine operators fail to meet their legal obligations, MSHA must take appropriate action,” said Michael A. Davis, MSHA’s deputy assistant secretary for operations. “This company had been given every opportunity to pay its fines and was warned that failure to pay could lead to a closure order.”

In a letter dated April 3, MSHA, through counsel, formally demanded that Snapco Inc., pay its delinquent penalties. The parties engaged in some discussion, but Snapco Inc., failed to make suitable arrangements to pay its penalties. MSHA issued the citation on April 16, and when it became evident that the operator would not address the violations, MSHA issued a closure order on April 22.

This underground coal mine operator also recently received notice of a potential pattern of violations. On March 16, MSHA notified Snapco Inc. that it had a potential pattern of violations of mandatory health or safety standards under Section 104(e) of the Mine Act at its Mine Number 2. If Snapco Inc. reopens, the company will be required to significantly reduce its violation frequency rate or face issuance of a Notice of a Pattern of Violations. Such notice would result in MSHA issuing an order to withdraw miners from the affected area until the cited condition is corrected each time a significant and substantial violation is found at the mine.

MSHA News Release: [04/01/2009]
Contact: Amy Louviere
Phone: 202-693-9423
Release Number 09-341-ATL

MSHA fines Shelby Mining Co. LLC $280,000
2 miners seriously injured in 2008 methane ignition

ARLINGTON, Va. - The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) today announced it has assessed $280,000 in civil penalties against Shelby Mining Co. LLC, which operates Coke Mine #1 in Shelby County, Ala. The fines resulted from a methane ignition last October that left two miners seriously burned.

On Oct. 2, 2008, a continuous mining machine operator and a helper were seriously burned when an air-methane mixture was frictionally ignited by worn cutter bits coming into contact with roof rock. Ten bits were worn off on the side of the cutting head where the ignition occurred, and 22 cutting bits were worn or missing.

“The stated obligation of every mine operator is to seek out and eliminate safety and health hazards that may adversely affect its employees,” said Michael A. Davis, MSHA’s deputy assistant secretary for operations. “In this instance, the foreman failed to do that, and a serious yet avoidable accident occurred.”

MSHA’s accident investigators also found that mine management failed to take air readings and to ensure that water sprays and the methane monitor were maintained in functional condition. MSHA has cited three unwarrantable failure violations determined to be reckless disregard and one high negligence unwarrantable failure violation.

This mine has a history of methane ignitions at the face, with eight being reported since October 2006. On Oct. 25, 2006, two miners were seriously burned as a result of such an ignition.

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