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USDOL announces findings of impact inspections at US mines with histories of repeated health or safety violations

Original article published by MSHA

Photo: U.S. Department of Labor

Inspections resulted in 113 significant and substantial violations, 13 unwarrantable failure findings

WASHINGTON – The U.S. Department of Labor’s Mine Safety and Health Administration today released the findings of monthly impact inspections at 25 U.S. mines in January and February 2023. MSHA conducts impact inspections at mines that merit increased agency attention and enforcement due to factors that include poor compliance history; previous accidents, injuries, and illnesses; and other compliance concerns.
The impact inspections resulted in the issuance of 374 violations and two safeguards, including 113 significant and substantial and 13 unwarrantable failure findings. An S&S violation is one that is reasonably likely to result in a reasonably serious injury or illness. Violations are designated as an unwarrantable failure when an inspector finds aggravated conduct that constitutes more than ordinary negligence. MSHA conducted inspections at mines in Alabama, Arizona, California, Colorado, Connecticut, Illinois, Indiana, Kentucky, Louisiana, Nevada, Ohio, Pennsylvania, South Carolina, Texas, Virginia, Wisconsin, and West Virginia.

The impact inspections resulted in the issuance of 374 violations and two safeguards, including 113 significant and substantial and 13 unwarrantable failure findings. An S&S violation is one that is reasonably likely to result in a reasonably serious injury or illness. Violations are designated as an unwarrantable failure when an inspector finds aggravated conduct that constitutes more than ordinary negligence. MSHA conducted inspections at mines in Alabama, Arizona, California, Colorado, Connecticut, Illinois, Indiana, Kentucky, Louisiana, Nevada, Ohio, Pennsylvania, South Carolina, Texas, Virginia, Wisconsin, and West Virginia.

“These impact inspections uncovered serious violations, demonstrating that they remain an important enforcement tool to address safety and health issues at mines with poor compliance histories,” said Assistant Secretary for Mine Safety and Health Chris Williamson. “The Mine Safety and Health Administration is focused on identifying conditions that can lead to serious accidents given the number of fatalities the mining industry has experienced so far this year. We will continue to use every tool that Congress gave us to protect miners’ safety and health, and we ask the entire mining community to work with us to eliminate safety and health hazards that can cost miners their lives.”

The details of two of the inspections are listed below:

MSHA conducted an impact inspection on Feb. 1 at Frontier Coal Company, Belcher Branch Mine, in Wyoming County, West Virginia. In October 2022, the mine operator was issued two unwarrantable failure violations for failing to follow the MSHA-approved roof control plan and not conducting an adequate pre-shift examination; unwarrantable failure violations of the same mandatory standards were found during the impact inspection. MSHA inspectors issued 25 citations and 7 orders, finding unwarrantable failure violations for:

  • Failure to comply with the roof control plan because the operator exceeded the maximum cut depth approved by MSHA at a coal face.
  • Failure to conduct adequate workplace examinations, including an adequate examination of the continuous mining machine where MSHA found 11 of 28 water sprays were not working.
  • Miners not wearing proximity detection system equipment—technology that can prevent pinning, crushing, and striking accidents—and a faulty machine mounted PDS component which prevented the system from functioning properly.
  • Failure to identify and clean up loose coal and coal dust in active travelways.