Coal Diver Everything you wanted to know about coal, but were afraid to ask.

This is a text-only version of the document "MSHA Internal Audits, Region 5, 2010". To see the original version of the document click here.
MSHA Internal Audit Reports, 2010 Region 5 - Virginia Table of Contents Norton, VA Field Office -- p 2 Staunton, VA Field Office -- p 32 Vansant, VA Field Office -- p 81

MEMORANDUM FOR

MICHAEL A. DAVIS Deputy Assistant Secretary for Mine Safety and Health Administration PETER J. MONTALI Acting Director of Accountability for Mine Safety and Health Administration ARLIE A. WEBB Accountability Specialist

FROM:

SUBJECT:

Introduction

-

MSHA Office o~tability Audit, Norton, Virginia, (b) (6) Field Office, a n (b) (6)

This memorandum summarizes the Office of Accountability audit of the subject mine and field office. Audit subjects included the Uniform Mine File, MSHA field activities, level of enforcement, Field Activity Reviews (PARs), Accompanied Activities (AAs), MSHA supervisory and managerial oversight, mine plans, and the conditions and practices at the mine. The audit was conducted during the week of August 17, 2009, by Arlie A. Webb. Positive findings and issues requiring attention are included in this audit report. Overview The accountability specialist traveled to the subject field office and mine to observe and evaluate enforcement activities, supervisory and managerial oversight, and mine conditions and practices. Areas of the mine examined during this audit included the active section, primary and alternate escapeways, belt conveyors, underground seals, lifelines and ERP supplies, communications systems, record books, and surface areas. Selected pieces of equipment underground and on the surface were inspected. The audit revealed positive findings in several categories, including the following: 1. Inspector time distribution for the Norton field office during the previous 12-month · ble. (b) (6) 2. and the District Manager have visited numerous mines during the time period covered by this audit.
1

3. With few exceptions, the level of enforcement appears commensurate with the conditions and practices observed. 4. Inspection documentation indicated thorough and complete inspections. 5. The 104(d) tracking system is well maintained and up to date. 6. The Uniform Mine Files have been upgraded and are in compliance with the new UMF handbook. The audit also revealed several issues that require corrective actions, including the following: 1. Repetitive errors that resulted in citations being modified or vacated were not always immediately identified and corrected. During the period from October 01, 2008 through August 18,2009 at the Norton field office, there were 192 modifications of citations/ orders, 30 that were vacated, and 14 that were extended 4 or more times. (See Item No. 79) (District/FO) 2. Inspection personnel do not appear to be identifying or promptly addressing potential hazards or issues related to guards where persons cross under/ over belt conveyors (allowing the use of additional bottom rollers to serve as a guard). (See Item No. 54) (DistrictjFO) 3. Inspection personnel also do not appear to be identifying or promptly addressing potential hazards related to escapeway requirements (allowing a "grace period" between the time caches and/ or shelters are moved up and the time the lifeline is connected to them). (See Item No. 35) (DistrictjFO) 4. Evaluations of the number of persons affected by violations do not appear consistent. (See Appendix C) (District/FO) 5. Observed deficiencies during Field Activity Reviews, Accompanied Activities, and 2nd level reviews, were not always identified, documented or corrected. (See Items No. 4 and 6) (FO) S&S Rate Comparison: Although S&S rates for the field office and district were comparable to the national average for FY 2008, the FY 2009 rate was slightly lower than the District 5 average and considerably lower than the national average. S&S Rate Comparison Norton, VA Coal District 5 Field Office 32% 32% 25% 27%

Fiscal Year 2008 2009

National Average 35% 34%

Time and Activity Comparison: Time distribution for E01 inspections conducted out of this field office during FY 2009 indicates good usage of time by inspection personnel.

2

Travel

I

%of Total

17.4%

Surface Facilities - EOl Inspections Citations Citations Total Other Written Written On-Site On-Site Off-Site <1% 11.7% 70.8% 8.6% Surface Mines - EOl Inspections Citations Citations On-Site Other Written Written On-Site Off-Site 12.9% 71.3% 3.8% <1%

Total Percent 100.0%

Travel

Total Percent 100.0%

I

% ofTotal

15.8%

Travel Other

l% of Total 17.2%
Audit Results

15.6%

Underground Mines- EOl Inspections MMU Outby Surface Citations Citations Total Written Written Percent On-site Off-site <1% 100.0% 22.9% 22.1% 17.3% 4.9%

The attached checklist addresses the findings of the audit. Positive issues as well as issues requiring action are covered in detail in the checklist.
Attachments

A. B.

Office of Accountability Checklist, with comments, recommendations, and references Citations issued during this audit 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
(b) (6)

75.400 75.1722(a) 75.400 75.902 75.902 75.333(e)(1)(i) 75.400 75.400 75.380( d)(7)(i) 75.1403 75.1504(b)(3)(ii)

C. Enforcement actions with questionable evaluation of gravity and negligence

3

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

Mine 10

(b) (6)

~

(b) (6)
Date

1.

Evaluate supervisory review of inspection reports and documentation for completeness.

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

2.

Determine if supervisors address report deficiencies immediately

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

3.
Adequate

Determine if supervisors are visiting each assigned mine at least annually

0

Inadequate

D

Not Applicable

D

Comments Below

4.

Evaluate the quality of Field Activity Review reports (FARs)

Adequate

D

Inadequate

0

Not Applicable

D

Comments Below

Twelve FARs were reviewed during this audit. Only five contained documentation of observed deficiencies and corrective actions, and only 3 of the twelve contained documentation of positive reinforcement or constructive criticism. revealed that numerous issues, although discussed and corrected following the review, were not always documented, such as: • adequately documenting observed violations • addressing the "eight questions" regarding evaluation of citations/ orders • completing a tracking map • proper justification for extending or terminating citations
(b) (6)

Action Required -All observed deficiencies, errors, and/or exceptional achievements should be documented during FARs and AAs. Reference - Corrective Action Plan: Sago, Aracoma and Darby Internal Reviews Reference - Coal Mine Safety & Health Supervisor's Handbook
ATTACHMENT A
4

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA MineiD

District

I

Coal Dist 5

(b) (6)

Date

(b) (6)

6. Adequate

Evaluate the quality of Accompanied Inspections

D

Inadequate

0

Not Applicable

D

Comments Below

Twelve AAs were examined during this audit. Only 5 contained documentation of deficiencies relative to inspection activities.
(b) (6) Interviews revealed that numerous issues, although discussed and corrected during or immediately following the accompanied activity, were not always documented, such as: • wearing hearing protection • wearing kneepads when in low coal • adequate communication with miners and mine management • attention to detail when documenting observed violations (b) (6)

Action Required -All observed deficiencies, errors, and exceptional achievements should be documented during FARs and AAs. Reference- Corrective Action Plan: Sago, Aracoma and Darby Internal Reviews Reference - Coal Mine Safety & Health Supervisor's Handbook

7.

Determine if supervisors are thoroughly reviewing mine files at least annually

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

Uniform Mine File Reviews were documented by signature on the appropriate form.

11. Adequate

Determine if ADMs and DMs are visiting mines with poor compliance at least monthly

0

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

5

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton,VA

District

I

Coal Dist 5

I

MineiD

(b) (6) ~

Date

(b) (6) ~

~

13. Adequate

Evaluate the location, workload, and availability of specialists (roof control, ventilation, electrical, etc.) within the district

[RJ

Inadequate

D

Not Applicable

D

Comments Below

14. Adequate

Evaluate supervisory and management review of 103(i) (spot inspection) tracking system for compliance with time frames

[RJ

Inadequate

D

Not Applicable

D

Comments Below

15. Adequate

Determine if supervisors and managers are ensuring that 103(i) inspections are not combined with any other type of inspection

[RJ

Inadequate

D

Not Applicable

D

Comments Below

17. Adequate

Determine if supervisors are monitoring inspector time and activity documentation to ensure proper use of time by inspector

[RJ

Inadequate

D

Not Applicable

D

Comments Below

18. Adequate

Determine if Standard Operating Procedures (SOPs) are in place, current, and in compliance with MSHA policies and procedures

[RJ

Inadequate

D

Not Applicable

D

Comments Below

Standard Operating Procedures are in place, and are current. SOPs were also found in pertinent locations (i.e.: the 104(d) tracking SOP in each UMF book) to promote consistency.

ATTACHMENT A

6

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

Mine 10

(b) (6)

~

Date

(b) (6)

20. Adequate

Determine if supervisors are adequately evaluating the level of enforcement by visiting each producing mine

[K]

Inadequate

D

Not Applicable

D

Comments Below

The number of mine visits being conducted during the day shift is commendable.

Recommendation- Superoisors and managers should consider increasing the number of visits conducted on evenin~ and ni~ht shifts.

23.

Determine if second level reviews and Peer Reviews are used to assess supervisory review of enforcement actions

Adequate

[K]

Inadequate

D

Not Applicable

D

Comments Below

Numerous second-level reviews were conducted, and contained feedback to the field office supervisors.

25.
Adequate

Evaluate inspectorI specialist knowledge of documentation required and process for completing PKW Forms.

[K]

Inadequate

D

Not Applicable

D

Comments Below

28.

Determine if managers and supervisors are using required "standardized reports" to review critical data relevant to inspections and investigations

Adequate

[K]

Inadequate

D

Not Applicable

D

Comments Below

29.
Adequate

Determine if complete and thorough inspections are being conducted and adequately documented

[K]

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

7

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

Mine 10

(b) (6)

Date

(b) (6)

30 . Adequate

Determine if inspection notes, air samples, rock dust samples, and tracking map/ diagram support the inspector's assertion that the mine was inspected in its entirety

00

Inadequate

D

Not Applicable

D

Comments Below

35.

Determine if all provisions of the MINER Act are evaluated during the inspection

Adequate

D

Inadequate
(b) (6)

[RJ

Not Applicable

D

Comments Below

(b) (6) Interviews with indicated confusion regarding the reconnection of lifelines and communication lines to emergency shelters following advancement of the shelter. Persons interviewed assumed there was a "grace period" between the time the emergency shelter was moved and the time the lifeline and communication lines were required to be reconnected.

Action Required- The district should provide additional training with regard to the movement of emergency shelters. This instruction should emphasize that that lifelines and communication lines must be re-established immediately following the moving of emergency shelters. Reference- 30 CFR, Sections 75.380, 75.1500, and the MINER Act

36. Adequate

Determine if the amount of time expended on each inspection activity and area of the mine is sufficient to accomplish inspection goals

00

Inadequate

D

Not Applicable

D

Comments Below

37. Adequate

Evaluate each citation/ orderI safeguard for inspector's determination of gravity, negligence, number of persons affected, and the level of enforcement

[RJ

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

8

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

Mine 10

(b) (6)

Date

(b) (6) ~ ::J

38.

Accompany and evaluate inspector's imminent danger run

Adequate

[RJ

Inadequate

D

Not Applicable

D

Comments Below

39.

Check adequacy of preshift/ onshift examinations

Adequate

[RJ

Inadequate

D

Not Applicable

D

Comments Below

40.

Evaluate inspector's observation of roof conditions

Adequate

[RJ

Inadequate

D

Not Applicable

D

Comments Below

The roof control plan was discussed with individual miners.

42.

Evaluate conditions on working section and observe work cycle

Adequate

[RJ

Inadequate

D

Not Applicable

D

Comments Below

The inspector's evaluation of conditions and practices on the section was thorough.

43.

Observe air quantity, quality, and gas checks by inspector

Adequate

[RJ

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

9

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

Mine ID

(b) (6) ~ ~

Date

(b) (6) ~

~

44.

Determine adequacy of Emergency Response Plan training (interview miners)

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

(b) (6) Interviews with severa- indicate adequate ERP training. All were well acquainted with escape routes, lifelines, and contents, and SCSR locations.

45. Adequate

Determine adequacy of training regarding roof, ventilation, and other plans (interview miners)

0

Inadequate

D

Not Applicable

D

Comments Below

46.

Evaluate Self-Contained, Self-Rescuer condition, storage, signage

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

SCSR locations and condition of the units was excellent.

47. Adequate

Determine if the mine operator has conducted SCSR donning expectation training and if the inspector has observed and evaluated the training

0

Inadequate

D

Not Applicable

D

Comments Below

48.

Examine electrical cables on several pieces of equipment

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

Trailing cables and other cables were examined and found to be in very good condition.

ATTACHMENT A

10

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

MineiD

(b) (6) ~ :=J

Date

(b) (6)

49.

Evaluate several pieces of equipment for permissibility

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

50.

Examine lifelines, mandoors, and related signage

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

Signage was accurately located, and easily understood. One instance of a severed lifeline was cited and immediately corrected.

51.

Examine escapeway map for compliance with regulations

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

52.
Adequate

Evaluate integrity of primary and alternate escapeways

D

Inadequate

00

Not Applicable

D

Comments Below

Stopping lines were intact, well installed, and plastered (with one exception, which was cited) in accordance with regulations and plans. However, an examination of the airlock doors at the main mine fan indicated that clearances may not be adequate to allow injured persons to be assisted through them.

Recommendation - The district should provide additional instruction to field personnel that all escapeways that pass through doors or other permanent haulage or ventilation controls will permit injured miners to be assisted in escape. The OA recommends the district include "stretcher tests" as outlined in 30 CFR, 75.380 where needed. Reference- 30 CFR, 75.380(d)(3) and 75.380(d)(4)(iii)

ATTACHMENT A

11

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

Mine ID

(b) (6) ~

Date

(b) (6)

53.

Evaluate integrity of return side stopping line

Adequate

00

Inadequate

D

Not Applicable

D

Comments Below

54. Adequate

Travel and evaluate condition and maintenance of section conveyor belt, structures, and entries

D

Inadequate

0

Not Applicable.

D

Comments Below

A safeguard was issued for the operator's failure to provide an adequate guard where persons and uncovered personnel carriers pass under an operating belt conveyor. The safeguard was terminated when the operator installed start/ stop switches at the inby and outby approaches to the belt conveyor. Start/Stop switches may not be an effective means to prevent persons from coming into contact with moving belts and rollers. These switches are only effective when behavioral controls are also in place to require their use. Physical guards constructed of materials such as expanded metal screens or rebar would provide a much more effective means of preventing injury.

Recommendation - The OA recommends the inspector consider all factors related to eliminating hazards and should not consider terminating a cited condition or practice until he/she determines that abatement efforts are adequate and termination is justified.

56.

Evaluate fire valves and hoses (condition, compatibility of fittings, pressure test)

Adequate

00

Inadequate

D

Not Applicable

D

Comments Below

58.

Evaluate cleanup of accumulations and application of rock dust

Adequate

00

Inadequate

D

Not Applicable

D

Comments Below

One citation was issued relative to accumulations of combustible material one the working section. This was at the section feeder and was not widespread. Rock dustin_g on the mmu ATTACHMENT A

12

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, v A

District

I

Coal Dist 5

I

Mine n::(

I was very good.

(b) (6) (b) (6) (b ) (6 )

c(b) (6)

::J

Date

(b) (6)

59.

Evaluate condition of conveyor belt drives, and fire suppression systems

Adequ~te

00

Inadequate

D

Not Applicable

D

Comments Below

60. Adequate

Determine if all required record books are adequately completed and in compliance with applicable standards

00

Inadequate

D

Not Applicable

D

Comments Below

61.

Examine mine map for accuracy of workings and escapeway locations

Adequate

00

Inadequate

D

Not Applicable

D

Comments Below

Mine maps on the working sections and on the surface were frequently updated and appeared accurate.

62.

Examine mine bulletin board and evaluate adequacy of all required postings

Adequate

00

Inadequate

D

Not Applicable

D

Comments Below

63. Adequate

Interview responsible person(s) and evaluate knowledge of emergency response, evacuation procedures, and fire fighting processes

D

Inadequate

00

Not Applicable

D

Comments Below

A review of the mine record books revealed the mine operator is not conducting adequate
ATTACHMENT A

13

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, v A

District

I

Coal Dist 5

I

Mine n::( b

(b) (6) C-..J

Date

(b) (6)

evacuation drills on the third (owl) shift. The drills wjre being conducted, but the operator was not alternating escapeways as required by 30 CFJtSection 75.1504(b)(3)(iii). The practice was cited by the inspector after the violation was brought to his attention by the field office supervisor and the OA team member.

Recommendation- The district should provide additional instruction to field personnel in methods used to determine if adequate drills are being conducted and recorded. Inspection personnel should pay close attention to detail when reviewing mine record books.

65. Adequate

Examine and evaluate at least one set of seals, including methods for obtaining samples from sealed area

[KJ

Inadequate

D

Not Applicable

D

Comments Below

75. Adequate

Evaluate approved training plan after discussion with miners

[KJ

Inadequate

D

Not Applicable

D

Comments Below

Miners were well aware of the provisions of the approved training plan.

77. Adequate

Evaluate the two most current completed EOl (regular) inspection reports (two quarters)

[KJ

Inadequate

D

Not Applicable

D

Comments Below

78.

Evaluate the ten most current completed E02 (103(i) spot) inspection reports

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

r-----~--------------------------------------------------~------------·---

Some E02 spot inspection reports only indicated a cursory examination of underground areas of the mine and did not always include attention to conditions or practices commonly associated with the hazards intrinsic to excessive methane liberation, such as permissibility, trailing cables, calibration of methane monitors, etc.
ATTACHMENT A

14

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton,VA

District

I

Coal Dist 5

(b) (6) I Mine![(~]
b
}

Date

(b) (6) ~:::J

Recommendation- 103(i) spot inspections should be tailorig to the reason the mine was placed in 103(i) status. This includes an examination of at least one ty.rea particular to that type of inspection, such as permissibility on one or more pieces of equipment on a section or in a return air course, i.e. check calibration of methane monitors, inspect trailing cables for ignition source, permissibility offace equipment such as the continuous mining machine, roof bolting machine, or a inspect permissible pump in a return. Reference- CMS&H Memo No. HQ-07-083-A (SEC-103).

79.

Citations, orders, and safeguards issued during previous two quarters

Adequate

D

Inadequate

00

Not Applicable

D

Comments Below

There were at least 10 instances where the evaluation of gravity, negligence, or the level of enforcement did not appear commensurate with the type of violation issued or the narrative of the citation. These citations are included in Attachment B of this report. Questioned evaluations are shaded. During the period from October 01,2008 through August 18,2009, there were 192 modifications of citations/ orders, 30 that were vacated, and 14 that were extended 4 or more times.

Recommendation - The district should provide additional instruction to field personnel regarding the proper evaluation of citations and orders for the level of enforcement, gravity, negligence, and the number of persons affected. Reference - Citation and Order Writing Handbook for Coal Mines and Metal and NonMetal Mines (PHOB-1-1), Chapter 4

80. Adequate

Determine if 104(d) tracking system is in place at the office being audited, and is being kept up to date

00

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

15

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

Mine ID

(b) (6) ~

=:J

Date

-

(b) (6)

::J

81. Adequate

Determine if all plans and documents in the Uniform Mine File are legible, and up to date

[RJ

Inadequate

D

Not Applicable

D

Comments Below

82. Adequate

Determine if all applicable plan reviews were performed within six months, or within the timeframes required

00

Inadequate

D

Not Applicable

D

Comments Below

The supplements for the Buchanan mine were reviewed and approved in a timely manner.

85. Adequate

Determine if miners are adequately trained in the provisions of any new plan prior to its implementation

00

Inadequate

D

Not Applicable

D

Comments Below

Onsite interviews with miners indicated they were very familiar with the provisions of approved plans.

86.

Determine if Standard Operating Procedures (SOPs) adequately address requirements of MSHA Program Policy Manual

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

92. Adequate

Determine if a copy of the most recent plan is provided for inclusion in the Uniform Mine File

[KJ

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

16

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

Mine ID

(b) (6)

Date

(b) (6)

110. Adequate

Determine if the overall design of the mine plan was assessed to avoid future problems Inadequate

D

Not Applicable

D

Comments Below

114. Adequate

Determine if spreadsheets and/ or databases provided for tracking of mine visits by supervisors and managers is kept up to date

[RJ

Inadequate

D

Not Applicable

D

Comments Below

115. Adequate

Evaluate the effectiveness of management's support of, and communication with, inspectors and specialists

[RJ

Inadequate

D

Not Applicable

D

Comments Below

Highly commendable level of communication between field office inspectors, supervisors, both ADMs, and the District Manager.

119. Adequate

Determine if adequate close-out conferences are being conducted at the end of each inspection.

[KJ

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

17

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA MineiD

District

I

Coal Dist 5

(b) (6)

Date

(b) (6) ~

=:J

Mine Citation/Order

U.S.Deoa~entoflabor

Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)
8. Condition or Practice

(b) (6) (b) (6)
(Contractor) 1

ea. Written Nolic:e (103g) COMBUSTIBLE MATERIAL CONSISTING OF A CALIBRATION GAS/AIR KIT A MIXTURE OF 2.5% METHANE, PAPER, CARD BOARD BOXES, PLASTIC AND A 10/5 POWER CABLE IS BEING STORED ON THE 001-0 MMU SECTION ENERGIZED POWER CENTER S/N 12856.

See Conllnuaton Fcxm (MSHA. Fonn 7~)

U

8. Section of Act

C. Part/Section of Totle30CFR

75.400

No Likelihood

Il

Unlikely ~

Reasonably Ukely

0

Higlll)lllkely

0
001
Wrltlen Notice [J

C. Significant and Substantial: 11. Negligence (c:hec:k one) 12. Type of Action

Yes

lJ

No ~

D. Number of Persans All"ecled:

A. None

0

B. low

0

c. Moderate
CJ

~j

D.High

0
Older 0

E. Redden DISnlgatd r

104(a)

13. Type of Issuance (c::lleek one)

Citation ~

14. Initial Action A. Citation [ ' B. Order [ l C. Safeguanf
15. Area or Equipment

U

D. Written Notice

E. Cllalionl Order Number

Mo

oa

Yr

18. Termination Due

~H~T~~~

I

A. Dal

' (b) (6)

3'

Yr

I rune
B.

(24 Hr. Clodc)

-

(b) (6)

11.ActiontoTermtnata THE COMBUSTIBLE MATERIAL HAS BEEN REMOVED FROM THE POWER CENTER ALSO CONDITION DISCUSSED WITH MANAGEMENT. 18. Terminated A.

LL--------------------------------

I

I Date~~~~~~~~r
(b) (6) (b) (6) (b) (6)

Ia Time (24 Hr. CIOc:k
(b) (6)

Sedlon tV-Automated Syltem Dala

(lclivity code)

~
~

-

(b) (6)

(b) (6)

MSHA Fonn 7000-3, ,.,08 (reviMd) In 8CC0111ancewilll IIIII provilianl altlle Sm8Q Busine$a Regulalaly enron:ement FeimessAclof 1998. tiMI Small Buttnaa - l i o n MS estallllslled a National Small Bualness and Aglicullure RegulaiOiy Ol'lllludaiNII and to Regional Fa,_ Bo8111slo receille commencs hom smaH bulirlella ~-agency entortement actions. The Ombudslll8n ~ -~ ent'orcemenlllCIMiiea end tale$ each agency'818Sp011Sivenen to amal lluliness. Uyou wiSh to comrnetlt on 1he

ac:tionsofMSHA. youmaycaH t-888-REG-FAIR (1-888-734-324n. or .wile lheOtnbudSmanatSmaD BusiftesaAdmlnislnllion. Officeollhe National Ombudsman. 400 3111 Strwe!. SW MC 2120. Washington. DC 20416. PI- nole. ~. tlla1 ~ ng11t lo file a comment willllhe Ombuclslnan is In additiOn to any Giller llahta you may Mllll, incllldlng lhe rigt1l to contest c:ilallons and proposed penalliea and obl8ln a healing belole 1lle Federal Mine Safety and Health Review Corrmillion.

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office L-........:..N.;..:o....;.rt.;.;:.o_n,'-V_A _

District

I

Coal Dist 5

___,I

Mine ID

(b) (6) ~ ::J

Date

(b) (6) ~

Mine Citation/Order

U.S. Deoartment of Labor

Mine Safety and Health Administration

(b) (6) (b) (6)
B. C.:OnCIItiOn or Practice

(b) (6) (b) (6)

(b) (6)

(Contrador) 8a. Written Notice (1 03g)

THE 001-0 SECTION STAMLER FEEDER WAS NOT ADEQUATELY GUARDED SUFFICIENT TO PREVENT A PERSON FROM BEING CAUGHT BY MOVING PARTS AND BEING INJURED. AN AREA UNDERNEATH THE TOP LID WITHIN 6 INCHES WAS OBSERVED AT THE HEAD ROLLER SHAFT LOCATED ON THE DUMP END AND ON THE TRAVELWAY SIDE. THE BEARING AND SHAFT IS OUT 2 INCHES FROM THE FRAME WITH THE DIAMETER 6 INCHES AND 4 INCHES RESPECTIVELY. AN OPENING( SLOT) APPROXIMATELY THE SIZE OF THE FINGER IS AROUND THE BEARING AND FRAME WHICH PRESENTS A HAZARD IF ONE ACCIDENTALLY MADE CONTACT WITH THEIR HAND.

See Continuation Fonn (MSHA Fonn 7CJOO.,'Sa)

lJ

9. Violation

B. Section of Act

C. PartiSec:tion of Title 30CFR

75.1722(a)

No Likelihood

0

Unlikely

0

Reasonably Likely

[1lJ

Highly Likely

0

Occ;urred

No Lost Workdays
Yes ~
11. Negligence (c:heck ona) A. None

LJ

Lost Workdays Or Restricted Duty ~

Permanently Disabling

C

Fatal

D

No [] B. Low [J

D. Number of Persons Affecii!Jd:

001

0

c. Moderate

~

D. High

c:1

E. Reckless Disregard

0
Mo

12. Type of Action

I 04(a}

13. Type of Issuance (check ona)

14. Initial Action Citation fi B. Order [J C. Safeguard

A.

r

D. Written Nolice

0

E. Citation/ Order Number

Da Yr

15. Area or Equipment

16. Termination Due

lA. D.............._vr _ .... . _ (b) (6)

IB. rune (24 Hr. Clock)

17. Action to Terminata

-

(b) (6)

18. Terminated .

IA.

Da'...

Mo Da Yr

I_e.

Time (24 Hr. Clock

19.
(activity

(b) (6) (b) (6)

(b) (6) ~

MSHA Fonn 7000-3, AfJ1 ae (revised) In ~with lhe pmviSions ot lhe Smal Business Regufaloly Enloreement Fairness Act of 19911, lhe Small Businets Administration 118$ established a NaUonal Small Buaineta and Agposed penaltlea and oblafn a hearin9 beiiXe the FedenJI Mine satety and Health Review COir.miSsion.

Attachment B.

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office '-----'-N....:o-'-rt:..:.o--'n,'-V_A-'--__,1 Mine ID

District

Coal Dist 5

c=- ~
(b) (6)

Date

- (b) (6)

Mine Citation/Order

U.S. Department of Labor Mine Safety and Health Administration

(b) (6) (b) (6)
8. Condition or Pradice

(b) (6) (b) (6)

(b) (6)

(Contrador) Sa. Written Notice (103g) I

LOOSE WET COAL FINES HAS ACCUMULATED UNDERNEATH THE N0.4 BELT TAKE-UP, MEASUREMENTS TAKEN WERE 6' IN LENGTH, 4' IN WIDTH AND 18" IN DEPTH. ALSO THE CONVEYOR BELT IS BEGINNING MAKE CONTACT WITH THE MATERIAL.

See ContinuatiOn Fonn (MSHA Fonn 71100-38)

[J

B. Section of Ad

C. Part/Seclion of
Tltle30CFR

75.400

No Ukelihoocl

fJ

Unlikely ~

Reasonably likely

CJ
0

Highly Likely

fl

OCCurred

No Lost Workdays ~

Lost Workdays Or Restrided Duty

Petmanently Disabling

G

Fetal []

C. Slgntftcant and Substantial:
11. Negligeooe (<:heck one) 12. Type of Adion 14. Initial Action A. Citation 0

Yes
A. None

D. Number of PeJSOns Affectad:

001

U

B. Low [.J

c. Moderate

~

D. High

0
Order 0

E. Reckless Disregard

0
MoDa Yr

I04(a)
B. Order

13. Type of Issuance (chec:k one) C. Safeguard

Citation ~

Safeguald 0

Written Notiee [!

L.J

U

D. Written NoUce

U

E. Citationl Order Number

F. Dated

15. Area or Equipment

16. Tennlnauon Due

Seclionlll-TerminationActlon

I IllL----L------------..J...---------------I I
A. Date

(b) (6)

Yr

B. T1me (24 Hr. Clock)

- (b)

(6)

17. Adlon to Tetminate

18. Tenninaled A. ,.__._ • ..,.....

I

IIIIo Oa Yr

I rme
B.

(24 Hr. Clock

20. Event Number

(b) (6) (b) (6)

(b) (6)

MSHA Fonn 700().3, .fop( 08 (leV!Ied) In~ willl the prOYisocna of the Smallllusinela Regutmv Enlclcement Faimelll Ad of 1998, the Small Busir.ess Administration hall estaiJIIshed a National SmaH Businesl and Agriculture RegutaiD!y Ombudsman and 10 Regional Fai...a Boarda 10 receive commenllll'rom small busNsses about fedenll agency enfolcement 8Ciions. The Qmbudsman annually evaluates fliii'OI-11 activltlas 1n1 I8IH each II(IIIIC¥'S respal!llvene3a 10 small businna. ryou wish to ClOIII1II8III on the enloR:tmenl ac11ons of MSHA. you may cali1-888-REG.fAIR (1-888-734-3247), or write the Ombudsman at Small Business Admlni51Ja1lon, Oftlce of the National Ombudsman, 409 3111 Slreel. SW MC 2120, W8slllngtOn. DC 204111. Please note, hoWeVer. lhat your right to ftle a comment with the Ombudsman IS in addition 10 any 0!11111 rlghls you may have. inCluding the rigid 10 contest cilations and pJOPOSed penalliea an6 oblain a hearing before the Federal Mine Safely and HeaiUI Review Commission.

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office .______:_N.;,:o..:..rt;;,::,o;;.:;n,'-V.:...:A;.:,___,I Mine ID

. District

Coal Dist 5

(b) (6) ~ ::J

Date

(b) (6) ~

Mine Citation/Order

U.S. Department of Labor Mine Safety and Health Administration

(b) (6) (b) (6)

(b) (6) (b) (6)

(b) (6)

THE LIFE LINE INSTALLED IN THE SECONDARY ESCAPEWAY FOR THE 001-0 WORKING SECTION WAS NOT BEING MAINTAINED THROUGHOUT THE MINE. THE LIFE WAS APPROXIMATELY 270 FEET OUTBY THE 001-0 MMU LOADING POINT.

see Continuation Farm (MSHA Farm 70Q0.3a) D
9. Violation
B. Section of Act

c. Part/Section of
Tolle30CFR

75 .380(d)(7)(i)

No UkeUhood

0
No

Unlikely

M

Reasonably Ukely

0

Highly Ukely

Lost Wolf
F. D8llld

0

0

C. s.fleguard

0

D. Wrilllln Notice

0

15.Aiwar~

18. Tennln8llonDua

~~T~~
17. ActionloTIIII'Ifnllll

IA.o.MII (b) (6)
(b) (6)

ls.T-(24Hr. Ciodl)

- (b) (6)

~----------------------~----------------------------THE CONDITION/PRACTICE AND REQUIREMENTS WERE DISCUSSED WITH
a. nne (24 Hr. Clock

I

MANAGEMENT.

(b) (6)

-

(b) (6)

(b) (6) (b) (6)

Attachment C

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office .___N...:...or-'-to"-n-'-,_VA--'--___.1 Mine ID

District

I

Coal Dist 5

(b) (6) ~

::J

Date

-

(b) (6)

Selected Enforcement Actions with Questionable Evaluations

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)
The 4/0 cable supplying 480 volt power to the Stamler Feeder (S.N.136537) did not enter an electric compartment through proper fittings. When checked the cable has been pulled out of the fitting where it enters the main control panel. The cable has been pulled out 2 and 1/2 inches exposing the insulated leads. The feeder is located on the active 001-0 MMU.

(b) (6)
There is not a visible warning device to show the end of permanent roof support in #f3 heading on the active but is not 001-0 MMU. The bolter is in this

30CFR

(b) (6)

There were accumulations of combustible material in the form of oil soaked coal and coal dust present on the Co. #3 S&R Scoop ( S.N. 486-1035 ). The accumulations were located by the main control panel and the pump motor compartment. The accumulations measured from 3 to 10 inches deep, 36 inches wide, and 39 inches all measurements were taken with a standard rule The accumulations are black in color.

(b) (6)

30CFR

There were accumulations of combustible material present on the Highland Machinery 10SC Co.#3 ( S.N. 1021-08-1003) Shuttle Car. The accumulations were in the form of oil soaked loose coal and coal dust. The accumulations were located in the pump motor compartment. The accumulations measured 30 inches long, 5 inches deep, and 18 inches wide (all measurements taken with a standard rule). The accumulations were black in color.

ATTACHMENT C

29

Attachment C

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Norton, VA

District

I

Coal Dist 5

I

(b) (6) Mine ID ~

Date

(b) (6)

Selected Enforcement Actions with Questionable Evaluations

(b) (6)
A BAR FOR TAKING DOWN LOOSE MATERIAL WAS NOT PRESENT IN THE WORKING PLACE OR PROVIDED FOR THE N0.2 FLETCHER DRILL S/N 2004039 BEING USED ON THE 001-0 ACTIVE SECTION.

(b) (6)

THE ENERGIZED 480 VOLT TRAILING CABLE SUPPLYING POWER TO THE 001-0 SECTION FEEDER WAS NOTPROTECTED TO PREVENT DAMAGE BY MOBILE EQUIPMENT. EVIDENCE OF RUBBER TIRE MARKS AND DEPRESSION IN THE MINE FLOOR INDICATED THE CABLE HAD BEEN RUN OVER FOR A DISTANCE OF 83 INCHES LOCATED ON THE RIGHT INBY RIB ADJACENT TO THE NO.5 BELT CONVEYOR AND ONE X-CUT OUTBY THE FEEDER. THE TIRE MARKS APPEARS TO BE FROM A BATTER POWER 3-WHEELER.

(b) (6)

THE APPROVED MONITOR SYSTEM WAS NOT BEING MAINTAINED AS DESIGNED. THE ENERGIZED 995 VOLT CABLE COUPLER SUPPLYING POWER TO THE NO. 1 CONTINUOUS MINER BEING USED ON THE 001-0 ACTIVE SECTION WAS NOT PROPERLY GROUNDED. THE EXTERNAL FRAME GROUND WAS NOT PROPERLY SECURED TO THE CAT HEAD, THE GROUND WAS VERY LOOSE. THE WIRELESS MONITORING SYSTEM REQUIRES THAT THE CAT HEAD BE GROUNDED WHILE IN MINE FLOOR IS DAMP TO WET AT THI ON.

(b) (6)

AITACHMENT C

30

U.S. Department of Labor

Mine Safety and Health Administration 11 00 Wilson Boulevard Arlington, Virginia 22209-3939

JAN 2 7 2010
MEMORANDUM FOR MICHAEL A. DAVIS Deputy Assistant Secretary for Operations Mine Safety and Health Administration THROUGH: PETERJ.MONTALI Q.Q.~ Acting Director of Ace~~ for Mine Safety and Health Administration ARLIE A. WEBB~~~~ Accountability Specialist
jERRY Accountability Specialist

FROM:

KISSELL~~~ f'~

SUBJECT:

a • MSHA Office of Accountability A 11d (b)(6) MNMField Offic (b)(6)

a

..

•

I

District

Introduction

This memorandum summarizes the Office of Accountability audit of the subject mines and field office. Audit subjects included MSHA supervisory and managerial oversight, M.SHA field activities, level of enforcement, Field Activity Reviews (PARs), Accompanied Activities,.mine plans, audit was conducted during the week (b)(6) by Arlie A. Webb and Jerry Kissell. Positive findings and issues requiring attention are · included in this audit report. · "· Overview The accountability specialists traveled to the Sta~ia Field Office. Jerry (b)(6) .!.. countability Specialist, traveled to th~ (b)(6) (b)(6) Accompanying the
a. •

...

(b)(6)

(b)(6) (b)(6)

(b)(6)

(b)(6)

t raveled to the enforcement activities, supervisory nu.,,..,,,O'

You can now file your MSHA forms online at www.MSHA.gov. It's easy, it's fast, and it saves you money!

Areas of the mine examined during this audit included mine office, mine record books, maps and other required postings, pits, highwalls, highwall drill, front end loaders, excavators, haul trucks, haul roads, company pick-up trucks, berms, substations and electrjcal installations, fuel storage, and the shop/ supply area. I~pection activities also covered the plant, including breakers, sizing screens, crushers, surface conveyor belts and elevated conveyor belts.
S&S Rate Comparison

Overall, the S&S rate for the Staunton field office and the North East District as a whole were lower than the national average.

28.0% However, enforcement actions taken at the subject quarry during this audit appeared consistent with national policy and appeared appropriate.
Time and Activity Comparison

Time distribution is generally good. Consideration should be given to issuing citations and orders while on-site (as discussed later in this report) to increase inspector on-site time and provide a greater degree of protection to the miners. Surface Facilities - E01 Inspections Other Total Citations Citations Total Travel Time Time On-Site Written Written Percent On-Site Off-Site 24.63 11.16 57.70 0.51 6.50 100.00 25.36 7.52 62.10 0.64 5.01 100.00 Surface Mines - E01 Inspections Other Total Citations Citations Total Travel Time Time On-Site Written Written Percent On-Site Off-Site 22.74 12.01 60.84 2.11 4.40 100.00 25.33 11.54 59.57 1.83 3.56 100.00

% inFY2008 % inFY2009

% inFY2008 % inFY2009

2

%in FY 2008 % inFY2009

Underground Mines - E01 Inspections Other Travel Total Citations Citations Total Time On-Site Written Written Percent Time On-Site Off-Site 8.44 0.71 26.37 62.06 3.13 100.00 9.50 23.39 62.62 0.74 4.49 100.00

Audit Results The audit revealed positive findings in several categories, including the following: 1. Inspection work during the audit was highly commendable regarding on-site activities and determination of gravity, S&S, number of persons affected, and the proper use of enforcement tools during the accountability audit. 2. Field Office Supervisors, district supervisors and managers are conducting mine visits on a regular basis. 3. The documentation for Field Activity Reviews, Accompanied Activities, and Second Level Reviews was excellent. Comments containing positive reinforcement as well as areas needing improvement were included in almost all reviews. The audit also revealed issues in several categories that require corrective actions, including the following: 1. Conditions observed and citations issued during this audit indicate that highwall ground conditions and open pit mining methods that addressed compliance with maintaining safe been addressed in (b)(6) previous ech support visited the mine the week (b)(6) evaluate conditions and provide assistance to the field office for this mine site. (See Item 37) 2. Inspections appear not to be thorough or complete. During the previous 6 regular inspections, a total of 12 citations were issued. During the audit, there were 11 citations and two 104(d)'s issued. (See item# 27, 37) 3. Evaluations of the gravity and negligence during previous inspections did not appear commensurate with the type of violations cited. (See attachment E) 4. Truck weigh scales, where drop off potentials existed, were not compliant with mid-axle height guarding requirements. This was an accepted practice as slow travel and tire rub protection was the accepted protective measures. M/ NM has sent out a power point to all district regarding this issue and the requirements for elevated scales where a drop-off exists that could result in an accident involving over-travel and overturned vehicle. 3

The attached checklist addresses the findings of the audit. Positive issues as well as issues requiring action are covered in detail in the checklist.

Attachments:
A.

B.
1.
2. 3. 4. 5. 6. 7. 8.

Audit Checklist Citations issued during the
(b)(6)

(b)(6)

56.3200 56.7013 56.11001 56.3131 56.3130 56.3401 56.11002 56.1101

1.c.
2.
(b)(6)

Citations issued

a~
(b)(6)

3. 4.
5.

6.
7. 8.

9.
10.

11.
12. 13.

56.3130 56.3130 56.3130 56.3130 56.14100b 56.14132a 56.14100b 56.4201b 56.14110 56.14107a 56.11002 56.14100a 56.18002a
(b)(6)

D. Photos taken during this a u d i t : E. Previous Citations Review

4

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District North East District

b~~!

s~=

I Mine ID

c(b)(6)

1.
Adequate

Evaluate supervisory review of inspection reports and documentation for accuracy and completeness.

D

Inadequate

[KJ

Not Applicable

D

Comments Below

Citations issued do not appear to be appropriately issued regarding negligence and gravity. See Attachment E

2.
Adequate

Determine if supervisors address report deficiencies immediately

D

Inadequate

[KJ

Not Applicable

D

Comments Below

See Attachment E

3. Adequate

Determine if supervisors are visiting mines.

[KJ

Inadequate

D

Not Applicable

D

Comments Below

Supervisor travels with inspectors completing AA's/FAR's and this provides opportunity to observe mine conditions and meet with mine manager~/ operators.

4.

Evaluate the quality of.Field Activity Review reports (FARs)

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

All Field Activity Reviews and Second Level Reviews were completed and were well documented. Feedback to inspectors from supervisors was excellent, and contained both positive reinforcement comments as well as documentation of areas where improvement was needed.

ATI'ACHMENT A

5

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District North East District Field Office Staunton, Virginia

(b)(6) Mine~

Determine if supervisors/ managers are identifying and addressing 5. performance or behavior based issues during and after accompanied ijpeftions are conducted Not Applicable Comments Below Adequate X Inadequate

D

D

6.
Adequate

Evaluate the quality of Accompanied Inspections

[KJ

Inadequate

D

Not Applicable

D

Comments Below

Documentation in FAR's! AA's identifies quality field time spent with inspectors at · mine sites. '

8. Adequate

Determine if Assistant District Manager is holding supervisor accountable for FAR's, and accompanied activities.

[K]

Inadequate

D

Not Applicable

D

Comments Below

Feedback from (b)(6) FAR's and AA's to supervisors was excellent, and contained both positive remtorcement comments as well as documentation on items where the have needed to review more

12.

Evaluate supervisory and management review of 103(i) (spot inspection) tracking system for compliance with time frames

Adequate_

D

Inadequate

D

Not Applicable

[KJ

Comments Below

14. Adequate

Deterrry.ne if supervisors, staff assistants, and other management personnel are reviewing work products for accuracy and completeness

D

Inadequate

[KJ

Not Applicable

D

Comments Below

See attachment E
ATTACHMENT A

6

Unites Department of Labor Mine Safety and Health Administration Office of Accountability

(b)(6)
District NorthEast District Field Office Staunton, Virginia MineiD Date

(b)(6)

15. Adequate

Determine if supervisors are monitoring inspector time and activity documentation to ensure proper use of time by inspector []] Inadequate

D

Not Applicable

D

Comments Below

17. Adequate

Determine if supervisors are using the Performance Management System to hold inspectors accountable for properly evaluating gravity and negligence, termination due dates, and timely termination of citations

D

Inadequate []]

Not Applicable

D

Comments Below

See Attachment E

18. Adequate

Determine if supervisors are adequately evaluating the level of enforcement.

D.

Inadequate

[KJ

Not Applicable

D

Comments Below 181

Only documentation for the FAR's indicate visits to mining operations. No other documentation is available at the field office. A review of the citations issued during previous inspection reveals questionable gravity and negligence. (See Attachment E)

19.

Determine if District Manager is monitoring the ACRI program and using the Performance Management System to ensure that CLRs justify changes Adequate Inadequate Not Applicable Comments Below 18)

D

D

D

Not reviewed during this audit due to time restraints.

21.

Determine if second level reviews and Peer Reviews are used to assess supervisory review of enforcement actions

Ad-:quate

D

Inadequate

D

Not Applicable

D

Comments Below .181

District peer reviews were not reviewed during this audit, second level review feedback was noted in the FAR's and AA' s reviewed at the field office (See item #8)

ATTACHMENT A

7

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton, Virginia

I Mine ID
.

L-

(b)(6) ~

Date

~I
(b)(6)

23.
Adequate

Evaluate inspector/ specialist knowledge of documentation required and process for completing PKW Forms.

D

Inadequate

D

Not Applicable

D

Comments Below 181
(b)(6)

During (b)(6) visit the inspector issued 104d citation and completed the PKW form. The packet was not reviewed by the auditor due to when it was the

24.

Evaluate the district's process for performing Possible Knowing/Willful (PKW) reviews and initiating or denying special investigations

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below 181

Auditors did not have time to evaluate during this audit.

26.
Adequate

Determine if managers and supervisors are using required "standardized reports" to review critical data relevant to inspections and investigations

0

Inadequate

D

Not Applicable

D

Comments Below

District utilizes the Key Indicator monthly reports.

27.

Determine if complete and thorough inspections are being conducted and adequately documented ·

Adequate

D

Inadequate

0

Not Appli~able

D

Comments Below

Open pit maintenance and mining methods were not noted in previous inspection notes (b)(6) (See Item 37). Past six E-01 inspections a~ 1ad a total of twelve citations issued including two of the six regular inspections revealing zero citations. During the accountability audit inspection there were thirteen issuances including two orders.

ATTACHMENT A

8

Unites Deparbnent of Labor Mine Safety and Health Administration Office of Accountability

(b)(6)

District

.

L_N_:o:..::rth~E:..:..as_t--' District

Field Office

_s....;.ta.::.un=to:..:..n,_ Virginia '-

_.l.

Mine ID

J

(b)(6)
Date

28.
Adequate

Determine if inspection notes support the inspector's assertion that the mine was inspected in its entirety, including health sampling

D

Inadequate

[KI

Not Applicable .

D

Comments Below

The inspectors documented all areas inspected during the audit. Previous inspections failed to indicate some equipment inspections and areas of the open pit being inspected (both mine sites).

29.

Determine that the inspector spent sufficient time on off-shifts and on weekends Not Applicable Comments Below 181 Adequate Inadequate

D

D

D

(b)(6)

Inspection was opened on the off shift. Three different crews start at 3 different start times the to the noon hour 11:00 .m.

30.

Determine if all mine records, postings, and other required materials are examined during the inspection Inadequate Not Applicable Comments Below 181 Adequate

D

D

D

Bulletin boards were readily visible with required documents and emergency phone #' s, etc. Records were not reviewed while the audit team was at the mine site other than equipment pre-ops and a few work place exam documents.

31.

Determine if all provisions of the MINER Act (Affecting MNM) are evaluated during the inspection Adequate [K] Inadequate Not Applicable Comments Below

0

D

32.

Determine if the amount of time expended on each inspection activity and area of the mine is sufficient to accomplish inspection goals

Adequate

[K]

Inadequate

0

Not Applicable

D

Comments Below

ATIACHMENT A

9

Unites Department of Labor Mine Safety and Health Administration. Office of Accountability District . North East District Field Office

(b)(6)
.___s_ta=un""t=o=n,_ _ Virginia

(b)(6)
Date

_.l.

Mine ID

33. Adequate

Evaluate each citation/ order for inspector's determination of gravity, negligence, number of persons affected, and the level of enforcement

D

Inadequate

[KJ

Not Applicable

D

Comments Below

[8j

Citations reviewed during the audit and from previous inspections indicate accurate evaluations, however several citations appear to need more accurate detail in the bodyI condition to support the gravity, injury, or likelihood. (See Attachment B, Attachment E)

34.

Accompany and evaluate inspector's imminent danger run

Adequate

D

Inadequate

0

Not Applicable

0

Comments Below

35 .

Check adequacy of work place examinations/ pre-oper~tional examinations

Adequate.

0

Inadequate

0

Not Applicable

D

Comments Below

The mine operator's evaluations for stable ground appeared to be in question, citation #
(b)(6) ~as issued for inadequate examinations for loose ground where the operator .

had evaluated as good conditions. These conditions were proven _ nstable when tested u with the appropriate equipment.

36.

Evaluate inspector's observation ofground conditions

Adequate

[RJ

Inadequate

0

Not Applicable
(b)(6)

D

Comments Below

ATTACHMENT A

10

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District North East District Field Office

(b)(6)

(b)(6)
Date

37.
(b)(6)

Evaluate conditions of working areas and observe work cycle

D

Inadequate

[KJ

Not Applicable

D

Comments Below

. Pit highwalls were not maintainable with current mining techniques, or equipment at the mine. Conditions and practices appear to have not been addressed in past inspections. Plant areas had material build up on equipment that appear to create falling material here persons may work or travel on foot. (b)(6) The most recent round of blasting had resulted in unstable conditions at several highwalls. The current inspector correctly cited the violations.

39. Adequate

Determine adequacy of training plan subjects. (interview miners)

0

Inadequate

D

Not Applicable

D

Comments Below

Interviews with miners indicated they are properly trained in training plan requirements and hazard recognition. Observations made during the audit indicate that miners are safety conscious and well trained.

45.

Evaluate condition and maintenance on conveyor belts, structures, and guarding Adequate Inadequate Not Applicable Comments Below

D

0

D

At both operations visited, there were areas on overhead belt conveyor structure where a build up of material could potentially present a falling material hazard. These conditions were cited and discussed with mine operators.
(b)(6) (b)(6)

Re erence- 30 CFR,

56.14110,~

56.11001, (Cita

46. Adequate

Evaluate fire valves and hoses

[KJ

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

11

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District North East District Field Office Staunton, Virginia

MineiD

(b)(6)

(b)(6)
Date

49. Adequate

Evaluate cleanup of accumulations/housekeeping

D

Inadequate

I]]

Not Applicable

D

Comments Below

See # 45 above

51. Adequate

Examine mine bulletin board and evaluate adequacy of all required postings

[KJ

Inadequate

D

Not Applicable

D

Comments Below

52. Adequate

Interview responsible person(s) and evaluate knowledge of emergency response, evacuation procedures, and fire fighting processes and first aid (Person in charge)

[KJ

Inadequate

D

Not Applicable

D

Comments Below

The mine foreman and a lead miner interviewed demonstrated excellent knowledge in the companies emergency procedure plan.

54. Adequate

Determine if districts are conducting sufficient, in-depth Peer Reviews

D

Inadequate

D

Not Applicable

D

Comments Below ~

Not reviewed during this audit Determine if MSHA headquarters is conducting sufficient, in-depth Peer Reviews Inadequate X Not Applicable . Comments Below ~

55. Adequate

The last audit conducted by HQ in the NE district was in 2003. HQ audits were conducted in the SC and RM districts in 2009.

56.

Determine if Peer Reviews identify root causes of deficiencies, corrective actions, set time lines for corrections, and identify a method for accurately measuring the success or failure of corrective actions.

ATTACHMENT A

12

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton, Virginia

I
_

(b)(6)
Mine ID Date

(b)(6)

Adequate

Inadequate

Not Applicable

Comments Below ~

Not reviewed during this audit

60.

Evaluate training plan after discussion with miners

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below 181

Interviews with miners indicate the training is compliant and understood by the miners interviewed. The part 46 training plan was not reviewed during the audit due to time constraints.

62.

Evaluate the two most current completed E01 (regular) inspection reports' (two quarters) Not Applicable

D

Comments Below

(b)(6)

A review of the most recent EOl the mining process in the pit was not seen as an issue as field notes did not indicate highwal~, or safety benches being observed (b)(6) (b)(6) (eve~ The next E01 ( e v e n - iid indicate separate levels of the pit being inspected and again no issues with mining practices, the highwalls, or benches being documented. (Refer back to Item #32) The Inspection reports appear to provide documentation supporting complete inspections, however the highwall conditions observed by the audit team indicate a need to better evaluate ground conditions and highwall safety.
...u,._a •..:;....

(b)(6)

A review of the two most recent E01 inspection reports indicated an inconsistent level of enforcement. Inspection eveJIIIIIIIII resulted in the issuance of 8 citations, all of which were well documented. The inspection report indicated a thorough inspection of the entire operation.
(b)(6)

Inspec~on e v e n - resulted in the issuance of only 1 citation. Although the single
(b)(6)

citation that was issued was well documented, the inspection report itself did not include sufficient documentation to indicate: 1) mining practices were observed in each of the 4 pits; 2) work practices were observed in either of the two plants operating nnc:1+o· and the results for trucks and
A'ITACHMENT A

13

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District North East District Field Office Staunton, Virginia MineiD (b)(6) Date (b)(6)

Reference - PH09-IV-1, Metal and Nonmetal General inspections Procedures Han4book

65. Adequate

Determine if 104(d) tracking system is in place at the office being audited, and is being kept up to date

[RJ

Inadequate

D

Not Applicable

D

Comments Below

I
I

Maintained by district and viewed weekly by supervisors.

j

I
I

66. Adequate

Determine if mine files are legible, and up to date

[RJ

Inadequate

D

Not Applicable

D

Comments Below

The files reviewed for adequate, not all files were reviewed due to time constraints.

67. Adequate
(b)(6)

Determine if miners are adequately trained in the provisions of any new conditions/ chan~es/ equipment at the mine.

D

Inadequate

D

Not Applicable

D

Comments Below 181

Interviews with miners indicate they are well trained prior to documents. Did not review

72.
Adequate

Evaluate the effectiveness of management's support of, and communication with, inspectors and specialists

[KJ

Inadequate

D

Not Applicable

D

Comments Below

ATIACHMENT A

14

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District North East District Field Office Staunton, Virginia MineiD

(b)(6)

Date

(b)(6)

73. Adequate

Review documentation of staff meetings/ safety meetings to determine their effectiveness and relevance to the Agency's mission and current issues

[I]

Inadequate

D

Not Applicable

D

Comments Below

Notes from several staff meetings were reviewed. Notes indicate that current issues and policies are regularly discussed.

74. Adequate

Are MSHA Forms 7000-1 accurately reviewed for proper information and potential violations, unsafe practices, or conditions?

[I]

Inadequate

D

Not Applicable

D

Comments Below

75. Adequate

Determine if inspectors have sufficient equipment and supplies to conduct thorough inspections.

I]]

Inadequate

D

Not Applicable

D

Comments Below

76. Adequate

Determine if adequate close-out conferences are being conducted at the end of each inspection.

I]]

Inadequate

D

Not Applicable

D

Comments Below

Documentation in previous inspection reports and the observed daily close-outs conducted by the inspectors indicate close-out procedures are being conducted per policy and procedures.

Determine if E01 inspections at surface mines includes an 77. observation/ evaluation of blast hole drilling, loading, and blasting o"Qerations. Adequate Inadequate Not Applicable Comments Below 181

D

D

D

ATTACHMENT A

15

---------

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District L_N_o_rth_Eas_t___, _ District

Field Office

Staunton, Virginia

I
.

Mine ID

(b)(6)

I

(b)(6)
Date

The drilling process was observed and citation(b)(6) n"t"rV'<>C>C! was not observed the auditor,

was issued. The blast and

78.

Determine if manpower at the field office is sufficient to ensure adequate, complete inspections, investigations, and other activities.

Adequate

CKJ

Inadequate

D

Not Applicable

0

Comments Below

ATTACHMENT A

16

Unites Department of Labor Mine Safety and Health Administration . Office of Accountability

(b)(6)
District NorthEast District Field Office Staunton,
Virginia

(b)(6)
Date

MineiD

Mine Citation/Order

u.s. Dulltment of Labor Mine Safety and Health Administration
(b)(6) (b)(6)
(Co~

(b)(6) (b)(6)

a. eoncs111on or PNCDC:e a.. wnaan Notice (103p) 0 A HAZARDOUS CONDITION WAS LOCATED ON THE SOUTH HIGH WALL ABOVE THE SUMP SHOT. TWO DRILLERS WERE WORKING UNDER THE HIGH WALL WITH LOOSE MATERIAL LOCATED ON THE WALL. THE DRILLERS WERE WORKING FROM A RANGE OF 30-12 FEET FROM THE BASE OF THE HIGH WALL. THE DRILL HOLES WOULD HAVE TO BE LOADED AND SHOT AFTER THE DRILLING WAS COMPLETED. FOREMAN BATES ENGAGED IN AGGRAVATED CONDUCT CONSTITUTING MORE THAN ORDINARY NEGLIGENT IN THAT HE EXAMINED THE HIGH WALL AND ALLOWED THE DRILLER TO WORK UNDER THE LOOSE MATERIAL WITHOUT TAKING THE MATERIAL DOWN. THIS VIOLATION IS A UNWARRANTABLE FAILURE TO COMPLY WITH A MANDATORY STANDARD. (PHOTO)

I
10. Gravlly.

c. T1111130CFR of l'llltiSection

56.3200

A lnjUIJ or 1.._ (Ia) (II):

No IJicellhood 0 No Loll
Wollulayl

Unllkaly

0

Occ:umld

0

B. lnJUIY or m- muld IO!!a!!!y be 8X1*IIId tD be:
C. Slgnilk:llnl•nd Su118t1n1181:

0 0 c. Moderlle 0
E. Cltdonf. Older Numller

A.

NoD
None

0

B. Low

D. ttig/1

i!ll

E. Redcl8u Dluwgard

0

12. TpofAI:IIen

104dl
B. Olll8r

13. Type of hlsu8nal (clledl one)

14. Jnilllll Adion
A Cbllon

0

0

C. s.flguard

0

D. Wtilllln Notice

0

F.D811d

15. ~or~·

16. Termln811onDut
17. Adlon tD Termlllldlt

~~T~~

IA.Dall- !a. Tlrntl(241fr. C~Dc*_) (b)(6)

-(b)(6)

~-----------------------------

I

(b)(6) (b)(6)

ATIACHMENT B

17

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton,
Virginia

MineiD

(b)(6)

Date

(b)(6)

Mine Citation/Order

(b)(6) (b)(6) (b)(6)

(b)(6)

·a.

(Conlrlelol)

DRILL HOLES WERE PRESENT ON THE SUMP LEVEL WITHOUT BEING GUARDED OR COVERED. 13 DRILL HOLES WERE PRESENT WITHOUT ANY PROTECTION. 5 DRILL HOLES WERE PRESENT WITH A HAZARD EXTENDING OUTSIDE OF THE CASING. . FAILURE TO GUARD OR COVER THE DRILL HOLES COULD LEAD TO A LOST WORKDAYS OR RESTRICTED DUTY ACCIDENT. (PHOTO)

I

I
10.GnMly. A. lnjwy or IIIMu (lias) (Is):

c. lllle30CFR of PllltiSeafon
~Likely

56.7013

No Lbllllood

0
0

Unlikely

lit!

0

Highly Ukely

0

Oc:alllllll

0
Fatal

B. fr4111Y or.._ could !O!!!!b!y be !II!!!C!!d to be:
C. Slgnlllcarrtand Subelanllll:

No LA* Worlcd8ys

LA* WGIIIdaya Or Reelricllld Duty ~

A. None

Y•O 0

I

Pemllnenlly Dileblng

0

0

D. Number of Perlonl Allllc:llcl:
E. RecldM8 Dilmglnl

001

B. LH

0

c. Moderate
0

[itl

D. Hlgll

0

0
MoO. Yr

12. Type of AciiDn

104a
8. Older

13. Type of lau8nce (chicle -1

14. 111&1 Action A. Citation 0

0

C. Sftguanl

0

D. Wrilllln Nlllice

E. Cltlllonl Order Number

F. DIIIIId

15. Araa ar Equipment

(b)(6)

8. Time (24 Hr. Clock)

(b)(6)

18. Tenni1alad,A. ........

• .......

MoDI Yr

I_a.

Time (24 Hr. Oock

19. Type cflftll*lion
(ICIIIvlly c:oclel

EO 1 .

120. Ewnt Number

-(b)(6)
12S.ARNirier - -

22. S~gM~uM·

(b)(6)

ATIACHMENT B

18

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton, Virginia MineiD

(b)(6)

Date

(b)(6)

Mine Cltalion/Order

Deoutment of Labor Mine Safety and Health Administration

u.s.

(b)(6) (b)(6) (b)(6)

(b)(6)

SAFE ACCESS WAS NOT PROVIDED UNDER THE BELT CONVEYORS. MATERIAL HAD BUILT UP ON THE STRUCTURE UNDER BClB, BC12, BC6, AND BC17. EMPLOYEES ACCESS THE AREA UNDER THE BELT CONVEYORS DAILY. THE MATERIAL RANGED FROM 15-30 FEET ABOVE GROUND LEVEL. THE MATERIAL HAD ACCUMULATED TO THE POINT THAT IT COULD CAUSE FATAL INJURIES IF IT WERE TO FALL ONTO AN EMPLOYEE WALKING UNDER THE BELT CONVEYORS.

I
10. GnMiy.
A. Injury 011111*1 (Ills) (il): B. InJury 01 illness cauld ,_ sonab!y be expec:!I!C! \o be:
C. Signlftcant and Sublllntlll:
No UUllhaOd

C. Part/Seellon Of Tdle30CFR

56.11001

d
0

Unlikely

0

~ LbiJ

till

Highly~

0
Filii till

No Laet Workdaya

lolt WOINfQa Or Rlll1rictld Duty

0

Yu

till

NoD
a.~o

I

Permenently DIUbling 0

D. Numberofi'MonaAIIilc:led:
E. ReckJeu DiaMpd

001

11. ~ (dlec* one)
12. Type of Action
14. Jnllill Adion

A. None 0

c. Modellll8 !ill '
0
E. Cilationl Older Number

D. High

0

0
MoDa Yr

104a

13. TypeOf..,_.(dlec*ane)

A. Citallon 0 B. Onllr 15. AIM or Equlpnwlt

0

C. Safeguard

0

F. Dllllld

D. Wrillllll Nollce

(b)(6) ~18~-~Tam~~~~~~~~~A.-~--~~~~~~~~~~~~-----'-B_.nme ~ H_~_~> (b)(6) _____ _____ s.c:aon .._
Tllmlnalion Acllan

IIIIIIII___ · ' - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

11. Acllon w Termlnme

18. TermlnlllediA. ,._ • --

MoDa Yr

I

B. "TiiM ~Hr. CIDck

(b)(6) (b)(6)

AITACHMENT B

19

Unites Department of Labor Mine Safety and Health Administration Office of Accountability
District

NorthEast District

Field Office

Staunton, Virginia

MineiD

(b)(6)

Date (b)(6)

Mine Citation/Order

u.s. Deoattment of Labor
Yr

Mine Safety and Health Administration

I

1. Dale

Mo Da

(b)(6)

12. Time (24 Hr. Clock)

4.SeMidTo

(b)(6)

i. COndltioll or Pracllce Be. Wrilllln Nab {103p) 0 LOOSE AND UNCONSOLIDATED MATERIAL WAS ON THE EDGE OF THE HIGH WALLS ON THE BENCHES LOCATED, LEVEL BELOW JAW, J.AW LEVEL, 1ST LEVEL SOUTHEAST END. THE MATERIAL WAS NOT STRIPPED BACK 10 FEET OR SLOPED TO A ANGLE OF REPOSE TO PREVENT THE MATERIAL FROM FALLING ON THE ROADWAYS BELOW. THE AREAS UNDER THE MATERIAL HAD NOT BEEN BLOCKED TILL MATERIAL COULD BE CORRECTED. ACCESS WAS BEING MADE TO ALL AREAS UNDER THESE LOCATIONS. MANAGEMENT ENGAGED IN AGGRAVATED CONDUCT CONSTITUTING MORE THAN ORDINARY NEGLIGENCE IN THAT THE MATERIAL WAS PLACED' ON THE EDGE OF THE HIGH WALLS AND EMPLOYEES WERE ALLOWED TO BE EXPOSED TO THE HAZARD AS THEY TRAVELED UNDERNEATH THE AREA. THIS VIOLATION IS A UNWARRANTABLE FAILURE TO COMPLY WITH A MANDATORY STANDARD. (PHOTO)

-•
(b)(6)

13.=~(b)(6)
(Conlnlctaf)

I
10. Gravlly. A. Injury or IIIIas o-l {II):
No l..lUilhaGd

See ConlnUIIICn Faml (MSHA Fonn 70CJ0.3a)

0

c. Tllle30CFR of Pan/Sec:llon

56.3131

0

Unlirely

0

11.~{cllec:kane)

A. None

0

B."-0

c. Moclerlle 0

D. High

!i1l

E. ~ OilrlgaRI

0

(b)(6) (b)(6) 0 D. Writlan Notice 15.Aiuor~ UNDER THE MATERIAL LOCATED ON THE LEVEL BELOW JAW BENCH, UNDER THE MATERIAL LOCATED ON THE JAW LEVEL BENCH, UNDER THE MATERIAL LOCATED ON THE 1ST LEVEL SOUTHEAST END BENCH.
18. Termin811on Due

I

A. Dale Mo Da Yr

1 Time (24 Hr. Cloek) B.

17. Al:llon 110 Termlnatll

18. T1111111netec11A. oa• -

MoDI Yr

I

B. Time (24 Hr. Clock

(b)(6)

-~--~--------------------------------------------~jn ~----~ __
(b)(6)
AA __

AITACHMENT B

20

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office __ s_ta.;;;;un...::;.to_n__ _,, Mine ID ~ , Virginia . ~ '-

(b)(6)

Date (b)(6)

Mine Citation/Order

u.s. DeDaltm8nt of Labor Mine Safety and Health Adminlstlation
(b)(6) (b)(6)

(b)(6) (b)(6)

THE 5TH LEVEL BENCH LOCATED ON THE NORTH WALL HAD BEEN REMOVED. REMOVING THE BENCH RAISED THE HEIGHT OF THE WALL FROM 45 FEET TO 85 FEET ABOVE THE BENCH BELOW. THE COMPANY HAS NO EQUIPMENT ABLE OF SCALE THE es FOOT WALL . . REMOVING THE BENCH DECREASED THE STABILITY OF THE WALL BY REMOVING THE TOE OF MATERIAL LOCATED ON THE WALL. REMOVING THE BENCH BLOCKED ACCESS TO THE BENCH BELOW TO CLEAN AND REM0VE LOOSE MATERIAL FROM THE TOP OF THE WALL UNDER THAT BENCH. REMOVING THE BENCH ALSO ALLOWED MATER!~ FROM THE HIGH WALL TO ACCESS THE HAUL ROAD IN ONE LOCATION. MANAGEMENT ENGAGED IN AGGRAVATED CONDUCT CONSTITUTING MORE THAN ORDINARY NEGLIGENCE IN THAT WHEN THE BENCH WAS REMOVED AND THE WALL WAS UNABLE TO BE SCALED, WORK COULD NO LONGER BE PREFORMED ON THE BENCH BELOW, AND EMPLOYEES WERE EXPOSED TO THE HAZARD OF MATERIAL ENTERING THE HAUL ROAD. THIS VIOLATION IS A
,C.Pa~ol
Tllle30CFR

56.3130

10. GI8Vily. A. lnjUIJ arIa- (ha) ~):

No Ulelllloocl

0
0 0
D. High
Loll Wodrdays Or Rallric:lld Duly

No L.a.l Worlcdaya
C. SlgniiiQnt and SubDnllal: Yes

0

Jill

No

ID.
lii'J

Permanenlly Dlubtlng

0

Fatal

lii'J

Number of Pe1a0na AlleciM:

001

11. Negligllnca(dledtone)

A. None

0

E. Redclela Dill8giRI

0

.)

(b)(6)

(b)(6)

Mo Dll Yr

ja. Time

(24 Hr. Clock)

17. Adlon to Tennlnm

S«:tianllf~~~~~~~ 19. r=~ EOI

20. Event Number

-

(b)(6)

--r. 2:::'1~. Primaly::;"·=~~::-:,Mi::::.,:--"""TI

22.

Slgnalura

1
.

(b)(6) - - ' - ·- - . . . : - - - _ _ ..,.,23=-:.AR=Numbw~~-.

1

_ _ _ _ _ _ _ _ _ __

ATTACHMENT B

21

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton, Virginia MineiD (b)(6)

(b)(6)
Date

(b) (6)
Mine Citation/Otder Continuation

u.s. Department of Labor Mine Safety and Health Administration
(b)(6) (b)(6)

(b)(6)

(b)(6)
(CIIntr8c:tol)

ConlilUIIIon l1f 8. Condillon or Pnlclic:e

UNWARRANTABLE FAILURE TO COMPLY WITH A MANDATORY STANDARD.

(PHOTO)

0

C. "--ed

0

0. TermtnMid

0

E. UodiftM

(b)(6) (b) (6) (b)(6)

A'ITACHMENT B

22

Unites Department of Labor Mine Safety and Health Administration Office of Accountability

(b)(6)
District NorthEast District Field Office MinerD

Mine Citation/Order

(b)(6) ~ (b)(6)
8

!

:E

i2. nM I2A Hr. Cladll

·=unar------l-r----'---·
Mine Safety and Health Administration
3

u.s. Deoartment of Labor
1

~~-(b)(6)

(b)(6)

--==--(Con1ractor)

ea. w~~~~e~~ Nob (103g) I 1 INADEQUATE EXAMINATIONS OF GROUND CONDITIONS WERE BEING PERFORMED IN THE PIT. LOOSE GROUND WAS FOUND IN DIFFERENT LOCATION OF THE PIT WITH EMPLOYEES WORKING AND TRAVELING UNDERNEATH. GROUND CONDITIONS ARE NOT TESTED, THE COMPANY HAS NO POLICY FOR TESTING GROUND. THE FOREMAN CONDUCTING THE EXAMINATIONS ON THE DAY OF INSPECTION WAS UNABLE TO EXPLAIN THE CRITERIA HE USES TO DETERMINE IF GROUND MAY BE LOOSE. A EXCAVATOR WAS OBSERVED TAKING DOWN A LARGE AMOUNT OF LOOSE GROUND FROM A HIGH WALL LOCATED ABOVE WERE TWO DRILLERS HAD BEEN WORKING. MANAGEMENT ENGAGED IN AGGRAVATED CONDUCT CONSTITUTING MORE THAN ORDINARY NEGLIGENCE IN THAT EMPLOYEES WERE ALLOWED TO WORK AND TRAVEL UNDER LOOSE GROUND THAT HAD BEEN EXAMINED FOR THIS HAZARD. THIS VIOLATION IS A UNWARRANTABLE FAILURE TO COMPLY WITH A MANDATORY STANDARD. (PHOTOS)

I
C. SlgnllicMI and SUbltantill:
11. NIOIIgence (c:heck one)

c. Tltle30CFR of Pall/Section

56.3401

Oa:unad

0
001

Y•

lit!

No 0
B. Low

I
0
D. High

D. Number of

P1nona~:

A. None

0

lit!

E. Recklllu Dlsnlgard

0

(b)(6)
15.ANaorEquipment

(b)(6)

AREA UNDER LEVEL BELOW JAW BENCH, JAW LEVEL BENCH, 1ST LEVEL SOUTHEAST BENCH, AND AREA UNDER WERE 5TH LEVEL BENCH ON NORTH WALL HAD BEEN REMOVED.
18. Termination Due

I

. A. ......_ .....,

Mo Da Yr

I

B. Tme (24 Hr. Clack)

17. Adlon Ill Tenninlllll

18. TlllllliniDdiA.......... • .....,

MoO. Yr

I

B. Time (24 Hr. Clock

(b)(6)

-~-Sig--~----------------------------------------------·'n--AA N_~--~~ . __

(b)(6)

ATIACHMENTB

23

Unites Department of Labor Mine Safety and Health Administration Office of Accountability

(b)(6)
District NorthEast District Field Office Staunton, Virginia MinerD Date

(b)(6)

Mine Citation/Order

u.s. DeD&rtment of Labor Mine Safety and Healltl Administration
(b)(6) (b)(6)

(b)(6) (b)(6)

HAND RAIL WERE NOT PROVIDED TO THE ELEVATED WALKWAY LOCATED UNDER THE PRIMARY CRUSHER. MATERIAL HAD BEEN REMOVE EXPOSING THE EMPLOYEES TO A DROP OF 20 INCHES FROM THE ELEVATED WALKWAY. FAILURE TO PROVIDE THE REQUIRED HAND RAILS COULD LEAD TO A LOST WORKDAYS OR RESTRICTED DUTY ACCIDENT. (PHOTO)

Soe Conllnullion Form (MSHA Farm~

0

56.11002
10. 0mfly:

A. Injury ot II"- (hal) (II):

No Lllelllloocl 0 Nol.altWCIIIcdaya0

Highly

uatY

0

Occunecl

0
F81111

c. Slgnlllclntand ~
104a
14. lnilial Al:lien

Y•O

Io.
c. Moclllr* lit!
D. High

l'8lmanently Dlsllbllng

0

0

Number ot ,..._ Aft'ecllld:

00 l

A.None0

0
Onler 0

E. Reclde8l ~
Safeguard 0

0
MoDa Yr

Cllatlon stl

Wlillln Notice 0

A. Cbllon

0

8. Order

0

C. SdiQUinl

0

0. Willen Nollc:e

0

E. Clllllonl

F. Dllecl

Oilier Number

15. ANI or Equlpmellt

(b)(6)
17. Ac:llon 1D TllllliMte

(b)(6)

18. Temllnllld . A. .._ ......_

I

Mo Da Yr

Ia. nne

(24 Hr. Clock

_~_.s_~

___________________________________________.ln AA ~--~~ ____ (b)(6)

(b)(6)

ATTACHMENT B

24

Uni~DepancrnentofLabor

Mine Safety and Health Administration . Office of Accountability District NorthEast District Field Office Staunton,
Virginia

MinerD (b)(6)

Date

(b)(6)

Mine Citation/Order

u.s. O..Jtment of Labor Mine satety and Health Administration
(b)(6) (b)(6)
(Connc:lol)

(b)(6)

--

(b)(6)

LCOiiil~------

Ia. Wrillln Natice(103i)

D

SAFE ACCESS WAS NOT PROVIDE TO THE GREASE FITTINGS OF THE TAKE-UP ROLLER OF BC 1. THE GREASE FITTINGS WERE LOCATED INSIDE THE GUARD AROUND THE COUNTER WEIGHT. THE GUARD WAS SECURED TO THE FRAME OF THE COUNTER WEIGHT MAKING THE GUARD PART OF THE SUSPENDED LOAD. EMPLOYEES WOULD HAVE TO PLACE THEIR ARMS UNDER THE GUARD TO ACCESS THE FITTINGS. FAILURE TO PROVIDE SAFE ACCESS COULD LEAD TO A LOST WORKDAYS OR RESTRICTED DUTY ACCIDENT. (PHOTO)

I
c. Signillclnt and~
A None 12. Type f1l Acllon

c.Ttlle30CFR f1l PaiiiSecllon

56.11001

NoD 0
0
B. law

I
0
c. Modar8l8
~

D. Numller of,.._,. Allilclld:

001

D. High

0

E. Racldesa DflnOiud

0
Mo 0. Yr

104a
8. Onler
·

13. Type f1l Jauance (clleck 0118)

14. lnillll Acllon A. Cftation 0

0

C. SdlguMI

D. WIIIM Notice

0

E. C11811on/ Older Number

F. Dilled

15. Anla ar Equipment

~U~T~~

18. TennilationOue

_... ...... (b)(6) I·"~-"·

I_a

TJme (24 Hr. Cl~

(b)(6) I

~__..____.__..____.__.__.__.____.__..____._

17. AclloR 1D T....,._

18.

Termlnatllcll. ........ ,__.. -""

MoO. Yr

I

B. Time (24 Hr. Clock

(b)(6)

-~--~-·----------------------------------------~~~~-AA--~------~ (b)(6)

A'ITACHMENT B

25

Unites Deparbnent of Labor Mine Safety and Health Administration Office of Accountability
District

NorthEast District

Field Office

Staunton,
Virginia

MineiD (b)(6)

Date

(b)(6)

Mine Citation/Order Continuation

u.s. DeDartment or Labor
Mine Safely and Heallh Administration

(b)(6)

1.1Lconttnm 12.Dallld ~ v. (b)(6) Sll 0 (Origln.. laaue) - IIIIIIIIII~ • .~SM~~~~~.------~------~-------(b)(6)
T

1111111

(b)(6) la. ~-..,....., ~

AREA WAS DANGERED OFF TO ALLOW TIME TO OBTAIN MATERIALS AND MAKE REPAIRS.

~w~~ (b)(6) •,.~- ,..,1111111 --------------------~-------------------------------I......~
(b)(6)
11.~

8 • Exlllndecl TojA.

o.

Mo

08

Yr

fa. nne (24Hr. Clock)

1700

I

0

c. V8CIIIlld

0

D. Tenninallld

0

E.~

(b)(6)

12.0..

(b)(6)

ATTACHMENT B

26

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast . District Field Office Staunton, Virginia MineiD (b)(6)

(b)(6)
Date

lo1ine CltiltiOniOrder

(b)(6) 6

..... Jri111111NiitiC8(10ij) 0 A competent person designated by the -operator shall examine each working place at least once each shift for conditions which may adversely affect safety and health. The operator shall promptly initiate appropriate action to correct such conditions. An adequate examination of the working places was not baing conducted. Numerous safety hazards were observed.durinq this inspection and the operator had failed to identify the hazards or take appropriate action to correct the conditions. Failure to conduct thorough and complete examinations of the work places could lead to a serious accident.

11 I:"CondldonarP-

-

(b)(6) (b)(6)

(b)(6)

I
(ContraoiDI)

I

I

I

9. VIOiallon

c. Pout/SeCIIcln or
Tdla30CFR

56.18002&

10.~

A.IIIJUIY 01' " ' - (has) (Ia): No Lill8lliiDDd 8. IJiiu'Y or m.- c:vuld _. No LAse Wodcdll,s aol!!!bly lie to lie

0

UnJIUir

0

~ly l.ilcaly ~

Oa:unad

0

!I!I!CI8!!

0

Lost~ Ot~ OldY

0
U
1!. ~ DlsreQanl

NDO
D. HVft

0
Mo Da Yr

12. Type of Action
F. Dallld

(b)(6)
17.AI:IillntoTIIIftln11111

me (24 Hr. Clac:lc)

(b)(6)

The hazards observed were addressed with the operator and the requirements for work place examinations were reviewed.

18.Tetmlnalilld'A.Date-

-~~

(b)(6)

(8.TkM(24Hr.Ciack

(b)(6) -~ (b)(6)

(b)(6) (b)(6)

ATTACHMENT C

27

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton,
Virginia

MineiD

(b)(6)

(b)(6)
Date

.. w

Mine Citation/Order

(b)(6) (b)(6) (b)(6)
8. COridfd011 or l'rllclk:a
Min~ng
(Contradlll) 88. Wlllliln Nallcll(103p)

(b)(6)

0

methods sha~l be used that will maintain wall stability in places where people work or travel in performing their assigned tasks. The 55 feet highwall located on Level 1 in the southeast corne~ of the pit revealed mud seams, fractures, loose rock, and sloughing for a distance of 40 feet. A fall of material existed. There was a Caterpillar DS bulldozer operating in the ~ediate area. (photo taken)

I
1a. GllllliVA. Injury or I~ (has) f•):

C. PantSeclicm of

Tdle30CI'R

563130

No Lbllllood

0

Unllkely

[J

tligldy UkeCy

B. Injury ar hlnels could ,...

n

Oc.cui!Wd

u
Falal

!O!I!biY 1111 !Xfllldl!d Ill t.; NoD
A. NoM

Loci WGIIala]la Or Restriclllcl DillY

0
0

, . _ _ _ DiAIIIIIg

0

[;11

11. ~ (clllldl one) 12. Type ofAction

0

&.Low

0

C.Modlnda fit}

D. Hlgll

E. Rec:ldaa Dillreganl

(J
MoDa Yr

104a

c.

F. Dared

18. TemllnallonDue 17. AdiOn Ill Tenninalll

~--T~~

lA 0.. - (b)(6)

(b)(6)
I T.ma(24 Hr. Clock)

-

----------------------~------------------------------

(b)(6) (b)(6)

(b)(6)

...._&W MC~~lk:2Uii&: 1-riM.IUWDU,IiltJWii;IIILJu••••u:

adanantnt-*ma. ,..~......,~~

.,.._..i!dlonfar~..a1~(~7).ar-tM~atSm.lllluolowa~otllo.olh-~~3ft!

ri

WiiiijJUI.i6W ...JWitwi&-. "•• ....... •

• ...

A liii.IOr'h:r:!l:o'';,to_.,. 10 _a'w,..,.,!!!!tl!a!!.!!c!ucln!

ATTACHMENT C

28

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton, Virginia

(b)(6)
MinerD

(b)(6)
Date

Mine Citallon/Ordar

U.S. Deoartment of Labor Mine Safety and Health Administration

(b)(6) (b)(6)
f

'i Conclllion or PrllCIICe

I

-----+il~ .
(b)(6)
-

(b)(6)

-

Nrillln NCidC8 j103i}

~~

0

Mining methods shall be used that will maintain-wall stability in places where people work or travel in performing their assigned tasks. The left corner of the working face at the 65 feet highwall on Level 4 at the east end of the pit revealed numerous fractures and loose rock for a distance of 30 feet. The operator had installed a ber.m away from the highwall to afford protection for personnel working in the area. A fall· ol material existed. Loadin9 operations were on-going adjacent to this area. (photo taken)

.I

I
10.Gtlv~

S. CCinlinuallall Focm (MSH.\ Fonn 701»3aj

0

c. Tltle30CFR of Patt/Sedlon

56.3130

A. lnluly ot JllneN (baa) (Is): No IJIIeJihood

0

Ocalmld.Q

I I !

Not..ostW~O

I
0
D. High

D. Number of Pel-. Alredlld: E Reaklel5 DMgald

001

11. NeofiDMc. (chtocX one)

A. Non•

n

B. Low

lJ

0
MoCa Yr

. F. Dated

18.

(b)(6)

B. Time (24 Hr. Clocl!)

(b)(6)
(photo taken)

17. AdloniDTen'lllnalll

The affected area was .blasted down.

I I i
I

I

s - t - 1 --~.,..
·
19. Tn-DflnGpectlon (adlvlty Cllde!

18. Terminallld'A.Deta- I 3. Tlme(2AHr,Qoek (b)(6)

-------_..;===:=.J.------------------

(b)(6) -~
_

I I
I

i

i

EO 1

j:ZO.EWMNumber

(b)(6)

121.PrimmyorpM111

22. Signalule

(b)(6) I

-----_-_-_-_-_-_ .....

(b)(6) _----------~--------_._:l'=n:_AA~~Number~~~~~llllliL===----

I •

ATTACHMENT C

29

Unites Department of labor Mine Safety and Health Administl'ation Office of Accountability District 1 North East _ District Field Office Staunton, Virginia

(b)(6)
MineiD

Mine Citatien/Order

(b)(6)
l.
)

~

~ (b)(6)

-

i2.Tlmo(24Hr.CIOck)

ea. Wt1118n No11c1a (103p) I I Mining methods shall be used that will maintain wall =tability in places where people work or travel in performing their assigned tasks. The 45 feet highwall located on Level 2 at the east end of the pit revealed loose rock and substantial cracks with separation from the main wall for a distance of 50 feet. Loading operations were on-going at the entrance to Level 2 and about 100 feet to the left of the affected area: A fall of material existed. (photo taken)

------'-----------

---r.r(b)(6)

I

U.S. Department of Labor Mine Safely and Health AdminiStration

(b)(6)

(~

I
10. Graviy. l~wy Dr mn.a

c. Tille 3D CI'R or PaMiecllan

56.3130

A.

<'-> ("IS):

No Llkelilloocl

0
No

No~.a.tW~O

Yea

lit!

0
C. MDCIII.-.

I
i!tl
D. High

D. NumDet of~AIIIcald: E. Reckleaa Dislegald

001

a. ~..own

0

r.J
MoDI Yr

... Dallld
15. Anla or Equipment

111. Tennltlatllln Due

lA. ~ (b)(6)

8. Tme (24 Hr. Cladr) -

(b)(6)

I

Sedbiiii-TIIIIIInalloft......,

17. Aaion 1D Terminate

(b)(6) (b)(6) (b)(6)

AITACHMENT C

30

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office

(b)(6)

Staunton, Virginia

MinerD

Date

(b)(6)

-----~

111ine Citallon/Order

(b)(6)

. . . ._ . . . . . _, -ii""i~=-===----~

(b)(6)

J;;;:
____

U.S. Deaartmant of labor Mine Safe and Heaf1tl Admlnistr.Jtion

(b)(6)

rj Mining methods shall be used that will maintain wall stability in .places where people work or travel in performing their assigned tasks. The 45 feet north highwall located on Level 3 revealed fractures and loose rock ~or a distance of 300 feet. The loose rock ~as located directly above slicken-sided rock that angled toward the haulage road. This wall is inactive, but the bench is used for hauling material from the east end of the pit to the plant. A fall of material existed. (photo taken) ·
B~ -ec;lidiiiOii or Pii&

___,e
(b)(6)

......... Nalloll (103i}

-

9. VIOialion

I =R
A

I
A None

See CclftJnualian Faan tMBHA Foftii700Q.3e)

0

c . PartiSeclion of TillelOCFR

.

Olhef0

56.3130

~ Ukeiy

0

Occuned

0
Fatal

Petmalllllly Dl5llllinO [1

jo. NwnberotFerwons~
11. Negtll)l,_ (dlec:ll one)

btl

001

0

B. Low

0

D. High

0

E. Aecldela Dilnlgard

0
MoDaYT

c.

F. D8llld

(b)(6)

~Da

Yr

Is.

Time (24 Hr. Clock

(b)(6) (b)(6)

(b)(6)

ATTACHMENT C

31

District

I

Unites Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Staunton, Virginia MineiO

North East _ District '--___;;:..;:::..::=--l

(b)(6)

Mine Cltallon/Order

(b)(6) (b)(6) (b)(6) (b)(6)
(Connctor)

a: CDIIdition or"'-

--- WliliNI Nolita s,Q3i I I The Caterpillar 9888 front-end loading machine serial no. SOW26i7 being used to load haul trucks on Level 2 in the pit was not properly maintained. The brake lights failed to function properly when tested. This machine is used in a low to moderate traffic area. A rear-end collision hazard existed. (photo taken)

8. Seci!Oft
DfAct

C. Peat/Sedion of Tille 30 CFR •

S6.14100b

Highly Ukely

0

Oc:cumrd

0

PeiiNIIIMIIy DiHbllnsr

0

·Fatal 0

11. Negligence (c:lleck - ) 12. Type ofAct1Dn

A. None

0

B. Law

rJ

C.M*rate ~
E.CIIallaftl

o. High 0

e. Recldlllla Dill8gard 0
F. Dilled

l04a
Mo Da Yr ORterNul'llller

1&. ArM or Eqvjpmenl

18. Tenninatlon eu.

,,._

- . UI-TermtiiMion AcODn 17. AclkiiiiD Tenn!Mie

Dal8(b)(6) (b)(6) (b)(6)

(b)(6)

ATTACHMENT C

32

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton, Virginia

MineiD

(b)(6)

lllne CitBtloniOrder

(b)(6)

A.

(b)(6) (b)(6)
(Contraelar)

(b)(6)

a. cOildltian or Placticlll

1an . . . ,103g)

r1 ·

I

I

The manually-operated horn provided for the caterpillar 769C haul truck serial no. OlXl412 in service on Level 2 of the pit failed to function properly when tested. The truck is used to haul material from the pit to the plant. A hazard of being struck by the equipment existed. The horn is used to alert . personnel in the immediate area prior to moving the truck and when visibility is extremely limited. (photo taken)

I

I
10. Glavily. lnJIIIY ar Illness (lias) (IS): No Ubllllood

c. Tdle30CF!l of Polt&dion
0

S6.14132a

n
--··

U~

!iJ

Ruaanlllly L.ileJY

B.lnjulyarillnesleculdsonably be apeded to be: c. Significant and Subslllnll8l:
11.~\~eg~

No L.a.t

w,......,_ 0
B. low

(dleolc _ ,

A. None

v.. o 0

LostW"'"'"•- OrRestrlclad "' .... --·· - ...

0
0
Order

0

c. MclcloniW [;;!

D. High
Cllallon ~

!. "-ddesa Oiutpd

0
M9DeYr

12. Type of Ac1ion

I04a
8. OtW

n

Sllflguard 0

WIIIWI NoliceO

i.. Cilldlon 0

0 c. Safegyanl

F. Oauld

16. Temrinllio11 Due

lA. ~ (b)(6)

Saclarlll-TellllinaMnAdiOII

17. Action 'Ill T~

MoDs Yr

I

B. Tltllll (24 Hr. Clock

(b)(6) (b)(6)

(b)(6)

ATTACHMENT C

I

I

i

I

33

I

I

I
I

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton,
Virginia

MineiD

(b)(6)

~ne

Citation/Order

(b)(6) (b)(6) (b)(6) (b)(6)
(CDnlladDI)

a. ~itiDn or Pradlce

8a. w&li Nab (1030)

!1

The John Deere 4000 articulating haul truck no. BE400DT200959 in service · hauling strip material from the new pit was not properly maintained. The brake lights failed to function properly when tested. The truck is used in low to moderate traffic. A hazard of a rear-end collision existed. The . driver stated that the brake lights were working during his pre-operational examination. (photo taken)

B. Sec:IIDn of Act

C. PIUtiSeclllln of

Tllle30CFR

S6.14100b

0-.d 0
Fatal

0

c. 61gnillalnt end Sublllanllal:
12. Type of At;dDn

Yaa0

,O.NIIIIIberatP-AW
C.Modenda

001

I I

A.Nane

0

0

D. High

0

!. Racldeu DinttNI

0
Mo 0. Yr

104a
S. Onllr

A.. C11a1iDn

0

0

F.Dat.a

!

I

C. SefegueNI

15. Area or Equipment

(b)(6)

(b)(6)

MDCII Yr

Is. TtJne <2' Hr.

Clack

(b)(6) (b)(6)

123. AR Number

(b)(6)

ATTACHMENT C

34

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District

I
I

r

(b)(6)

NorthEast District

Field Office

Staunton, Virginia

MineiD

lAine Citation/Order

Mine

u.s. Deaamnent al Labor

and Health Administration

(b)(6) (b)(6) (b)(6)
8. eor- ou-,_

(b)(6)
-

••rittan NoiiGe (103ij) l l

The last date entered on the tag attached to the fire extinguisher located in the primary control room of the aggregate plant was January, 2009. The date is to be entered at the completion of the monthly visual examination to deter.mine that the fire extinguisher is fully char~ed and operable. The fire extinguisher was found to be fully charged and operable. The fire extinguisher would be used in the event of a fire. The control operator state·d that the spaces on the card for the dates had been used up and the c~d had not been replaced. (photo taken)

IC.P~of T"tlle30CFR
10. Gl81li1y.

S6.420lb

A.

Injury or run- (tla) (Is); No Ulcillllood

0

Unlllely ~

Ru&on*J Likely

0

Oacourr.cl

0
Filial

B. !=~::: c. s-and SU&Iablnllll:
104&

No 1.011 WOIIcdays 0
Yes

1.011

W011u1Qs 0t R8llridlld DuiJ l'i!J

0

No !;!!

I

,_,llllelllly DINblilla

n

o

D. NumiiOr of Pinons Atrecled:
E. Rocldel& Dllregald

001

D. Higll (1

0
Mo Dll Yr

12. Type of Aclion

13. 1)pa or • - (dlldlane)
F. Dated

15. Area., Equ~

I
'A.~ (b)(6)
i
I I

_,._T..,..__,

16. TeminatiORDue

17..AdlontoTonnln;lla A new tire extinguisher with attached tag showing the last monthly inspection being 10-21-2009 was provided for the primary control . o taken (b)(6) (b)(6)

(b)(6) (b)(6)

(b)(6)

ATTACHMENT C

35

UnitesDepancrnentofLabor
Mine Safety and Health Administration Office of Accountability District

NorthEast
District

(b)(6)

Field Office

Staunton, Virginia

MineiD

Mine Citation/Order

U.S. Deoartment of a..bor

12. lime (Z4 Hr. Clock)
(b)(6) (b)(6)
~or Praellca

(b)(6) (b)(6)

• .1- Wrllllln Nil& (103g) i 1 accumulation of fines that had become a solid mass were observed at various locations on the belt structure underneath conveyors 2, 4, 6, 7, and above the travelway at the twin Hewitt Robins Screens at the aggregate plant. The material was located about 20 feet above ground level where t;avelways were present. A fall of material hazard existed. A visual observation of the material did not reveal that the material was loose or dislodged. (photo taken)

An

I

C. PartiSeclion ol Tllle30Q'R

56.14110

I
D. Higll

0. Nlllllllllr of l"ltiOm AW

001

0

E. R8cldeas 0MganS

0
tolo Da Yr

12. Type af ACIIOII
A Cilldon

104a
B. OIOsr

0

0

c . Safeguatd

U

F. Deled

1&. AIM ar Eiq\llpmellt

16. TermlnaiiOII Due

~~T~~
17.Aaloi!IIIT•nnii!!IIR

lA. ~ · (b)(6)

L 1lme (24 Hr. Clock)

-

(b)(6)

I

------------~======L-~---------------------------The material was removed. (photo taken)
(b)(6) (b)(6) (b)(6) (b)(6)

(b)(6)

A'ITACHMENT C

36

Uni~DeparbnentofLabor

Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office

(b)(6)

Staunton, Virginia

MineiD

llllne Citation/Order

(b)(6) (b)(6) (b)(6) (b)(6)
II,COI1Gallln..,n-

DL•VIillenNOIIOi(1!!3g)

D

A guard was not provided for the tail pulley of the Mud Belt located at the High Calcium Plant. Material had accumulated beneath the horizontal belt placing the exposed tail pulley within 78 inches of ground level. A hazard of contacting exposed moving machine parts existed. Routine maintenance is usually perfo:med on Fridays when the plant is idle. (photo taken}

I
S«iiiiii
I! "

c. Titie30CFR of Paft/Sedian

S6.14107a

10. GnMty. A. Injury Ill " " ' - (hu) (ilt); No lilalllllood llljuly COUld .... son!l!iy be~ 1D be: No LOll wan.s.y.

a.

or.,_

0

Highly iJuly

LJ

Occuned

rJ
Fallll

0
D. tiVII

Yes

0

Io.
0

f>ellnaMtllly Dillllllltlg

btJ

0

NumDer

or ,..,_.. All'eclilcl:
E. Reclcle85 Dlngul

001

11. Neglig8naJ (checlc one)

0
Mo Da Yr

104a
A. CiCdon

0

B. Ordw

0 c. sa

P.Dad

16. Anla or EQuCiment

- . ...r-Aellan

10. Ten'lllnlllon Due

I ~Yl' (b)(6)
A.

1.. nM (24 Hr. Clock)

-

(b)(6)

.......,_______________

I

(b)(6) (b)(6) (b)(6)

AITACHMENT C

37

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District NorthEast District Field Office Staunton, Virginia

(b)(6)
MineiD

-'ine CllatloniOrder

(b)(6) (b)(6) (b)(6)
for one sect the Metso Screen at the Hiqh Calcium Plant. The open area was 79 inches in length. A fall of material existed. The deckinq contained some loose crushed stone that could fall to the ground level which was 25 feet below. Personnel travel below this structure. (photo taken)

(b)(6)

I

c.Tllle30CFR "' PlutiSecllon

56.11002

Higllly Likely

0

OCICUINCI [J

I
D. H91

l'emiMenlly Dlubllng

0

Fllal

0

D• .Number a t " - Alfedact.

001

0

E. Rec:ldNs Oistegenl 0 MD Da Yr

12. ~at Action
A. Clillion

104a
8. Otaar

13. Type oflauanCII (clleckone)

0

U

C. SefeguMI

0

P'. Pal-s
D.

18. AIM or £quipment

18. T111111iNdon Due

~~T~~
17. 1\alan to Temdnale

IA.IIIii I -r(b)(6)
Yr B.
MoO. Yr

(24 Hr. CloaiO -

(b)(6)

~--------------.....--~~--------------------.....- - - - - - - -

I

ja

11me (24 Hr. Clodt

(b)(6) (b)(6) (b)(6)

AITACHMENT C

38

Unites Department of Labor Mine Safety and Health Administration Office of Accountability
District NorthEast District Field Office

I

r

(b)(6)
'---S-'-ta=un=to=n,:_---ll Mine ID Virginia .

.11ne CitalloniOrder

(b)(6) (b)(6) (b)(6) (b)(6)

;&diiCii{; P..Ktic.

(Conlnoclol) Ill. Wtlllell NOIIal 1103ij) I

I

Self-propelled mobile equipment to be used during a shift shall be· inspected by the equipment operator before .being placed in operation on that shift. A thorough and complete inspection of the self-propelled mobile equipment in service was not being properly conducted. Obvious conditions found on the equipment durinq this inspection revealed that inspections were not being done in their entirety and the defects were not .being reported as required. Failure to conduct thorouqh inspections of the equipment could lead to an accident.

I
11. Noogllpnc:a (check->

c. Tdle30CPR ., Plltl$ecllon

S6.14100a

()cQmM

[l
Fatal

0

jo. Numberotr--~
ll. None 0
B. LCIW

003

CJ

D. High

0

E. Rac:ldlla D__, 0

P.o.-

MoDaYr

ja.Time(24Hr.CIDclc) -~ (b)(6) (b)(6) 17.AcllontDTenninalll Required inspections for mobile equipment were reviewed with mine management and manaqement discussed the requirements with the crew.

-11-T..---

1B. nrrnlnallonDue

·lll.Dlllit . .

._...---------------

(b)(6) (b)(6) (b)(6)

(b)(6)

(b)(6)

l
!

!

/

I

A'ITACHMENT C

39

Unites Department of Labor Mine Safety and Health Administration Office of Accountability (b)(6) District North East District Field Office Staunton, Virginia

(b)(6)
Date

MineiD

Boxley Materials Photo No.1

Bench shot out from A-B. Area below the "B" arrow is drilled for next blast. No benches are provided along this wall to the top of the.pit to prevent falling materials: No access t~ main:ain_ th~l is in place to remove possible loose (b)(6) unconsolidated matenals. (Cttatio~

ATI ACHMENT D

40

Unites Department of Labor Mine Safety and Health Administration Office of Acco,untability

(b)(6)
District I__N_.;:_orth;;:.._E...;;..as;_t____. _ District
Field Office Staunton, Virginia MineiD Date

(b)(6)

Boxley Materials Photo No.2

"

Area of bench that was removed in mining process, area on left is muck pile from last blast. (Note area cleaned to the toe of the wall) View from opposite end of pit highwall area and the mining design as well as the bench area that was removed in the miniilg process.
/

ATTACHMENT D

41

Unites Department of Labor Mine Safety and Health Administration Office of Accountability

(b)(6)

(b)(6)
Da.te

District

North East District

Field Office

Staunton, Virginia

MinerD

Boxley Materials Photo No.3

Highwall conditions cannot be tested to determine stability, as no equipment at the mine can reach from top down to these areas to verify stability or consolidation.

ATIACHMENT D

42

Unites Department of Labor Mine Safety and Health Administration Office of Accountability

(b)(6)
District 1'--_N..;;;.orth=Ea.::...:;.s_t--' ~ District
Field Office Date

(b)(6)

(Shaded areas indicate discrepancies between narr(\ltive and evaluation)

(b)(6)

The anti-two block failed to work when it was activated. Failure of this component while lifting big and heavy items and the cable pulls through the sheave, could result in fatal injuries. This service truck vin. 1HTSCAAMXVH465470 was parked at idle on the upper level where work was being performed on the two snub rollers for the main belt out of the pit.

(b)(6)

(b)(6)

Spilled material accumu on the platform next to the conveyor belt BC-32 head pulley, located at the sand plant. The spillage measured 8 feet long, 24 inches wide, 1 to 9 inches deep. Footprints were visible in the material. Employees working in this area are exposed to a slip, trip, fall hazard. Workplaces, passageways, storerooms and service rooms shall be kept clean and

(b)(6)

illed accum on the conveyor belt BC-8 walkway near the head pulley. The spillage measured 9 feet long, 24 inches wide, 3 to 9 inches deep. Employees working in this area are exposed to a slip; trip, fall hazard. Workplaces, passageways , storerooms and service rooms shall be kept clean and orderly. (photographed)

ATTACHMENT E

43

Unites Department of Labor Mine Safety and Health Administration Office of Accountability

(b)(6)
District North East District Field Office ....___sta_un.......__ton, _ _ Virginia

__.l Mine ID
.

Date (b)(6)

(b)(6)

Spilled material had accumulated on six (6) steps next to vibrating screen VS-1 0, located in the sand plant. Each step was 22 inches long, 35 inches wide.- Accumulation measured 3 inched deep as it heaped in the middle of each step. Employees working in this area are exposed to a slip, trip, fall hazard. Workplaces, passageways , storerooms and service rooms shall be kept clean and orde

Issued
(b)(6) (b)(6)

30CFR

# Affected

Neo I

(Shaded areas indicate discrepancies between narrative and evaluation)

(b)(6)

THE UPPLYING 440 VOL #1 LOCATED IN THE PRIMARY PLANT HAD BROKEN EXPOSING THE ENTER CONDUCTORS TO MECHANICAL DAMAGE. VIBRATION HAD BROKEN THE CONDUIT BUT THE INTER JACKET ON THE CONDUCTORS WAS NOT DAMAGED. FAILURE TO PROTECT THE ENTER CONDUCTORS FROM MECHANICAL DAMAGE COULD LEAD TO A FATAL ACCIDENT.

(b)(6)

AITACHMENT E

44

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District North East District Field Office Staunton, Virginia

I
.

Mine ID

(b)(6)

(b)(6)
Date

(b)(6) THE AIR M ON THE ILT WATER TRUCK (SN-1XPAL59X9JN292503) LOCATED IN THE PIT WAS NOT BEING MAINTAINED. WHEN TESTED THE BRAKING SYSTEM LOST 30 PSI OF AIR PRESSURE IN ONE MINUTE. THE WATER TRUCK IS USED AROUND THE ENTIRE MINE SITE TO WATER ROADWAYS. FAILURE TO MAINTAIN TO BRAKING SYSTEM COULD LEAD TO A PERMANENTLY DISABLING ACCIDENT.

(b)(6) A 1.5 TON NEW PLANT SITE WITH THE .-.'LJ._......"'~ BOTH ENDS BENT, AND BOTH SAFETY hATCHES MISSING. THE COME-A-LONG WAS HOLDING FRAME STRUCTURE IN PLACE THAT WILL SUPPORT THE BELT STRUCTURE. THE HOOKS WERE BENT TO THE TO THE POINT THAT THE LOOPS OF THE LIFTING STRAPS THAT HOOKS WERE HOLDING WERE NO LONGER PULLING IN THE THROAT OF THE HOOKS. THE STRAPS WERE BEING HELD BETWEEN THE THROAT AND THE TIP OF THE HOOKS. THE CONSTRUCTION FOREMAN WAS ONE OF THE MEN SECURING THE STRUCTURE TOGETHER FROM A MAN LIFT. THE COME-A-LONG HAD TO HOLD THE STRUCTURE IN PLACE TILL IT COULD BE BOLTED TO ANOTHER PIECE OF STRUCTURE THAT WAS BEING INSTALLED. FOREMAN TAYLOR ENGAGED IN AGGRAVATED CONDUCT CONSTITUTING MORE THAN ORDINARY NEGLIGENCE IN THAT HE ALLOWED THE COME-A-LONG WITH THE DEFECTIVE HOOKS TO BE AND ALLOWED EMPLOYEES TO WORK IN THE AREA.

(b)(6) THE LEVEL ALARM ON THE GROVE MZ266B 214520023) WERE D~FECTIVE. THEN TESTED THE EMERGENCY STOP BUTTON FAILED TO SHUT THE MAN LIFli OFF. THEN TESTED THE LEVEL ALARM FAILED TO GIVE A WARNING. THE CONSTRUCTION F~EMAN WAS OPERATING THE MAN LIFT AT TIME OF INSPECTION. THE MAN LIFT IS USED ON UNLEVELED GROUND, AND NEAR SUSPENDED LOADS AT THE NEW PLANT SITE WHERE CONSTRUCTION IS BEING PERFORMED.

This citation was initially issued as a 104(d) citation. It was subsequently modified to a 104(a). The subsequent action justification was "Management was not aware the man-lift was provided with a level alarm and it is unknown how long the emergency stop device was not functional." This is not for modification. In addition were there citations issued for
ATIACHMENT E

45

Unites Department of Labor Mine Safety and Health Administration Office of Accountability District North East District Field Office ---'Sta-""un"""'t'-on_, '-- Virginia

___.I.

(b)(6)
Mine ID

(b)(6)
Date

I operational exam, task training, and was this a imminent danger?
(b)(6)

A 3 TON AT PLANT BOTH HOOKS BENT, AND THE KEEPER PIN DEFECTIVE ON THE CHAIN/HOOK END. THE COME-A-LONG WAS BEING USED TO HOLD TWO PIECES OF FRAME STRUCTURE IN PLACE SO BOLTS COULD BE CONNECTED. THE HOOKS WERE BENT MAKING THE SAFETY LATCHES USELESS, AND THE KEEPER PIN WAS AT THE POINT THAT THE CHAIN AND HOOK SEPARATED WHEN THE PIN FELL OUT. THE KEEPER PIN IS TO HAVE A NUT ON THE THREADED SIDE TO KEEP THE PIN FROM FALLING OUT. THE NUT WAS MISSING FROM THE PIN AND IF TURNED WITH THE NUT SIDE UP THE PIN WOULD SLIDE THROUGH THE CHAIN. TWO MEN WERE WORKING FROM A MAN LIFT TO SECURE THE BOLTS IN THE STRUCTURE. ONE OF THE MEN WORKING FROM THE MAN LIFT WAS THE CONSTRUCTION FOREMAN. , .

(b)(6)

~e.~tFf~l?.~t~~glM~ete.~:.t[a}*/n 1-Voolalion Dola

U.S. Department of labor Mine Safety and Health Administration

(b) (6)

-

(b) (6) ~

(b) (6) (b) (6)

A record of a pre shift examination was not recorded for located on the 001 mmu on 8/25/09, day shift.

S... Continuation Fonn (MSHA Form 7000-:la)

0

9. VIOlation

8 . Section
of Ad.

Jl6(b)

C. Part/Section of T.1te 30 CFR

No Likellhood :..

Unlikely

loi.i

Reasonably Likely

0

Highly Likely · •

Ocalrred

C
Fatal L

Lost W011rdays Or Restnded Duty ~

Permanently Disabling :. ; D. Number of Persons Affected:

C. Sognificant and Substantlai:
11. Negligence (cl>ed< one) 12. Type of Ad.ion
14. Initial 1\ction Caation

No

2)

006

A.N:>IIl! Q

B. low

LJ

C. Moderale

:-'.i

D. High

Q
Order

E. Reckless Disregard i.-~

l 04{a)
B. Order I ~ C. Safeguard

13. Type of lsSI:anoa (check one)

Citation \{]

0

Safeguard

0

Wntten Notice

0

A.

ll

0

0. Wrillen Notice

E. Ctlalionl Older Numbet

F Oatad

Mo Oa Yr

15. Area or Equipment

16. Termination Due

lA. D a(6) ' · (b) t ·

I

(b) (6)

B. rune (24 Hr. Clock)

Sec0on Ill-TemUnalion Adlon
.~n examination has now been recorded for Liter dates with no hazards recorded for the safe have~.

17 ActiontoTerminate

(b) (6) (b) (6) (b) (6)
I.!SHA Form 7000-3. Ajor08 (teYised)

(b) (6) (b) (6)

ln~wilh !he proYisicnsollhe Small BIJOineu R .lolyEni'DtcemontF-aAcl ot 1998. !>te Smal Busi,...AdrrunOut rtdenll /I98ACI' ~ adlons. The Oml>udamlln onriualytwluatas oniDrcernentlldMlln and tales eac/1 agency's respcno;""""'" 10 small business.. f)'OIIWISII to"""""""' on !lie >~~foraomont action~ oiMSHA. ""'may cal 1-1188-ReG-FAIR (1.a88-734·3247). or-the Oml>ucl...- af SmaJ Business Admlnislnl!lon. Oltlce ol :he NabonoiOmbudsman. 409 3rd ;net_ SW MC 2120. WalllingDI. 0C 204HI. Please~-· tnat yru nghiiO fia tile 0rn-..an is i n - 10 Slt'f- ng:ltS you may haVe. ondu:liog '>e right to contes1 proposed pel'aitJes a !luring belm! tie Fed6nd Mire 5a1ely ond Hear.ll R-Convniss<>n.

-·and

ond-

a..,.,._-

ATTACHMENT B

27

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA MineiD

District

Coal District 5

(b) (6)

(b) (6)
Date-

J

Mine Citation/Order

U.S. Department of labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6) (b) (6)
(Contrador) Ba. Wrttten Notice (103g) f I

The distance between fire outlets on the T2 belt exceeded 300 feet. A fire outlet was present at c:oss cut T2-26 and the next outlet was at cro~s cut T2-34, a distance of 560 feet.

Seo Cartlnualion Form (MSHA Form 7~3o)

0

9. V"solation

B. Seclion
of Act

C. PartJSeaion of Title 30CFR

75.1 I00-2(b)

No Likelihood

Ci

Unlikely ~

Reasonably Likely

[J

Highly likely

0

Occurred

0
Fatal

Lost Wollr1lanc8 ,.;u,ll"e pnMsions of ll>e $mol BuolneSa R01j~Utofy Enlora!rnenl Famess Act of 1996. !he $mol Business Adminlslrabon has eslabtishod a National Small BU5inusana Ag.1CIII!Ure R011ulalolrtludsn'alanm;afly . . - en1o1ternen1 adMffeo and rates each ii9""C)"S r~ to small lluSI:.esa. ~)IOU wish to COIM>8nl on 111e enforalmonl OdionsofMSHA. you r::ayc:au 1-88&-REG-FA:R (1.atl8-734·32•tn. or-1118 OmbudSman II Small BUsinessAdl1llnelrighlsyoumay,_.inctudulg ll1a right 11> CD111eS1 c:i:a11ons aM pJllPOOIId penalbe$ and obtsm a heanng b81ore 1!1e FedeYisions eltlle SmalllluoirlessRegulalcty Enlorcement Fai:ness-"<:1 ot1996. tile SmallluoinessA- has ~'lc:! a Nudsman. 409 lfd Stree!. SW MC 2120. Waohlnglr>n, DC 20418. ?le... nole. yourrigllt to file 1 """"*"'"ilhtlle ~an IS inaddotiooi!D anyOU!er ngl"lll you moyhave, including ~,• rogt« 10 c:>n1eSI d:a110na and l'fOP05'ICI penalties and Obtain a '-"'!! befae file Feder81 Mine Solely ancl H&allh Ccmnl!...'ls:l a NaliuUOsr..nanrwouyevalllatesenlorawnenlacllvrlies.llnCira!esNCh~I'&SpOI\SiYell41810-busineso Uyouwtsh10axnmentonll>o

to,...,....

AITACHMENTB

30

Attachment B United States Department of Labor Mine Safety and Health Administration Office of Accountability District [ Coal District 5 ] Field Office r[--:V:-:-a-n-sa_n_t_V_A-~ MineiD

(b) (6)

(b) (6)

:J

Date

Mine Citation/Order

U.S. Deoartment of labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

(Contractor) o.
\,oo'J i l ...

~...... .....

•

:tel. V'IIHh.eO

Notica (103g)

'

!

The fire s uppression discharge pr.ovided for the T6 belt dr ive was not covering the bottom of the top belt. The spray on the inby end of the branch li~e was angled down, allowing it to s9ray only on the top of the bottom belt.

See ConiAiatian Fonn (MSHA Fonn 7000..3al

[]

9. ViolaHon

8. Section
oiAct

C. PartfSectlon ol Tdle 30CFR

75.1101 -S(c)

No Likelihood B. Inj ury or ~lness coukf reasonably be eJCI)!!Cied to be: C Significant and SubStantial: 11 . Negkgence (check one} 12. T~~ of Action

L1

Unlikely

)!]

Reasonably I.Jkely

C
Vi

Highly Likely • •.
Permanently OISab~ng

Occurred [ }

No Lost Workdays No

i.J
"'j

Lost Worlldays Or Restticled Outy

i ,;

Fatal

:..J

0 . Number ol Pef$0ns Affected:

002
1

A. None

l.:l

B. Low f_!

C. Moderate ~

0. H9h i ;
C~aHon

E Reckles& Disregard [ Safeguard

104(a)
B Order [ • C. Safeguard

1~- Type of Issuance (c:heck one}

Y.j

Order ! ]

n

Written NotiCe

•J

a. ln'r.ial Action
A. C~ation

0

L

0 . Written Nolie& !~

E. Cilationl Older Number

F. Dated

Mo Oa Yr

(b) (6) (b) (6)
S. Time (24 Hr. Clock)

(b) (6) (b) (6)

(b) (6)

entorcoment adions. Tlle

-

In 8CQle Smal Busoneso RegutaiOt ICIN!Ii!lo 1me1 """" """" ageneyr , . _ to smallbusonesa. )0<1 wisllto CD1MlOfll on tho acticns d MSHA, )0<1 may call 1·e&e·REG-fAJR (1-3158-734-3247), 01 wrilellle Ombudomon a1 SmalllusiMaNlr-tlon. 0:!1::8 of 111e Na!ional Ombudsman. 409 3posed p6l1alties- oblain a '-"v belOit 1he FoaeuslneSWS Bbotrt ledo .......ay ...WieS enfn. DC2001S. Please note, -.lha1yourrigi1110111u commenlwillllhiiOmlludsmanlsin L ngilt to conteel citalions al'ld - e e l ,....Ilia ond ol>laift a hearing before the F-IAino Safely and Health -Commission. ....

S::ee~,

"'SINf-. •-lOony-

-10

rights you may~-. including

ATTACHMENT B

32

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA MineiD

District

Coal District 5

(b) (6) ~]

Date

(b) (6)

~

J

Mine Citation/Order

U.S. Department of Labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

The fire suppression system provided for include the d i scharge head.

S.. Continualian Form (MSHA Form 7000.3a) [l
9. Violation

8 . Section
of/ld.

c. Part/Section of
Tille 30CFR

75.Il03-9(d)

No Uke!ihood

0

Unlikely

il)

Reasonably l.ilcely

0

Highly Likely

[l

Ocamed

[J
Fatal ·

lost WOtkdays Or Restricted Duty ~
C. Significant and Substantial:

Permanently Disabling

U

Yes [J

No~

D. Number of Persons Affected:

002

11. Negligence (check one) 12. Type of Action
14. Initial Aaion A. Cdation

A. None

fJ

B. low !]

C Moderate ~

0 . High

0
Ordat [j

E. Reddess Disregard

f.J

I04(a)
B. Order r C. Safe!]Uard

13. Type of Issuance (chec:l< one)

Crtation

i'j

Safeguard

0

Wntten Notice
Mo Da Yr

C

0

0

0 . Wntten Notice -

E. Citation/ Older Number

F. Dated

15. Area or Equipment

(b) (6)

B. rome (24 Hr. Clock)

(b) (6)

(b) (6) (b) (6)

MSHA Form 7000.3, A(!' OS (revised) ac:cc>mmet~l on tne you Mlorcernenl adions of MSHA. )IOU may cal!.aaa.REG-FAJR (1.-..734-3247), or wrilo U1e o-.lsman It Smal 8uoinen Arlnoiniolralion. Olllca d lhe IQUor\al OrnlxldSrr.an, 401 3rd Slreel. sw I.IC 2120, w~n. DC20418 PlaaM note. . lllalycur rigllltollle a c:ornmontwilh !he ombudsman is on ad--

(b) (6)

_!!...._

ATTACHMENT B

33

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA MineiD (b) (6)

District

Coal District 5

Date~

(b) (6)

J

Mine Citation/Order

U.S. Deoartment of Labor Mine Safety and Health Administration

(b) (6)

(b) (6)

(b) (6) (b) (6)

(b) (6)

(Contrador)

3. Condif;On Of Practoce

Sa. Wrillen Nolica (103g)

; 1

The fire suppress i on system provided for the TS belt drive did not include the di s charge head.

See Coolinu"""" Fetm (MSHA Form 7000.3a) 9. Violation

0

B.Sec:lion ofACI

C. Pa111Seelion of

nde30CFR

7S.II03-9(d)

No lil!ishecla Na1ioo1o! Smal !IUStMSS !!1<1 ~~Qntutture Regulatory Ombudsman and 10 Rogional Fairness s-ao., receiwe """""'lf1' from srr.all oboul- ogency enforcement actiooL n., 0.'!1bud!nlan anoually ovalua1es enforcement ae~atSmalllltlsinessAdmintolralion.OII'C4o(tllo~~.40113rd

p""""'"' l)eNitios

anct oo:a;n a -ng

-·that ycu riglll10 comment wll11he Om!xJclsman ia m addition 10 any"""' rigll!5,.,.. may nave,lnclucf;ng -..tt>e F-..,.., 5afety and Hsoltll
~loa ~- ~

ATTACHMENTB

34

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA

District

Coal District 5

(b) (6) I MineiD ~

Date

(b) (6)

J

Mine Citation/Order

U.S. Deoartment of Labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6) (b) (6)

fire suppression sprays provided for the TS drive were not installed co pro~ect the bottom of che top belt. The sprays were angled down, allowing them to only spray on the top of the bottom belt.

Sea Continllollon Fonn (loiSHA Fcmt 7000-la)

fl

B. Section of Act

C. Part/Section of

Title 30 CFR

75.1101-S(c)

No loklllihood

[.J

UnliJcely ~

Reasonably likely

0

Highly Likely

0

No lost Worlckless Disregard []

12. Type of Action
14. Initial Action

J04(a)
9 . OJorcemenl F..,_Ad of 1998. the Small S.siness AdmH\islnlbon nas - - 1 National ~ a:td ~.., Re;rJiafcty Om!>!l!!smon and 10 Regional Folmeu BoefOSIO reoewe corom- f1l)fO- .....,._obaul toderal. , . - - The Omtludlman aMe " " ' - adians o1 MS11A. you ""Y call I~EG-FAIR (1-388-73-1-3247). otwri!eme Omblldsrnan at Smals..s.n-Adminlslrallon. O!llce o/1!18 Nallonll Ombudsman, 40ll3e Omlludsmln os., addition :0 any CCI>er riglliS you may have. inc:lucirq Slreot, SW MC 2120. Wash"'VIOft, OC 204111. Plene ~. b"tt rigttllo contest citbi>ons and p!1)pOSed penallioS and otllaln a heatin9 betoGe (check one) D. Written Notice Cdat10n ;.;) Order LJ

E. Recll1al Faimn$ SOard$ to~"""""""'" from small buso- aboUt agency enforcement acllona. The Ombudsman amuaJly ...,...,_ ~ aciM:Ies and rates each~ responsiveness to smalbuslnesa. lfycu wish to~ an tna sn1on:enwrt ac:liont ol MSHA. ycu 1N1f c:aii1..SSII-RE~AIR (1 -734-32~1). or write the Omtludsman ~ Smal & - . A:IIIIIMiratlan. Olfice rA tho NoOooal ~smon. ~og 31~ s~ SW MC 2120. Waninglon. DC20416. h - . tnatycurriglll1oflle oa>mmer~~wilhtnaOmbudsman is in .-~c a.>y- ngldlyou """""""· including !he right to c:on:ut ci:lolicn$ and a n d - a hoarin:l Defm........,.,_

-lion f-

Please"""' Pf!IPOMCI--- ·

AIT ACHMENT B

36

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA

District

Coal District 5

(b) (6)
MineiD

Oat~ J

(b) (6)

Mine Citation/Order

U.S. Deoartment of Labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6) (b) (6)

The plug prov i ded for the Mac 8 charger located at :he T7 drive was not being maintained in safe condition . The cable was restrained where it enters t he back of the plug, allow strain on the 480 volt AC conductors. The conductors could be seen through the open ~ ng in che plug. This charger is used on a regular basis to charge the section mantrip. A person will receive serious injury when contacting the energi zed conductors. The charger was removed from service.

s- eontinualicn Form (MSHA Form 7ooo-3a> n
9. VIOlation

B. Section

C. Paft/Sedlon of
Trtle30CFR

of Ad.

75.512

No liketmood

0
No

Unfikely

[J

Reasonably Likely ~

Highly Likely [ ]

Lost Wortcdays Or Restticled Duty

'!!

Permanently Oisabllng

C

Falal

C

C. Significant and Substantiat
11 . Neglogence (check one)

Yes

Y.l

CJ
C. Modarate ~

D. Number or Persons Affected:
0. High

001

A. None

:J

B. Low ,:]

lJ
Order [)

e

Reckless O!sregarcl

Q
Mo Oa Yr

12. Type

or Aaion

104(a)
B. Ordar ("; C. Safeguard

13. Type of Issuance (checlc one)

Citation ~

WrittenNobce Q

14. lnrtial Aclion
A. Citation

.'J

Q

E. Citation/
0 . Written Notice

[j

Order Number

15. Area or Equipment

16. Termination Due

(b) (6)

9. Tome (24 Hr. Clock)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

MSH.I. Form 7000.3. Aprll8 (revosed) In aca>nlanionsaflhe Small Business Regulatory En-faimessAdol19911. the~-- !las il51at>lis.'leda Nnona&Sma~SU&ir.essarodA;-.~~:wt lORegiona!Faimou-10....-eive- fmnrsmollbcJIInesaesaboulfedeudoman. 400 ltd Street, SN MC 2120. Waohing!Dn. DC 20o418. Please ncbt, - · i11a1 yoor nglll to tile a""""'*" Wl1hlhe Ombocll c:itatlons- Pft>POMCI p8'llllcs antiDIIQWI a nearin1J t>eltn N F - r.lne 5alely oncl Healll>- Comrnlssion.

ATTACHMENTB

37

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA MineiD

District

Coal District 5

(b) (6)

(b) (6)
Date-

J

Mine Citation/Order

U.S. Oeoartment of Labor

Mine

and Health Administration

(b) (6) (b) (6)
6.COfAct

C. Pact/Sec:lion ol Tilla 30CFR

i5.400

A. Injury or Illness (ha$) (is):
B. InJury or illness could reasonably be expecled ro be:
C. Significant and Sub$tanbat

No Likelihood

CJ

Unll~ely ~

Reasor.ably Likely

C
VJ

Highly likely

CJ

Occurred

fl
Fatal

No lost WoOtdonce- illejiiOVlSO!Sd IMSmoii.Bus!nass Rogo.talolyEn- Faiey entor.:ement "'*"'- The~ •MUaly erVon:ement- and , _ e.xil ogonc(s respoo ..,..,,... to small busoneu. ~ )Ql wish to """'mont on tna enf"'-OCIIons oiMSHA. you maycal1-8fi8.RfG.FAIR (1.aaa.7J4.32•7l. or write llleOmlludS1111n a!SmalllusonestMmnSlnltoftn Ill& Fedetal Mine Safety 8llO He•Uh CcmmiSSiOn.

••:ablishod •

MSIIA Form 7000.3,Apt08 (t.......,

.......,.tes

ATTACHMENTB

38

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA MineiD

District

Coal District 5

(b) (6)

Date

(b) (6)

J

Mine Citation/Order

U.S. Deoartment of tabor Mine and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

The cable provided for the lights along the walk way at TS drive was not adequately i nsulated. The 120 volt AC cable provided fer the lights had uninsulated conductors exposed. This area is traveled by miners each working shift. A person will receive serious inJury from electrical shock when they contact the energized conductor.

9. v;oration

B SectJon of Act

C. Part/SediOII of Tdle30CFR

75.512

No likelihood 1~

Unlikely

0

Reasonably Ule ~ 11 Str.aiBuslnessAudstnan. 409 :ltd S!rfoal SW MC 2120, Waollinglon. DC 20418. Ploaenoflt, . lllai)'OUI' rightloroltta commen!witn the Ombudsman 10 in acld.b to ""Yoflet ~you mayt.a..,IIIClJCII!>g C\0 ng!lt IOcon".est dlaliont and--'~ 111'4 ob!ain a~ before tile Feded a N31iooal Sm•n 8\ltiness and Agricullu.-e ReguootO (t.ISHA Fom> 70QG.3a)

0

9. Violation

a. Section
ofAc:t

C. Part/Section of Trtle 30CFR

75.514

No Ukelihood

CJ

UnUkely

:l?.j

Reasonably IJicely

0

Highly Lllcely

0

Occurred

0
Fatal :""]

a . Injury or 1Uneoss could rea. sonabl be expected lo be:
C. Slgn•ficant anc Substantial:

No Lost Wollecl< one)

[J

Written Nola

14. lni:ial Action A. Citation
1 &.

O

j

C. Safeguard

D

D. Written Notice

[J

E. Cilalionl Order Number

F. Oated

A<•a 0< liquopmont

(b) (6)

(b) (6)
S. Tome {24 Hr. Clock)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)

MSHA Fona In 3CCOlsned a National Sinal and Agric:ullute Regulalafy OtrO.dsman atld 10 Rl!gJQ'IOI Fairness iloaras 10 rec:e/W comtnents ~small businos..., oo/orns. ~ ~ lltii>UOIIyewluateo onbPOS«J ~and ol>lain • ~ l>ofutelhe

Street. SW MC2120, WashingiOtt. OC20416. Please nola,"""""""· INII)'Oirr.gh! ID!ileaoommentwof/1 ltleOml>udsman1Son-1oanyolherr¢to)'OUmayhaw i!\clucllng e.

F-

Mine Safely and Hea/IIIR-Comt~~iSsicn.

ATTACHMENTB

40

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office

District

Coal District 5

(b) (6)
Vansant, VA MineiD

=:J

(b) (6)
Date

J

Mine Citation/Order

U.S. Department of Labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)
~

(b) (6)

8

Cor Oa Yr

12. Type of Action

J04(a)

13. Type of Issuance (check one)

-lJ

C J

'llin11en Nolice ("

14 . Initial Action

A. Ciiation i j 3. Order
; 5. Area or Equipment

U

E. C~ationl
C. Safeguard

F Dated

[.J

0. Wri11en Notice

Q

Oilier Number

16. TerminationDue

•

lA

SOCion 111-Torminarion"""""

Oal- rI
.

(b) (6)

L-------------.L..------------------

~- Time (24 Hr. Cloc<)

(b) - (6) )

17. ActiontoTermina!e

A bulb has now been placed in the l ight, and the energized components a~e no longer exposed.

(b) (6) (b) (6) (b) (6)

(b) (6) (b) (6)

MS~ l=otm 7000-3, Apt 08 (rt:vised) In .1c~~ Wt." tr-.e prov~saon~ of tf'ls SrTW! B~ Regulatory E."''lo~ Fairness AC! of 1996, lhe SmaH S~ss AdtNnisl:-ar.on has es!at:l:sh&d 1 National Small Busir1e!:s ar.c ,,gncunurs Re.;uta:oty Or:tbuesr."tan and 10 ~~ Faitr.css &:a~ :o :e:a.::...-e o::>:n:n~:"JS ~c..":'! !Or.".al: !:Y:.ir:eslC$ abovt te~atal ~gcnt:y eo~c:~ acatons. !he O-nttuctsrnan l!JI"ln:..aUy eva.icare.s en!art:emenf aczivtties and razes eat:l ~gancys :es;;JC)Osi-.-eness 10 .srnau buS~o-w:s:s. It you Vllist.1o eorNnent on :t10 enle<"ea""'nt adi:>ns a! MSHA, )o Nat;onol Oml>u:isman.  a!ld 10 Reg""'"' Far.o.u Boatasto tvce•oe """""""'" fn>m """" - . . s aboo.'!t acb:on$ o1 MSHA. you may eoi11·88&-AEG-FAIR (1·888-734·l24n or wr.tolllo Onltluds"""' •• St!lafl e ...,.•• Adm!Mtrabor!. or.:ooe ollne Na:ional Oml>lldsman, •09 :ird Street SW MC 2t 20. WiUlli"91Dn. DC 20416. ?fuse l¥llo. - . . ,. that )'OUt right 10 fifo a """"'*'I .m the Om!luclsman IS on adol:ion 10 any- :igh'.s you mav have. on;luding .... rogn! :o ~ ci'"'trons arod ptOOCSOd penaltias and ..,...., a heaMQ o.to<• the F..u.r.t Mit1t Sofoty ~ ln.
enforce~ act.0.'\1.

ATTACHMENTB

42

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA Mine ID

District

Coal District 5

(b) (6) c-.~

Date

(b) (6)

J

Mine Citation/Order

U.S. Department of labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

The man bus (3 man jitney) did not have reflective red material on end of the ~achine.

ei~her

See Conti."Uatio.'\ Fo:m {MSHA Fo"m 7000<32)

Ci

9. Violation

B. Section of Act

C. ParVSection of Title 30CFR

75.1719-4(b)

10. Gravily:

A. l11jury or Illness (has)(is):
B. Injury or illness could reasonably be expected to be: C. Significant and Subslan~al: 11. Negligence (c.~eck one)

No Ukelihood

1-::
0

UnHke!y

:)6

Reasonably Likely

CJ
f-d

!'iighly Ukely

iJ

Occurred 1.

No Lost Wori~~SI>ed a Naticr.al SIT'...U and Agr~e ~tOIYO:n;..,..sman ani! 10 Reg;.."'laa Fa.-ras 6oa:4s1C f:em s.=tl 1«04'\eous :bout foo..al •9ontY acoons. The Omtl<.dsman annually evaluates enl~e"'*" actM\Ies and rates eacn D;encvs re~ns 10 ~• bt.m.~n. tf ~ Wl:sh to comment ot1 the enfOnS olloiSfiA. you rrJYcall 1·884-REG-FAIR (1-888-734-3247). orwril& !he ~smanat S:nd ~~ Mmlni$1talion, Offi;e of~.,. Notoonol ~Sft'ao, «l9 ltd Street, SW MC ~120, Wu~. DC 20$16. Ploa&e 11010, !>:>Mver, 1t1a1 'fOe ~ 1$ln adilition to Of!YO!hef "'Jh!s yoefote llv Federal Mine Safety and HUJIII Relliew Commi:sion. c'e •ight It contest c:Uhot\S a""
enfo:cem~

.,._.ed

ATTACHMENTB

43

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA Mine ID (b) (6)

District

Coal District 5

(b) (6)

J

Mine Citation/Order

U.S. Department of Labor Mine and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

Accumulations of combustible material i. n the form of float coa l dust and loose coal was present on the 001 ~~u starting at S.S. 8271 a:.d extending inby 150 feet in each headi ng. The accumulatio:Js were on tt:e roof a nd floor in the area and ranged in depth from .25 inch to 12 inches.

See Corrti.'>tJaloon fonr. (fJ.SHA Focm 7000.38)

;. Violation

8. Section of Act

c. Par11Section or T• ~e 30 CFR

75.400

No Ukelihood [

'"!

UnliM:h the provtsions of the SINIMBusi..,ess Regt.eatoty Enfl)t""'".....etflent Fauness Act~ l9fMi. tne Small: 8LISit'less AomruJtra.toon has es:aatishtd a National Sm;,ii ~nus and Agricult:.~~6 Rbi\ita.L,)("t O:n!Ju.::lsn".an :J'td 1o RegKl:~ f ~i:f".os:s Sc.a.'"l:!s ~ t~':IG C'""...tnrn::r.l-s !t:J:!\ ~I ~ns~ses :t~~ 1~~.., l'l~ eMorce"""'-01 actions. TM C>tnbu:t$.-nar annually ev~uates t:'\forcem-..nt ar.ttvlhes and rates each agency's resportSNencu ro small busWltiU. tl' -,.,u ~sh t) C;)rl\.'Tlef1t on tne onf<>elll a=ons ot IIISHA. )00 may caU i-!18&-REQ.FAIR (1.aa&-;34-324n Ol'wr•!o t"- Om~>u<~.,., at Stnalau..nes. Allmlnisllalion, Cl1ice :>1 t~ NallOnOll Om!>Jdsman. <09 ltd S:ree!, SW MC 2120. Washington, DC 20416. Please oota. however,ll".at "fOil tight to file • c:onvnont ""lh !he OmOudsman is"' ad:!ition 10 aoy otne< .ogh!J """may nove. >nduding o>e tight to confnt ciloliono af'd prCI)OSOd ob- • nuring I>Ofnd Hul!l'l C<:lnmiS"""-

-

(b) (6) (b) (6)

""'''W!S ...:

rr...

ATTACHMENTB

44

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA MineiD

District

Coal District 5

(b) (6)

(b) (6)
Date -

J

Mine Citation/Order

U.S. Deoartment of Labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)
u, ~u""" '""- • .....

(b) (6)
(Contractor) Ba. Wm:en Notice (103g)

Evidence shows • hat adequace On-Shift Exam1nations have net been conducted of the T6 Conveyor Belt rlight. The following condit i ons were observed during today's inspection o f che T6 Conveyor Belt Flight. Accumulations of coli'.bustible material in the form of loose coal and coal float dust were present under the T6 belt starting at the back of the drive and extending in by to the tail piece, a distance of 560 feet. The accu~ulations ranged in depth from 1 inch to 12 inches and were 60 inches wide.

See Con!inuaboU may caG 1-&U~AIR (1-8811·734-32471 ot ..,;10 1ht Omburloman •i Smail l3uslnon Admniottal>on. Qtl(ll c1 the N•""''\01 Otnbu:f""""" ~OS Jrd Street. SI'Y MC 2120. I'Ya...,IJlOn. DC 20416. Plea.. note, -~~. that)<><.< I>Qhllo filo a c;or:1tlleJll W>lh the Ombudsman !S >n aadr..,. to any other ngllts you may """"· >ncluding :roe r•g»~ to contest cita~ons alenal:ieo onc1 obtain a hUti"q bofore 1ne FoderaiiAir>o SaietV and H•-".h- Commoss;,n.

ATTACHMENTS

45

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant,VA

District

Coal District 5

(b) (6) I MineiD ~

Date-

(b) (6)

J

Mine Citation/Order

(b) (6) (b) (6) (b) (6)

(b) (6)

The unattended Caterpillar backhoe, serial f 5PC10388, model t 416, parked outside the scale house at this mine on a grade of approximately 5%, did not have the wheels turned into a bank or berm and the equipment was not blocked against motion.

I
tO. GnMiy:
A. Injury or lar- (!Ia) (II):
8. Injury or'*- could !O!I!b!y be !!lf!!C!!d 10 be: C. Significant 8lld Subetanllll:

c.Tlllt30CFR ~~~ P8lt/Sec:IIOn
RIIICIIIIIIIJ ~

77.1607(n)

No Llldloocl

0

Un"*r

~

0
lit!

Hlgllly ~

0

Occutrwd

0
Fatal
()()I

No LDit ~
Ytt

0

LDit Workday~ Or RIIIIIIC:IId Duly

0

No !i1)
8. low

I

l'wmanently DINIIIinO

0

Ci

0 . Number ot ~'Mona Alrachld:
E. ReddiQ 018regalll

11. Neg~QI (c:lledl-)

A. None

0

0

c. MocleNie lit!
0
E. Cltalionl

0. Hlgll

0

0
MoOa Yt

12. Type tA Adlon
14.1nitia1Acllon

I04(a)
8. Order

A. Citlllion

0

0

C. Sarllgllllll

0

F. Dated

D. WriiiMt Natlol

Older Number

15. AIM or Eqllipment

(b) (6)

8. Tlme(24Hr.Ciodl)

(b) (6)

were
(b) (6)

blocked against
(b) (6) (b) (6) (b) (6)

(b) (6)

ATTACHMENTB

46

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office '---V-'-a;;;;:nc.:.:sc.:.:an;;.;.t;;!.....;.V::..:.A=--.-ll Mine ID ,

District

Coal District 5

(b) (6) ~

Date [ -

(b) (6)

J

Mine CitatiOn/Omer

U.S. DeNrtment of LabOr Mine Sefety end Health Administration

(b) (6) (b) (6)
a. Condilon or Pracllca
12. llme-(U_tfl_.Cioclt) _ _ _ _

-f._r----'1_3·=--~ (b) (6)
(b) (6)

I

(Connelot)

a.. w~ NCitice (103gl

i •

The unattended International Mechanics truck, Company number 489, located outside the scale house on an approximate 5% grade did not have the wheels turned into a bank or berm and the equipment was not blocked against motion.

9. Violation

. =~
A. Healll

I

o

I
No U!lllihood

See Conllnulllan Fann (MSHA Fann 7Q00.3a)

::J

c.Tlle30CFR Df PIIWecllon
R-.bly Likely

77.1607(n)

10. G!8vily:
A. lnjuly or ran.. (ha) (Ia):

0

Unlllcely ~

0
!it}
jD. NumberDfPMonaA«.ddd:

B. lnjiJIY or lllne• aould rnsanably be !llf!!CI!d Ia be:
C.S~IndS~

No lolt Warlldayl

O

L.all WDIIIdaya Or~ Duty

v..
A. NDIII

o
a. (ow 0
13. TYIJI olu- (dledt - )

001

11. Hegigencl (dllck Dill)
12. Type Df Acllan

0

D. High

0

E. R8ddlu OiMg8ld

0
MaDa Yr

104(a)
8 . Otdlt

tglon.OC 20418. - . -. - · .._._rigiiiiDftle8cammen1-llle~laln -~~~"'1-rtghla)IQUrMV-.InduciOIO
_ . _ _ . , . . , . _ . , . _ _ _ ·~- ... -MneSaflty.ni._~Commlaion.

~adiOIIS Ilea-with . . ~lain- II> llft_itglllo _ _ _ _ lnclucllllg lhellgllttJ~ ~endpftlpOIICI...--llolara ... Fedlni .... Safely • .._~Conlmlslion.

__ MC2t20, Waii0Jglon.DC20•"8. l'leaMnalt. (t-7SWZ47). ......,...,MSHA. ycumer ... Shel. SW

and,.. Ot_ .. ----riOhl

.......

ATTACHMENTS

50

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office

District

Coal District 5

.____V_a_ns..;...a_n~t,-'V-'-A.:..__.I

Mine ID

(b) (6) ~=:J

(b) (6)
Date -

J

Mine Citation/Order

U.S. Deoartment of Labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

(Conltac:tor)

A safe)means of access was not provided on the 2nd.floor of the load out a hole approximately 18 inches in length and 6 inches in width was present in the walkway floor and also a hole approximately 10 inches in length and 5 inches in width was present in the walkway floor of the 1st floor. The operator stated these were used to remove the larger size materials from the floors.

9. Violation

I OUIIICn

A. Heallll I Safety~

77.20S(a)

10. Gravity:

A. Injury Of Illness (hils) f•):

Ho LikelihOod

0
No ';;;;]

Reasonably Ulely 1

Highly Likely

0

Oc:cur111d

0
Fatal

B. Injury or i l - could re• sonably be !qJ!C!!d to be:
C. Significant and Subllantlal:
11. Negligence (check one)

Losl WO!kdays Or Reslricted Duty ~
Yes

Permanenlly DilatlfinO

U

fo. Numberot"-AII*:IIIcl:
D. High

CJ

[1

001

A. Nona

0
[.l

C

E.~ Di8legaRf

U
Mo Da Yr

12. Type of Ac:lion
14. Initial Action A. Cilalion

104(8)
B. Order

n

0

C. SafeguaRI

D. Wlitlleli Notice

[J

E. Cbllonf
Older Number

F. Dalllcl

15.MiaOt~

(b) (6)

B. Tome (24 Hr. Clock)

(b) (6)

MaO. Yr

I rB.

_!24 Hr. c1oc:1c

(b) (6) (b) (6) (b) (6)

ATTACHMENTB

51

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA

District

Coal District 5

(b) (6) Mine 10 ~

::J

(b) (6)
Date

J

Mine Cltalion/Order

U.S. Department of Labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6) (b) (6)
I

aa. w~ Notica !t039> When checked with a continuity tester the last electrical outlet on the left side of the 1st. Floor of the load out showed an open ground. This was a 120 volt circuit.

i

9. VIOiallon

I

A. Health ]

SafelyQj

I
No l.ilceillooel

See~

Fonn (MSI(A Fonn 7~3a)

c. rdii30CFR of PartiSedion
0

Other[]
tO. Gtavily. A. Injury or I . _ (llaa) (Is):
B. Injury Of iiNu could reasonably be expected to be:

77.700

IJ

Unlilety ~

Reasonably Ulcely

No lost Worlldaya

Q

Losl Wcndaya Or Reslridad Duly ~

C. Slgnillc:allt anct ~
11. NagllgenQI (dledt one) 12. Type of Action
14. Initial AdJon A. Cila1ioft

Yes U
A. Hone

[J

B..._ 0
13. Type of 1 - (c:llec:lt one)

I

0. Number o f . . _ Aft'edlld:

00 I

104(a)
B. Order

0

O

F. Dated
C. Safllguanl l j D. Wrillen NoCice

Mo Oa Yr

ts. Ala or e...-

(b) (6) (b) (6)
B.

rome (24 Hr. Clock)

(b) (6) (b) (6) (b) (6)

AITACHMENTB

52

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Vansant, VA Mine ID

District

Coal District 5

(b) (6) ~

(b) (6)
Date

J

Mine Citation/Order

U.S. Department of Labor Mine Safely and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

The small compressed gas cylinders stored in the parts trailer had not been disassembles and the covers installed.

9. Violation

I

A. Heallh

Sefelyiilj Otllec[J

o

I
No Ukslillood

c.lbi30CFR of PaltiSedicMI

n.208(e)

10. Gre'lity:
A. Injury or lu..& (has) (iS):

0
Last WOikclaya Of Reslricled Duly ,~

Highly Likely

[J

Occuned

0
Fatal

B. lnju