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US Department of Labor completed August 2024 impact inspections at 14 mines with repeated health, safety violations, issued 253 violations

News Release from MSHA



Department of Labor, United States of America
 News Release


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U.S. Department of Labor  |  September 30, 2024

US Department of Labor completed August 2024 impact inspections at 14 mines with repeated health, safety violations, issued 253 violations

"Inspections identify 72 significant and substantial violations, 5 unwarrantable failures "

*WASHINGTON* – The U.S. Department of Labor announced today that its Mine Safety and Health Administration [ https://www.msha.gov ] completed impact inspections at 14 mines in 10 states in August 2024, issuing 253 violations.

The agency began conducting impact inspections after an April 2010 explosion in West Virginia at the Upper Big Branch Mine killed 29 miners.

Since 2023, MSHA’s impact inspections have identified 4,567 violations, including 1,261 significant and substantial and 87 unwarrantable failure findings. An S&S violation is one that could contribute in a significant and substantial way to the cause and effect of a safety or health hazard. Violations designated as unwarrantable failures occur when an inspector finds aggravated conduct that constitutes more than ordinary negligence.

“It is vital that miners play an active role in their safety and health by identifying hazards and reporting them to MSHA for investigation, appropriate enforcement action and abatement,” said Assistant Secretary for Mine Safety and Health Chris Williamson. “Impact inspections are a valuable enforcement tool to ensure hazards are corrected to keep all miners safe and healthy.”

The agency conducts impact inspections at mines with poor compliance history; previous accidents, injuries and illnesses; and other compliance concerns. Of the 253 violations MSHA identified in August 2024 [ https://www.msha.gov/sites/default/files/News_Media/Impact_Inspections/August-2024-Impact-Inspection.pdf ], 72 were evaluated as S&S and five had unwarrantable failure findings at mines inspected in Alabama, Arkansas, Indiana, Kentucky, Minnesota, Pennsylvania, South Dakota, Utah, Washington and West Virginia.

“The Biden-Harris administration has focused on educating miners about their rights, including the right to a safe and healthy workplace,” Williamson added. “Miners should continue to exercise those rights to protect themselves and their coworkers.”

The details of two August 2024 impact inspections at mines in Arkansas and West Virginia are as follows:

*3M Little Rock Industrial Mineral Products*

Operated by 3M Company in Pulaski County, Arkansas, the surface granite mine was selected for an impact inspection after recent hazard complaints and its compliance history. During an Aug. 12, 2024, inspection, investigators identified 35 violations of mandatory safety and health standards, including 13 S&S violations and three unwarrantable failure findings. Specifically, inspectors found the following conditions existed:


* Two untrained miners were found working at the site, leading to the issuance of a Section 104(g)(1) withdrawal order for the miners until they complete the required training. This type of order is issued to eliminate the hazard untrained or inadequately trained miners pose to themselves and others.
* A miner was found working 13 feet above ground without proper fall protection, resulting in an imminent danger order. In 2023, MSHA issued a safety alert [ https://www.msha.gov/preventing-falls-height-safety-alert ]regarding the hazards of falls from height and the life-saving importance of fall protection, but MSHA investigators continue to observe miners without fall protection. In June 2022, a miner suffered fatal injuries at the 3M Little Rock Industrial Mineral Products mine after a fall. MSHA learned the contractor employing the miner did not ensure that the miner used required protection when fall hazards existed.
* Several unsafe conditions were discovered and three unwarrantable failure findings issued as follows:
* A walkway area in the basement floor was not kept clean, material had piled up in the walkways and water was standing in the floor of each working area in the basement. Despite this dangerous area being closed off to employees, management ordered work to be done and inspectors found contractors inside the area.
* An operating conveyor’s head pulley lacked guards to prevent employees from contacting moving machine parts.
* The area below the #2 elevator where miners worked was exposed to falling material. While this unsafe condition was reported to the operator 12 days before the impact inspection, MSHA inspectors found the operator allowed and directed miners to continue work in these areas.

* Numerous electrical hazards were identified throughout the mine. For example, inspectors found cover plates removed or missing, damage to electrical conductors, blocked clearance to switchgear and switches with no labels. MSHA continues to remind all mine operators that safety standards require frequent examination, tests and proper maintenance of electrical equipment, and removal of potentially dangerous electrical equipment from service until any unsafe condition is corrected.

*Marion County Mine*

An underground coal mine operated by Marion County Coal Resources Inc. in Marion County, West Virginia, this mine was selected given its compliance and hazard complaint history. Inspectors arrived there Aug. 14, 2024, reviewed examination records and then traveled underground. MSHA identified 12 violations of mandatory safety and health standards, including five evaluated as S&S, and two unwarrantable failure findings. Specifically, inspectors found the following conditions existed:


* Accumulations of combustible materials throughout the mine, particularly on and around belt conveyers. Inspectors found accumulations of loose coal and coal fines in contact with numerous belt rollers that could lead to ignition. Inspectors issued an unwarrantable failure order for exposing miners to fire and explosion hazards.
* Previous examinations did not fully detect and report hazardous conditions underground along the belt conveyors and led to an unwarrantable failure finding. MSHA remains vigilant in ensuring operators conduct adequate required examinations, which includes identifying, correcting and recording hazards, especially where a reasonable likelihood of injury exists. A foreman died at the Marion County Mine in June 2021 when a portion of the mine rib sheared off and pinned him against a continuous mining machine as he tried to install a rib bolt. The incident occurred because the mine operator did not perform an adequate evaluation of the hazardous rib conditions to determine the safest corrective action and did not have effective policies or procedures in place to support or otherwise control mine rib corners effectively before the continuous mining machine had advanced enough to install rib bolts.
* Inspectors also observed unsupported roofs in several mine locations and found the head drive pulley of a belt conveyer guarded inadequately. In May 2024, MSHA issued a safety alert related to roof control [ https://www.msha.gov/unsupported-roof-safety-alert ] and continues to remind operators to install and maintain adequately designed roof support where miners work or travel, adhere to their MSHA-approved roof control plans and prohibit any work or travel under an unsupported roof.

Learn more about MSHA [ https://www.msha.gov/ ].

View MSHA monthly impact inspections results, including those for August 2024 [ https://www.msha.gov/monthly-impact-inspection-results ].

# # #

*Media Contacts:*

Frances Alonzo, 202-592-5261, alonzo.frances@dol.gov
Paloma Renteria, 202-579-1643, renteria.paloma.b@dol.gov

Release Number:  24-2049-NAT

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U.S. Department of Labor news materials are accessible at http://www.dol.gov [ http://1.usa.gov/1bujUtx ]. The department’s Reasonable Accommodation Resource Center [ http://1.usa.gov/1qcx9FQ ] converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).



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