The US Mine Safety and Health Administration ordered the closure of K&D Mining’s No. 17 operation in eastern Kentucky as part of its impact inspections May 16 after finding dust accumulations, a broken methane warning light, conveyor belt fire hazards and dozens of other violations.
Inspectors also found little to no ventilation in the working sections of the operation near Highsplint, despite the inspection being its third impact review. In all, 43 citations and orders were issued, including an order to idle operations.
The mine is owned by Ralph Napier, John North and Jack Ealy, who previously owned and operated the Kentucky Darby No. 1 operations in Harlan County where five miners died in a 2006 explosion.
Kentucky Office of Mine Safety and Licensing spokesperson Dick Brown told ILN that the MSHA enforcement has drawn its interest.
“We are looking into the issues these developments have raised and what we can do about them.”
Industry lawyer and outspoken mine safety critic Tony Oppegard also sent a letter to OMSL executive director Freddie Lewis calling for due process and even license revocations for the mine’s owners.
“[I] request that OMSL, at a minimum, file disciplinary charges against foremen Hershel Napier and Phillip Wiggington and attempt to have their foreman's cards revoked,” he said in the communication sent late last week.
“The dangerous conditions that existed at K&D Mining's No. 17 mine – which jeopardized the safety and health of every miner working there – should not be tolerated by OMSL.”
Oppegard also urged the agency to filing disciplinary charges against Ralph Napier under 805 KAR 8:040 state regulations.
“It is my understanding that Mr Napier was responsible for the day-to-day operations of the mine. Certainly OMSL could subpoena Mr Napier and others – per KRS 352.180(8) – to determine the extent of his knowledge regarding these outrageous and unacceptable conditions,” he said.
Brown told ILN that the communication did not specify any timelines or deadlines for action, but that it continues to examine the issue.
“We will explore all of the options available to us,” he said.
MSHA assistant secretary of labor for mine safety and health Joseph Main, who confirmed that the mine reopened May 25, commented Friday on the mine’s performance in the surprise inspection.
“We should not be mining coal like this in this day and age in this country, when we know the consequences when these kinds of conditions exist,” he said.
While civil penalties have not yet been assessed for the violations at No. 17, MSHA data reveals that the operation has been handed down more than $US487,000 in penalties in the last two years.
None of those fines have been paid, and most are now listed in the agency’s system as delinquent.
Another $US700,000 in fines and interest stemming from the Kentucky Darby Explosion some six years ago also still have not been paid.
Local newspaper the Courier-Journal said earlier this month that the mining operators of Kentucky make up 40% of the nation’s total $73.6 million in unpaid fines.
