D&C Mining’s underground operation in the state’s eastern Harlan County was issued five unwarrantable failure orders, one withdrawal order and 10 citations – six deemed by MSHA to be “significant and substantial”
In its report on the August inspections, MSHA highlighted a pattern of noncompliance at D&C regarding safety protocol and penalty payments.
The monthly inspections are targeted at mines the agency says require increased attention and enforcement due to poor compliance history, repeat violations, complaints, closure orders, adverse conditions and accidents.
Federal inspectors issued 255 citations, 13 orders and two safeguards at 15 mines last month, with 11 being coal mines.
For D&C, it was the mine’s 10th targeted inspection since April 2010.
Failure orders were issued at the operation for an improperly conducted pre-shift examination, an accumulation of combustible materials, a failure to comply with mine emergency evacuation training and drills, a failure on the part of the section foreman and another miner to wear a self-contained self-rescuer device, and a failure by the section foreman to perform the required daily calibration test of multi-gas detectors.
Among the significant and substantial violations were a failure to comply with the roof control plan, an accumulation of combustible materials, damaged areas in the power cord of a battery charger and misaligned conveyer belts.
Additionally, the mine received letters from MSHA notifying it of a potential pattern of violation in 2007 and 2008.
Last March, the US Labor Department filed a complaint against D&C in the US District Court for the Eastern District of Kentucky, alleging that the company owed $1.67 million of $2.7 million assessed in civil penalties for 1244 violations cited between January 2006 and February 2012.
After D&C failed to respond to the complaint, the department filed a motion for entry of judgment by default last July along with a proposed judgment.
The motion requests payment of the principal owed, penalties and interest and an order preventing D&C from “violating or failing or refusing to comply with any final orders” by failing to pay already delinquent penalties and future penalties.
D&C is also requested to post a bond to ensure the payment of future penalties and keep all property in which it has an ownership interest on site at the mine and not sell or move the property.
“Sadly, D&C Mining still hasn’t gotten the message,” MSHA assistant secretary Joseph Main said.
“Operators who continue to ignore sound safety and health practices, and fail to pay fines for assessed violations, will be subject to the toughest enforcement actions allowed under the Federal Mine Safety and Health Act of 1977.”
Federal impact inspections began in force in April 2010 following the explosion that killed 29 men at West Virginia’s Upper Big Branch Mine.
Since then, MSHA has conducted 492 impact inspections and issued 8800 citations, 865 orders and 38 safeguards.
