ARCHIVE

Operator, supervisors plead guilty to mine safety breaches

OPERATOR Manalapan Mining and two of its supervisors are awaiting punishment on misdemeanor and ...

Donna Schmidt

Manalapan Mining’s legal representative entered the company’s guilty plea on charges that it did not provide the proper equipment – canopies or cabs – to protect miners from a roof fall or rib roll at the P-1 underground mine in Harlan County.

It faces a fine of up to $US250,000 for its alleged wilful act, said Kentucky newspaper the Herald-Leader .

Former operations manager Jefferson Davis and ex-superintendent Joseph Miniard Jr pleaded guilty to similar misdemeanor charges and could be given up to a year in jail.

Miniard faces even further time. According to the Herald-Leader, he pleaded guilty to a felony charge for signing inspection reports that did not include notes of the mine’s dangerous conditions.

That charge carries a potential five-year prison term.

Former foreman Bryant Massingale pleaded guilty to safety violations in August and is awaiting a January sentencing.

US district judge Gregory Van Tatenhove has set a March sentencing date for Manalapan, Davis and Miniard.

All of the alleged violations occurred just weeks prior to the June 30, 2011 roof fall that killed 49-year-old miner David Partin.

US Mine Safety and Health Administration officials have since proposed almost $US600,000 in fines for the mine’s alleged violations relating to the fatality.

MSHA’s penalties for the violations included one for $70,000 and three flagrant violations at $174,700 each.

Flagrant violations, established under the Mine Improvement and New Emergency Response Act of 2006, can be assessed at a maximum civil penalty of $220,000 each.

Manalapan said earlier this year that it would contest the citations.

It also told the paper in August that company officials, as well as Davis and Miniard, were claiming innocence.

An MSHA spokeswoman did not return calls from ILN regarding the status of the fines and assessments.

“MSHA determined that the accident occurred because the mine operator failed to support or control the ribs to protect the miner on one of its mechanized mining units,” the agency said in July when the final investigation report was released.

“Additionally, the operator failed to conduct adequate pre-shift and on-shift examinations and ignored the hazardous rib conditions on the MMU.”

The agency said Manalapan failed to revise and upgrade its roof control plan for the operation’s changing geological conditions in the MMU.

According to federal data, the Pathfork mine, which was idled after the incident, dropped from 64 workers to just six employees in the quarter following Partin’s death. No production has been reported at the operation since the middle of last year.

TOPICS:

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

editions

ESG Mining Company Index: Benchmarking the Future of Sustainable Mining

The ESG Mining Company Index report provides an in-depth evaluation of ESG performance of 61 of the world's largest mining companies. Using a robust framework, it assesses each company across 9 meticulously weighted indicators within 6 essential pillars.

editions

Mining Magazine Intelligence Exploration Report 2024 (feat. Opaxe data)

A comprehensive review of exploration trends and technologies, highlighting the best intercepts and discoveries and the latest initial resource estimates.

editions

Mining Magazine Intelligence Future Fleets Report 2024

The report paints a picture of the equipment landscape and includes detailed profiles of mines that are employing these fleets

editions

Mining Magazine Intelligence Digitalisation Report 2023

An in-depth review of operations that use digitalisation technology to drive improvements across all areas of mining production