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Judge upholds Stillhouse Mining fines

THE Federal Mine Safety and Health Review Commission has upheld more than $US700,000 in civil pen...

Donna Schmidt
Judge upholds Stillhouse Mining fines

The penalties, totalling $761,000, were assessed by the Mine Safety and Health Administration for four flagrant violations found at the mine during a December 3, 2006 inspection.

The initial review of the mine’s conditions stemmed from an anonymous phone call to an MSHA field office regarding weak roof conditions. A subsequent inspection resulted in a citation for failing to follow mandated procedures after the mine fan was shut off.

In addition, inspectors issued three orders to the operator for intentional changes to the mine ventilation, including shutting off and turning back on the mine fan, failing to follow roof control plans and failing to conduct adequate pre-shift exams.

“No miner should be subjected to the kinds of conditions that were found at Stillhouse Mining,” assistant secretary of labor for mine safety and health Joseph Main said.

“Although the case was not resolved for more than four years, we are extremely pleased with the judge’s decision and will continue to use this important enforcement tool in our ongoing efforts to keep mine operators accountable.”

MSHA defines a flagrant violation as “a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory safety and health standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury”

Under the outlines of the Mine Improvement and New Emergency Response Act of 2006, known as the MINER Act, mines committing such violations are subject to a civil penalty of up to $220,000 for each occurrence.

Since the act’s passage, MSHA has issued 142 citations and orders as flagrant violations to US operations, 92 of which are currently in contest.

On Monday, the agency handed down $120,900 in flagrant violation penalties to Hidden Splendor Resources’ Horizon mine in Carbon County, Utah, which was cited last November for the inadequate weekly electrical examination of a conveyor belt drive motor.

In January, the mine was also assessed proposed penalties of $270,000 for two other flagrant violations resulting from a failure to conduct adequate pre-shift examinations.

“As this most recent case suggests, some mine operators still aren’t getting the message,” Main said.

“As long as they continue to put their miners at risk of serious injury or death, we will continue to use all the enforcement tools we have at our disposal.”

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