Scoop operator Robert Cook, 54, was filling in for an absent continuous mining machine operator on March 25, 2010 at Matrix Energy’s Mine No. 1 in Martin County and was positioning the Joy 14CM15 unit to begin mining a crosscut when he became pinned between the rib and the end of the conveyor boom.

“Although it was not his normal occupation, Cook was assigned to operate the left side continuous mining machine,” MSHA said.

“Cook had operated continuous mining machines intermittently during his mining career and was generally regarded by foremen and co-workers as proficient at the task.”

Officials did a review of the mine’s roof control plan and determined that policies regarding work placement to prevent worker injuries and death while continuous miners were in operation were in effect at the time of the accident.

Also, preshift and on-shift examinations required by 30 Code of Federal Regulations, Sections 75.360 and 75.362, had been conducted by an agent of the operator with no hazardous conditions recorded.

“The mine operator's administrative controls, training and policies in place at the time of the accident were not adequate to prevent the practice of operating continuous mining machines from an unsafe location,” MSHA concluded.

“The accident occurred because the victim operated [trammed] the machine, while being located between the right side of the conveyor boom and the coal rib.”

To rectify the root cause issue of ensuring compliance with the mine’s roof control plan, MSHA ordered the mine’s management to train all miners on safe work practices and procedures for moving and operating continuous mining machines.

The training was completed before normal mining operations resumed.

Matrix has also planned installation of Joy Mining Machinery proximity detection systems on two continuous mining machines at the mine.

A long-term plan, based on the availability and reliability of the Joy system, to address proximity protection on the operation’s remaining continuous mining machines has also been put into place.

The operator received a 104(a) for a violation of 30 CFR, Section 75.220(a)(1), for failure to ensure the approved roof control plan was being followed on the No. 2 section where the fatality occurred.

“Standard 75.220(a)(1) was cited three times in two years at [the] mine,” MSHA said.

The No. 1 mine in Martin County is being developed in the Alma seam at heights ranging from 42 inches to 84in.

The last regular safety and health inspection conducted by federal officials was completed on December 29, 2010. The non-fatal days lost incident rate for the No. 1 mine for 2010 was 4.52, compared to the national NFDL rate of 3.58 for the same period.