The agency issued 166 citations and orders at seven coal mines and one dimension stone quarry during February. The coal operations received 127 citations and four orders while the quarry was hit with 27 citations and eight orders.

These figures compare to a total of 377 citations and orders at 15 operations in January; of those, 208 citations and seven orders were issued to coal mines and 148 citations and 14 orders were issued to metal/nonmetal operations.

MSHA examined the performance of one Kentucky mine targeted in February, the D&C Mining operation in Harlan County. An inspection party visited February 18, its fourth impact inspection in 10 months, and subsequently issued 17 citations and one order – two-thirds of them for significant and substantial violations.

“A 104(b) order, which closed an entire section of the mine, was issued because the mine operator failed to provide a refuge alternative for miners on the active working section to use in the event of a mine fire, explosion or other emergency,” federal officials said.

“D&C Mining also was cited for an inoperable emergency communications system in the primary escapeway, as well as for a number of violations that presented a fire or explosion risk, including failure to comply with the dust controls portion of its ventilation plan, electrical violations such as inadequate electrical exams, and failure to follow its approved plan to prevent smoking articles from entering the mine.”

MSHA also spotlighted two operations where impact inspections had had a positive impact on performance.

In September 2010, the Fulkroad limestone quarry in Pennsylvania was issued 35 citations and one imminent danger order. At its next impact inspection in January, the complex had just four citations – a reduction of 89%.

WW Manchester Construction’s WW Manchester mine in Connecticut received 17 violations during an October 2010 impact inspection. Just one month later, a subsequent spot inspection resulted in no violations.

MSHA noted that not all mines had been as responsive to the effort, including Left Fork Mining’s Straight Creek No. 1 operation in Kentucky. Serious violations were found during both regular inspections and two impact inspections in April and September last year, and the mine subsequently received notice of potential pattern of violations in November.

“From November 19 until December 7, 2010, during another impact inspection, Straight Creek was issued 94 citations and orders, including 10 104(d) withdrawal orders and four 104(b) withdrawal orders for failing to abate prior violations,” the agency said.

The latter of those orders, by law, prohibits work except that being performed to abate a prior violation. As such, Straight Creek ceased production December 8, 2010.

“Since that time, Straight Creek has been issued more than 50 additional citations and orders, including 23 more 104(b) orders for failing to fix previously cited violations. Straight Creek’s potential pattern of violations evaluation period has been suspended until production resumes,” MSHA noted.

The Kentucky operation had also previously been cited for notifying staff of the onsite presence of federal inspectors, and received a federal injunction for the violation.

“MSHA has been conducting these targeted inspections for nearly a year and, while some operators have been responsive and showed a willingness to change, others continue to commit the same serious violations,” assistant secretary of labor for mine safety and health Joseph Main said.

“We are using all the enforcement tools at our disposal, but Congress has the capability to enhance those tools.”

The agency’s special impact inspections began in force last April following the explosion at the Upper Big Branch mine where 29 workers were killed.

The push involved mines that merit increased attention and enforcement by MSHA due to a poor compliance history or particular compliance concerns, including high numbers of violations or closure orders; indications of operator tactics, such as advance notification of inspections that prevent inspectors from observing violations; frequent hazard complaints or hotline calls; plan compliance issues; inadequate workplace examinations; a high number of accidents, injuries or illnesses; fatalities; and adverse conditions such as increased methane liberation, faulty roof conditions and inadequate ventilation.

Since April 2010, MSHA has conducted 228 impact inspections, which have resulted in 4268 citations, 396 orders and 13 safeguards.

Please click on the pdf document to the right of screen under related links and downloads to view MSHA's Monthly Impact Inspections List for February.