Belt man and fireboss David Neal was working at Massey's Spartan Mining Mammoth Mine in southern West Virginia replacing belt rollers when the line began to move, causing the worker to fall approximately 40 feet into a coal pile. He died of his injuries December 14, 10 days after the incident.
According to the agency's 13-page report on the accident, fall protection was not in use when he fell, and insufficient alarms and stop switches were provided to warn of movement or permit an emergency stop.
In fact, the agency noted, it found shut-off switches at the scene to be broken upon inspection and also could not determine how or why the line started.
“Tests on the belt’s electrical control circuit were conducted by the accident investigation team," the agency said.
“There were no defects found that would explain why the belt unexpectedly started.
“According to testimony, the cross-hollow belt was off at the start of the shift; neither Mr Shelton [a trainee with the worker at the time] nor Mr Neal activated any stop/off switch to assure the belt would not inadvertently start during their work activities."
The WVOMHST issued four notices of violation as a result of their investigation for items they felt contributed to Neal's death. According to an Associated Press report Monday afternoon, the agency fined the operator $US4456 for the infringements.
Among the citations were $1700 for failing to lock the belt and turn off electricity to the area and $1250 for the worker's lack of harness and broken start-up alarm. Massey was also fined $256 for its non-working power supply switch.
Neither the agency nor the operator has commented publicly on the report. However, spokesman Jeff Gillenwater told International Longwall News at the time of Neal's death that its focus was on the worker's loved ones.
“Our thoughts and prayers are with the Neal family," he said.
The 85-worker bituminous underground operation in Mammoth, Kanawha County, produced just over 918,000 tons in 2006 with no serious injuries, three NFDL operator injuries, and zero contractor NFDL or fatalities reported, according to MSHA records.