According to the Associated Press, ICG subsidiary Wolf Run Mining was appealing a total of five lightning citations it had received from the US Mine Safety and Health Administration. While investigators looked to a lightning strike as the cause of the explosion that killed 12 workers in January 2006, MSHA concluded the violations were not contributory.
Commission judge Jerold Feldman reduced the fines associated with the remaining violations from $US4000 to about $1000 each and approved a $25,000 fine settlement for 31 other citations handed down to ICG for the mine, though all violations remained intact on the record.
ICG spokesperson Ira Gamm spoke to ILN about the Commission’s move.
“In his decision, the administrative law judge appropriately vacated or reduced a number of the citations,” he said.
“We are appealing the adverse portions of the decision. The key point to remember is that none of these citations were determined to have contributed to the Sago accident.”
MSHA did not respond to an ILN request for comment.
The Sago mine ceased coal production in March 2007, but was being maintained by a staff of three in order for state mining regulators to study lightning effects. ICG said last December the mine would be mothballed in the first quarter of this year.
The 12 men that died in the mine included David Lewis, Jerry Groves, Alva Martin Barrett, Jim Bennett, Martin Toler, Jesse Jones, Tom Anderson, George Hamner Jr, Marshall Winans, Jackie Weaver, Terry Helms and Fred Ware Jr. One worker, Randal McCloy, survived but was left with serious injuries.
Many members of the group were long-time mining veterans. They were the first regular production workers to enter the mine after a holiday shutdown and were found about 260ft under the surface and 13,000ft in at the Tallmansville complex.