Contract miner/driller Robert Comer was working with a crew to construct a mine shaft at M-Class Mining’s MC No. 1 operation September 23, 2009, when he fell about 28 feet from a work platform to the bottom of the shaft.

“A section of steel grating covering an opening in the center of the [22ft diameter] platform was removed to facilitate the removal of the concrete remix,” the agency said.

“Comer fell through the opening to the bottom of the shaft. He was wearing a full-body harness and a lanyard, but the lanyard was not secured (tied off to a suitable connection).”

Crew members interviewed by MSHA said Comer, an employee of Alabama contractor Cowin and Company, was still conscious and talking when he was brought to the surface.

He was airlifted to a local medical center, where he died from his injuries at 10.48pm the same day.

Federal investigators noted there were several potential tripping hazards on the work deck at the time of the incident, including a nylon sling, a concrete vibrator hose, a wood board and a ladder.

While MSHA believes these items did not contribute to the worker’s fall, it is possible that he could have tripped on the toe board surrounding the bucket well opening.

In its root cause analysis, investigators found that policies and procedures in place did not ensure safe work practices in the shaft where there was a danger of falling.

“An opening through which a person could fall was present in the work deck and management failed to ensure that fall protection was utilized,” MSHA said.

To rectify the issue, the contractor submitted an addendum to the approved shaft sinking plan, detailing a 100% tie-off policy for all shaft workers.

Proper training on fall protection equipment was also conducted, as were the requirements of the tie-off policy.

“The accident occurred because Cowin management failed to ensure fall protection requirements contained in the regulations, the approved shaft sinking plan, and Cowin's fall protection policy were complied with,” MSHA concluded.

“Although the victim was wearing a full-body harness and a lanyard, he was not tied off. Additionally, it is the consensus of the investigation team that the full-body harness was not being properly worn by the victim.”

The MC#1 mine in Franklin County, Illinois, under construction and non-producing at the time of the accident, will produce from the Herrin No. 6 seam, where crews were developing a slope.

A regular federal safety and health inspection was ongoing at the time of the accident.