The complaints were for Spartan Mining's Road Fork No. 51 mine in Wyoming County, Inman Energy's Randolph mine and Independence Coal's Cook mine, both in Boone County.
“Following each investigation, MSHA ordered the withdrawal of miners from designated areas of those mines and issued multiple citations for serious violations,” the agency noted.
“In an effort to make sure the conditions found during the surprise inspections were not tampered with, MSHA inspectors assumed control of company phone lines at two of the three mines to prevent mine employees from alerting their colleagues underground that MSHA inspectors were onsite.”
Each of the inspections across the southern West Virginia mines resulted from separate complaints which cited “serious disregard” for crews at each location, according to assistant secretary of labor for mine safety and health Joe Main.
"Mine operators who disregard mine regulations and the Mine Act put miners at risk and must be held accountable for their behavior, and MSHA will do everything in its power to make sure that miner safety and health is paramount,” he said.
Main said the most troubling aspect of the three complaints, which were filed anonymously, was the timing – all were logged within days of the Upper Big Branch explosion on April 5 which killed 29 miners. The cause of that incident is still being investigated.
The first complaint was received March 24, regarding the Road Fork No. 51 operation, and included details about Massey management running two continuous miners in a single split of air. Additionally, the operation was accused of mining into the face deeper than its approved plan, and it was reported that several face methane ignitions that were not reported to MSHA had occurred.
“As a result of the complaint and MSHA's surprise inspection tactics, the company was caught violating several mine standards,” the agency said.
“Eight 104(d)(2) withdrawal orders were issued for the mine's failure to maintain the minimum air quantity ventilation requirements, accumulation of combustible materials and roof control violations.”
In one instance, the operator illegally mined 8 feet beyond the approved 20ft of allowable depth. Miners were withdrawn from the sections and production was stopped until crews rectified the issues and the mine could be re-inspected.
The same day, MSHA received a complaint about hazardous conditions at the Randolph mine, with the individual alleging a small fire had occurred just days earlier.
Inspectors found inadequate ventilation to reduce coal mine dust and the potential for explosions.
“The practices were similar to those found at Road Fork No. 51 mine; the operator was also caught taking illegal deep cuts into the coal,” MSHA said.
“Nine 104(d)(2) withdrawal orders were issued for a variety of hazards, including inadequate ventilation.”
Federal staff confirmed that there was no air movement in some sections of the mine, caused by rolled-up line curtains for a distance of about 60ft. “Obvious” extensive accumulations of loose coal up to 20 inches deep were encountered, and inadequate on-shift examinations were confirmed.
“The section foreman was observed operating the continuous mining machine with the ventilation line curtain 29 feet from the working face where the plan required a maximum of 20 feet,” MSHA noted.
“Rock dust … had not been applied in seven entries to the required 40-feet distance,” it said, adding that miners again were withdrawn as the violations were abated.
Just days after the explosion on April 5, the agency received a hazard complaint about the Cook mine regarding water in the escapeway.
“Upon inspection of the mine, six 104(d)(1) orders were issued for taking illegal deep cuts of 30 feet into the coal face when the plan allowed a maximum of 20 feet, blockage of the primary escapeway with water, inadequate pre-shift and on-shift examinations, and excessive widths beyond the roof control plan parameters,” MSHA said.
“Inspectors also found that numerous roof bolts were sheared off and damaged, increasing the risk of hazardous roof falls.”
Federal 104(d) orders are issued to allow federal mine inspectors to order withdrawal of miners or non-entry due to the unwarrantable failure of the mine operator to comply with regulations.
According to the agency, an unwarrantable failure is aggravated conduct constituting more than ordinary negligence and is characterized by such conduct as “reckless disregard”, “intentional misconduct”, “indifference” or a “serious lack of reasonable care".
A 104(d)(2) order is defined as an unwarrantable failure withdrawal order. That order requires an inspection with no similar violations (known as a clean inspection) be conducted before it can be terminated.
On Tuesday afternoon, Massey Energy responded to the federal announcement, confirming the inspections.
“Even though Massey disagrees with some of the citations written, there were conditions found that did not meet industry requirements or Massey standards, which equal or exceed industry requirements,” a spokesperson said.
The producer also denied the incidence of a “small fire” at the Randolph operation, noting that it took regulatory violations seriously and would hold those in violation accountable.
“As the result of the issues found at the Road Fork No. 51 mine, one foreman was discharged, one foreman was suspended (who then quit) and two miner operators were suspended,” the company confirmed.
“At the Randolph mine, six miners were discharged, including the supervisor; at the Cook mine, a miner operator was discharged. These disciplinary actions are in keeping with our culture of accountability and safety first.”
Massey said that all actions had been taken well in advance of Tuesday morning’s announcement by MSHA. The company had also conducted additional training and internal unannounced safety inspections had increased.