The US Mine Safety and Health Administration confirmed the settlement, outlining that the group, which accepted responsibility for the offense, pay $US100,000 ($A106,000) for a “high negligence violation” of federal regulations stemming from the pair of cave-ins August 6, 2007 and August 16, 2007.
MSHA investigators said in their probe of the incident that the miners were killed when roof-supporting coal pillars collapsed, creating an outburst that “violently ejected coal over a half-mile area in the underground mine tunnels”.
A federal mine inspector and two mine employees and mine rescue crew members also died in a second outburst 10 day later.
All nine bodies remain entombed in the central Utah mountain. The mine’s parent company, Utah American Energy and subsidiary Genwal – both under the operational umbrella of producer Murray Energy – permanently closed the operation after the incident.
The agency’s investigation determined that Agapito’s flawed engineering analysis led to inadequate mine design including unsafe pillar dimensions. Genwal and Utah American had submitted their mine plans to MSHA based on the analysis Agapito had completed.
Should the settlement be approved by an administrative law judge, it will bring to an end all legal proceedings brought about by the disaster. Last September, Genwal and Andalex Resources, also owned by UtahAmerican Energy, agreed to pay nearly $950,000 in civil penalties for violations from the Crandall Canyon collapse.
Additionally, Genwal pleaded guilty in a federal court to two criminal misdemeanors for a “willful violation of mandatory health and safety standards” and paid a $500,000 fine.
“With this settlement, Agapito takes responsibility for its role in the tragic mine collapse at Crandall Canyon,” assistant secretary for mine safety and health Joseph Main said.
“Since this tragedy occurred, the agency has made a number of enforcement, administrative and regulatory reforms to improve the health and safety of the nation’s miners, particularly in the area of roof control safety.”
A Murray Energy spokesman told ILN late that the producer had no comment on the settlement.
