The US Mine Safety and Health Administration announced late last week that administrative law judge Avram Weisberger sided with the commission and entered a judgment with penalties totaling $905,825 to R&D Mine Coal.

Federal officials initially assessed the fines in April 2007 for violations that contributed to the October 23, 2006 explosives detonation at the company’s underground anthracite coal operation in Tremont. The incident killed one miner, Dale Reightler.

The levied penalties were the first time the agency had cited violations under the flagrant violation provision of the Mine Improvement and New Emergency Response Act of 2006 (MINER Act).

According to MSHA’s investigation report, an unconfirmed shot detonated at the face resulted in a methane explosion in an inadequately ventilated area.

The accident, which resulted in Reightler’s death, occurred because R&D failed to comply with approved ventilation and roof control plans, engaged in poor blasting practices, assigned unqualified personnel to blasting work and conducted improper preshift examinations, MSHA said.

Six of 10 violations cited in connection with the accident were assessed as flagrant violations, and the operator filed contests to all.

R&D ceased mining following the explosion and was sealed in 2007.

In documents signed August 1, R&D agreed to withdraw its contests of each violation and to the entry of a judgment for the full penalty amounts.

“We are extremely pleased about the outcome of this case,” assistant secretary of labor for mine safety and health Joseph Main said.

“It is yet another reminder that mine operators must be held accountable for their failure to keep miners safe.”

MSHA defines a flagrant violation as “a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory safety and health standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury”.

Under the MINER Act, a civil penalty of up to $220,000 may be assessed for each flagrant violation.