The agency’s Federal Mine Safety and Health Review Commission has formally accepted the withdrawal of the operator’s challenge of the six contributory violations that MSHA assessed to the Darby No. 1 mine in Kentucky. It now has until October 19, 2008 to pay the penalty in full.

“MSHA cited and assessed Darby No. 1 appropriately for its disregard of basic safety practices that led to the deaths of five workers,” said agency acting assistant secretary of labor for mine safety and health Richard Stickler.

“We will continue to hold mine operators accountable whenever there are violations of safety requirements.”

A federal investigation of the incident found that the fatal explosion occurred as a result of explosive levels of methane that were ignited behind a sealed area when a mine foreman used an acetylene torch to cut a metal roof strap that extended into it.

It was determined by the agency that two of the five miners died immediately, while the remaining three died of carbon monoxide poisoning in their escape attempts.

After MSHA’s report was released in April 2007, it initially assessed $336,000 for the six violations. In that documentation, it pointed to the operator for the accident’s direct causes because “critical safety standards” were not met.

“Mine management failed to ensure that proper seal construction procedures were utilised in the building of the seals behind which the explosion occurred,” it said at the time.

“Mine management also failed to ensure that safe work procedures were used while employees attempted to make corrections to an improperly constructed seal [and] mine management failed to adequately train miners in escapeway routes. [Also], mine management failed to adequately train miners in the proper use of self-contained self-rescuers.”