According to a US Securities and Exchange Commission filing late last week by the Oklahoma-based producer, the Excel Van Lear operation in Martin County received an imminent danger order from the US Mine Safety and Health Administration the afternoon of September 19 for a violation of Section 107(a) of the Mine Act.

“The order alleged that an hourly employee above ground at Excel's Van Lear Mine was observed welding in an area below the elevated bucket of a piece of mobile equipment,” the company reported to the federal agency.

“The conditions alleged were immediately abated by Excel and the order was terminated by MSHA.”

No injuries were reported as a result of the conditions, and Alliance said Excel officials are determining whether the allegations warrant a judicial review.

On September 9, Alliance reported the same mine received another imminent danger order from MSHA for abnormal methane. Documentation was received by the mine September 2 but it was backdated to August 30.

“[It] alleged that ‘abnormal’ amounts of methane were within the mine roof strata,” officials said.

“Excel believes the methane tests MSHA relied on in taking this action were not taken in accordance with MSHA regulations or policy. Excel's methane tests and other tests taken by MSHA in accordance with its regulations have demonstrated that the areas affected by the imminent danger order are fully compliant with law and not experiencing any abnormal, excessive or potentially harmful levels of methane within the Van Lear mine's working atmosphere.”

Excel sought an expedited judicial review of the order and an administrative law judge for the Federal Mine Safety and Health Review Commission was to hear the case September 14 but MSHA vacated the order the day of the hearing.

Alliance also did not indicate any injuries resulting from that condition, nor did it release any further public statement on either recent event.

Imminent danger orders are issued by MSHA under section 107(a) of the Federal Mine Safety and Health Act, also known as the Mine Act.

Section 1503 of the Dodd-Frank Wall Street and Consumer Protection Act, amended last July, now requires disclosure of all imminent danger incidents as part of new reporting requirements regarding mine safety.