2012 MINING DEATH AND INJURY RATES LOWEST SINCE MSHA BEGAN IN 1983

FROM:  U.S. DEPARTMENT OF LABOR

MSHA releases final data for 2012
Numbers indicate lowest mining death and injury rates

ARLINGTON, Va. — The U.S. Department of Labor's Mine Safety and Health Administration today announced the release of final data for 2012 that indicate the lowest fatality and injury rates in the history of U.S. mining, along with the lowest rate of contractor fatalities since the agency began calculating those rates in 1983.
Thirty-six miners died on the job in 2012. The 2012 total includes the Dec. 28 death of a coal miner at Choctaw Mine in Walker County, Ala., that was recently deemed chargeable to the mining industry. Five contractors died in mining accidents in 2012, compared to 11 in 2011, nearly half the lowest number ever recorded.
"While more needs to be done to protect the nation's miners, we are moving mine safety in the right direction. The actions undertaken by MSHA and the mining community were the key to the continuing improvements we saw in 2012," said Joseph A. Main, assistant secretary of labor for mine safety and health. "All miners deserve the safest possible working conditions."

Compliance with the Federal Mine Safety and Health Act of 1977 also continued to improve in 2012, with an 18 percent reduction in violations cited by MSHA since 2010. As a result, penalties for violations dropped. Although the number of mines in the United States decreased slightly (from 14,176 in 2011 to 14,093 in 2012), the number of miners increased from 381,209 to 387,878.

In 2012, the fatality rate was .0110 deaths per 200,000 hours worked. The rate of reported injuries was 2.56 per 200,000 hour worked. These reductions replace the prior year's record historical low rates.

The number of citations and orders MSHA issued fell from 156,802 in 2011 to 139,770 in 2012, an 11 percent decrease. Penalty assessments dropped from $160.8 million in 2011 to $120.5 million in 2012.

In coal mining, 20 miners died in on-the-job accidents in 2012, the second lowest number ever. The fatality rate was .0159 deaths per 200,000 hours worked, also the second lowest ever recorded. The rate of reported injuries was 3.16 per 200,000 hours worked, the lowest ever recorded. The number of citations and orders issued declined, from 93,330 in 2011 to 79,250 in 2012, a 15 percent reduction.

The coal industry saw decreases in the number of mines (from 1,973 to 1,871) and in production (from 1,095 to 1,018 million tons) between 2011 and 2012. While the number of coal miners also decreased from a decades-long high of 143,437 in 2011 to 137,650 in 2012, it was the second highest for any year since 1994.
In metal and nonmetal mining, the record-low fatality rate was .0079 deaths per 200,000 hours worked. Sixteen miners died in on-the-job accidents, equaling the record low set in 2011. The reported injury rate of 2.19 per 200,000 hours worked also was a record low. Citations and orders issued dropped from 63,472 in 2011 to 60,520 in 2012, a 5 percent reduction. While the number of metal and nonmetal mines remained steady in 2012, at 12,193, the number of miners increased from 237,772 in 2011 to 250,228 in 2012..

RESULTS ANNOUNCED FROM MINE SAFETY INSPECTIONS

FROM:  U.S. DEPARTMENT OF LABOR

MSHA announces results of July impact inspections

ARLINGTON, Va. — The U.S. Department of Labor's Mine Safety and Health Administration today announced that federal inspectors issued 262 citations, 19 orders and three safeguards during special impact inspections conducted at eight coal mines and five metal/nonmetal mines last month.

The monthly inspections, which began in force in April 2010 following the explosion at the Upper Big Branch Mine, involve mines that merit increased agency attention and enforcement due to their poor compliance history or particular compliance concerns, including high numbers of violations or closure orders; frequent hazard complaints or hotline calls; plan compliance issues; inadequate workplace examinations; a high number of accidents, injuries or illnesses; fatalities; and adverse conditions such as increased methane liberation, faulty roof conditions and inadequate ventilation.
As an example from last month, MSHA conducted an impact inspection on July 17 at Rebco Coal Inc.'s Valley Mine No. 1 during the day shift. MSHA personnel captured and monitored the communication systems to prevent advance notification of the inspection. MSHA issued 54 citations and nine orders on the day of the inspection, followed by five more 104(b) withdrawal orders for the operator's failure to abate the outstanding violations.

Inspectors found violations related to inadequate examinations, the mine's ventilation plan and the maintenance of electric equipment. The operator failed to conduct pre-shift examinations of the belt conveyor entry prior to miners working and traveling in the area, as well as adequate on-shift examinations of the belt conveyor entries. Inspectors also found that the operator did not properly maintain electric face equipment and failed to conduct adequate electrical examinations. These cited conditions were extensive, having existed over several weekly electrical examinations, and posed serious dangers to miners.

The continuous mining machine was found cutting coal on the wrong side in conflict with the approved ventilation plan, and the area had only a third of the required amount of ventilation. Several water sprays on the machine were functioning with only half of the required water pressure, and the ventilation curtain used was not properly placed. Proper ventilation and controls for methane and respirable coal mine dust must be in place to prevent mine explosions and black lung disease.
Inspectors issued a failure-to-abate order during the impact inspection because the operator had not removed accumulations of combustible materials such as empty rock dust bags, empty wooden pallets, garbage in three crosscuts along the intake roadway and small trash piles at various crosscuts along the intake. The accumulation of the combustible materials standard has been cited 24 times in a two-year period at this mine. Five other failure-to-abate orders were issued because the operator had not corrected violations on the roof bolting machine's automated temporary roof support systems, section power center, roof bolter and fire suppression systems. Inspectors also observed two faulty circuit breakers and a broken receptacle latch on the power center, and six defects on the roof bolter. This impact inspection was the second conducted by MSHA at this mine which, effective Aug. 10, entered into nonproducing status.

"Mine operators have an obligation under the Federal Mine Safety and Health Act to conduct thorough examinations of workplaces and equipment to find and fix hazards to protect miners," said Joseph A. Main, assistant secretary of labor for mine safety and health. "A failure to do so can expose miners to injury, illness and death. MSHA takes these failures to comply seriously and, on Aug. 6, issued new rules requiring more thorough operator examinations."

As a second example from last month, MSHA conducted another impact inspection on July 17 at Cobalt Coal Corp. Mining Inc.'s Westchester Mine in McDowell County, W.Va. The inspection party captured the phones to prevent advance notice of the inspection. Inspectors issued 47 enforcement actions, including one imminent danger order, 39 citations, six unwarrantable failure orders and one safeguard. This impact inspection was the mine's first.

An imminent danger order was issued when stray electrical current was detected on the frame of the section power center and the no. 2 shuttle car. The operator was cited for failing to maintain the underground electrical system in a safe operating condition. In total, 15 citations and orders were issued for not maintaining face equipment in permissible condition, as well as violations relating to electric equipment, trailing cables, grounding and underground high voltage distribution. The stray electrical current and other cited hazards could have electrocuted or seriously injured miners.
Westchester Mine also failed to conduct weekly examinations on the roof bolter, complete the examination of the conveyor belt in its entirety, and perform adequate examinations of the alternate escapeway between the belt drive and the working section. The inspectors observed hazardous conditions on the directional lifeline and tripping/stumbling hazards in the walkway directly under the lifeline. These conditions should have been discovered during examinations and then corrected to provide miners with safe passage in the alternate escapeway during a mine emergency and while working underground.

The operator also was cited for violations of standards covering roof and rib control, fire suppression and ventilation. Of 17 ventilation violations, one was not following the approved ventilation/methane dust control plan where the air quantity in the last open crosscut was approximately one-fourth of what is required. Inspectors found water accumulation up to 11 inches deep in the primary intake escapeway for a distance of 40 feet in an area with a mining height of 58 inches. These conditions, if left uncorrected, affect the effectiveness of the mine's ventilation system to control and remove methane, respirable dust and other contaminants from the miners' working environment.
Since April 2010, MSHA has conducted 477 impact inspections, which have resulted in a total of 8,545 citations, 852 orders and 36 safeguards.

MSHA ISSUED 335 CITATIONS DURING INSPECTIONS AT 12 MINES

FROM:  U.S. DEPARTMENT OF LABOR
MSHA announces results of April impact inspections
ARLINGTON, Va. — The U.S. Department of Labor's Mine Safety and Health Administration today announced that federal inspectors issued 335 citations, orders and safeguards during special impact inspections conducted at eight coal mines and four metal/nonmetal mines last month. The coal mines were issued 254 citations, 19 orders and one safeguard, while the metal/nonmetal operations were issued 52 citations and nine orders.

These inspections, which began in force in April 2010 following the explosion at the Upper Big Branch Mine, involve mines that merit increased agency attention and enforcement due to their poor compliance history or particular compliance concerns, including high numbers of violations or closure orders; frequent hazard complaints or hotline calls; plan compliance issues; inadequate workplace examinations; a high number of accidents, injuries or illnesses; fatalities; and adverse conditions such as increased methane liberation, faulty roof conditions and inadequate ventilation.

As an example from last month's impact inspections, on April 17, MSHA personnel visited Rebco Coal Inc.'s Valley Mine No. 1 in Claiborne County, Tenn., during the production shift. They secured the communications systems to prevent advance notification of the inspection and traveled the primary escapeway to inspect all four conveyor belts to the mechanized mining unit. MSHA issued 81 enforcement actions as a result of the inspection, including 74 citations, four failure-to-abate orders for previously issued citations, one unwarrantable failure citation and two unwarrantable failure orders.

The inspection party cited a broad spectrum of violations covering ventilation, accumulations of combustible materials, electrical equipment, trailing cables and fire protection. During previous inspections at the mine, equipment had been tagged out of service; however, when the operator resumed production a week prior to the impact inspection, the equipment had not been repaired.

MSHA found numerous defects on the mechanized mining unit's roof bolter, including accumulations of combustible materials. An unwarrantable failure order was issued for the operator's failure to conduct an adequate electrical examination on the continuous miner to ensure that the equipment is maintained in a safe operating condition. Citations were issued for 18 defects of the continuous miner that affect the permissibility of the machine, and additional citations were issued for failing to maintain the lighting system on the remote-controlled machine, accumulations on the continuous miner, failing to install a methane-sensing device as close to the working face as practical and failing to adequately insulate the trailing cable for the miner. The operator's failure to adequately examine the equipment and maintain it in a safe and permissible condition posed a high degree of danger to the miners.

"This unexpected inspection found several safety violations that placed miners at serious risk, a failure by the mine operator to conduct basic find and fix examinations, and a disregard for violations previously cited by MSHA," said Joseph A. Main, assistant secretary of labor for mine safety and health. "As evidenced by the recent inspection blitz, MSHA will not hesitate to take action to protect workers at risk."

As another example from last month's inspections, on April 24, MSHA personnel visited Argus Energy WV LLC's Deep Mine No. 8 in Wayne County, W.Va. — the second impact inspection at this mine. The mine's communication system was captured to prevent advance notice of the inspection. The inspection party issued 87 104(a) citations, one unwarrantable failure 104(d) citation and eight unwarrantable failure 104(d) orders for violations of 51 sections of MSHA regulations.
Deep Mine No. 8 was selected for an April inspection due to its frequent number of accidents and repeated noncompliance with mandatory safety and health standards. Since April 2011, there have been 23 separate accidents, 12 having occurred since this January. The operator has been issued a total of 386 citations and 22 orders, 11 of which were unwarrantable failure orders.

During last month's impact inspection, the mine operator was cited for combustible material that was permitted to accumulate in the belt entry, on and under belt equipment, and along moving belts. MSHA inspectors found coal in large piles for distances up to 100 feet and up to 2 feet in depth in numerous locations. Conveyor belts were rubbing the belt structure, and the tail roller had been turning in accumulations 2 feet deep and 7 feet wide — conditions that pose a significant fire and explosion hazard. The inspection team also issued two 104(d)(1) orders for failure to conduct adequate examinations on the belt conveyors.

The operator also was cited for failure to adequately support the mine's roof and ribs, and allowing miners to work and travel under an unsupported roof, exposing them to potential roof falls and serious injury.

Finally, inspectors found multiple electrical violations, including a failure to maintain permissible face equipment and provide an accurate electrical system map, have a qualified examiner, and properly install and insulate wires and cables for communications and power.

Since April 2010, MSHA has conducted 443 impact inspections at coal and metal/nonmetal mines. These inspections have resulted in 7,948 citations, 785 orders and 29 safeguards for a total of 8,762 issuances.

MSHA SAYS MINE OPERATORS TIPPING OFF EMPLOYEES OF INSPECTORS ARRIVAL

The following excerpt is from the Department of Labor website:
MSHA: Advance notification of federal mine inspectors still a serious problem
ARLINGTON, Va. — Despite stepped-up enforcement efforts over the past two years by the U.S. Department of Labor's Mine Safety and Health Administration, some mine operators continue to tip off their employees when federal inspectors arrive to carry out an inspection. The Federal Mine Safety and Health Act of 1977 specifically prohibits providing advance notice of inspections conducted by MSHA.

There have been several recent instances in which MSHA has been able to detect the occurrence of advance notice. For example, on March 22, agency inspectors responded to a hazard complaint call about conditions at Gateway Eagle Coal Co. LLC's Sugar Maple Mine in Boone County, W.Va. A truck driver with J&N Trucking reportedly alerted mine personnel by citizens band radio of the inspectors' arrival. The inspection turned up 14 violations for advance notification, accumulations of combustible material, and inadequate preshift and on-shift examinations, as well as a failure to comply with the current ventilation plan, maintain the lifeline, maintain permissibility of mobile equipment and maintain fire fighting equipment.

As a second example, during a Feb. 29 inspection at Rhino Eastern LLC's Eagle No. 2 Mine in Wyoming County, W.Va., a dispatcher's decision to shut down the belts prompted a call from the section foreman about his actions. The dispatcher responded that an MSHA inspector was at the mine. During this inspection, three citations were issued for failure to comply with the roof control and ventilation plans. In addition, a citation was issued to Applachian Security, a contractor, for providing advance notification of the MSHA inspection. Rhino Eastern's Eagle No. 1 Mine was placed on potential pattern of violations status in November 2010 and again in August 2011 after a miner was killed in a rib collapse, and the mine's compliance record deteriorated.

A third example is from Feb. 13, when the dispatcher for Metinvest B V's Affinity Mine in Raleigh County, W.Va., notified the belt foreman over the mine telephone that federal and state inspectors were headed underground. The mine operator was issued a citation and, to abate it, MSHA required that all certified foremen and dispatchers be trained in the requirements of the Mine Act regarding advance notification, and that a notice be conspicuously posted in the mine office to ensure future compliance with the Mine Act.
"Providing advance notice of an inspection is illegal," said Joseph A. Main, assistant secretary of labor for mine safety and health. "It can obscure actual mining conditions by giving mine employees the opportunity to alter working conditions, thereby inhibiting the effectiveness of MSHA inspections. Furthermore, it appears that current penalties are not sufficient to deter this type of conduct."

Upper Big Branch Mine superintendent Gary May recently entered into a plea agreement with the U.S. Department of Justice, admitting to conspiracy to give advance notification of mine inspections, falsify examination of record books and alter the mine's ventilation system before federal inspectors were able to inspect underground. May testified that, through these unlawful practices, the mine operator was able to avoid detection of violations by federal and state inspectors.

"Despite the attention to the issue that has resulted from the Upper Big Branch investigation and recent testimony from Gary May, advance notice continues to occur too often in the coalfields," said Main. "Upper Big Branch is a tragic reminder that operators and miners alike need to understand advance notice can prevent inspectors from finding hazards that can claim miners' lives."