Published: May 18, 2009 11:32 pm      

Fine in Barton mine collapse reduced

BARTON — Federal regulators have agreed to reduce to $100,000 from $180,000 the fine levied against a Barton coal company for a 2007 accident that killed two miners, the firm’s lawyer said Monday.

The settlement agreement between the Mine Safety and Health Administration and Tri-Star Mining Inc. is pending before the Federal Mine Safety and Health Review Commission, an independent agency that handles appeals of MSHA decisions, said Jean Ellen, chief of the commission’s docket office.

The deal follows 20 months of legal filings and negotiations between MSHA and Tri-Star over the appropriate penalty for violations that led to the deaths of Dale F. Jones, 51, of Lonaconing, and Michael R. Wilt, 38, of Frostburg on April 17, 2007. They were buried beneath thousands of tons of rocks and dirt when the hillside they were surface mining, known as the highwall, collapsed near Barton.

“I just feel like if Tri-Star and MSHA would have done their jobs right, there wouldn’t have been an accident,” said Jones’ widow, Linda Jones.

“Dale and Mike would still be here. No amount of money is going to bring them back, but MSHA should say they made a mistake. They didn’t do anything seven days before.”

Jones said she feels that MSHA should share the money with the two widows.

Wilt’s widow, Tonya Wilt, said that everything was in black and white that the accident was Tri-Star’s fault. “To me it’s a slap in the face to my family that those fines got lowered. It would just make me feel so much better if they would have to pay the full fine. Two men lost their lives. It’s just bad that they (Tri-Star) were at fault.”

Dale Jones’ sister, Gail DeVault, of Midland, said that the family is very disappointed with the fine reduction. “It seems like no matter what they’ve been hit with, they’ve never had to pay, they get a reduction in everything they’ve done or not had to pay at all.

“I think it’s total negligence clear up to MSHA; they’re supposed to be there to protect the men and keep them safe.”

DeVault said the federal mining inspector was not doing his job. “MSHA was the one that let them down in the end. We don’t feel that the government should get the money. We feel that the ladies should,” she said, referring to Jones’ and Wilt’s widows.

Tri-Star attorney Adele L. Abrams of Beltsville said the agreement is not an admission of violations or civil liability for the deaths. She said the settlement includes a provision barring the use of any of its findings in wrongful death lawsuits brought by the miners’ families.

MSHA’s Web site, www. msha.gov, reflects the proposed settlement. The fines for three separate violations, originally assessed in August 2007 at $60,000 each, have been reduced to $40,000 for two violations relating to highwall hazards and $20,000 for violating a daily inspection rule.

MSHA spokeswoman Amy Louviere said the agency was preparing a statement.

Tri-Star Mining is owned by George R. Beener of Rockwood, Pa.