Published: July 11, 2007 11:57 am      

Mine Safety A Problem

It was only after two men died that agency issued order that shut down operation

CUMBERLAND - The federal mining agency responsible for oversight of coal mines has the teeth to close a mine it considers unsafe - but in spite of knowing since 2002 that a local surface mine was operating unsafely, inspectors only issued the K-order that shut down the operation after two fatalities.

Mine Safety and Health Administration investigators found a flawed ground control plan was a major factor in the April 17 collapse of a 275-foot highwall that killed surface coal miners Dale Jones and Mike Wilt. The MSHA report also said fractured rock from underground mine subsidence weakened an already problematic highwall, causing it to crumble. The agency also said mine foreman Ray Tighe didn't conduct proper inspections at Job No. 3 (Caledonia Pit).

In addition to the K-order, other citations addressing those factors were issued Monday to Tri-Star Mining Inc. at Barton. According to the report, the company was guilty of creating hazards because "extensive fracturing ... and widespread subsidence ... were present throughout," it said, and "examinations conducted on days prior to and the day of the accident were inadequate," investigators found.

According to MSHA's own inspection manual, highwalls and other working areas "shall be examined after every rain, freeze, or thaw before men work in such areas, and such examinations shall be made and recorded ..."

In spite of heavy rainfall and snow throughout the weekend, Tighe did not conduct his inspection until after 9 a.m. But MSHA investigators reported that Jones began working in the pit about 6 a.m. - three hours earlier.

An MSHA employee who spoke under condition of anonymity said the federal agency can only make suggestions about ground control plan practices, but the exam is required. And even though MSHA can only "suggest" certain ground control practices, once there's a known problem with the stability of the highwall, he said, MSHA has the legal authority to step in. "In most cases, the company moves quite rapidly (to repair problems) ... before stabilitation becomes a problem," he added.

Now, family members of both miners question why it took the federal agency so long to act, and say both Tri-Star and MSHA disappointed their loved ones. "The only two people that did anything right were the two people that went to work that morning ... and now they're not here," Gail DeVault, sister to Jones, said.

That MSHA officials did have the power to act is seen by what is posted at its Web site. It says, "If coal mine inspectors find violations or other conditions that pose an immediate threat to the miners' safety or health, they have the authority to issue a withdrawal order ... until the conditions are corrected."

Daleen Berry can be reached at dberry@times-news.com.