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MSHA Proposes $504,900 in Penalties Against PA Mine Operator

October 20, 2009

Mount Carmel, PA - The U.S. Department of Labor's Mine Safety and Health Administration (MSHA) has proposed $504,900 in civil penalties against UAE Coalcorp Associates, which operates the Harmony Mine in Northumberland County, PA in the 2008 roof fall that killed a miner.

"Safety is priority one, and the U.S. Department of Labor's Mine Safety and Health Administration will accept no less," said U.S. Secretary of Labor Hilda L. Solis in a news release. "Miners perform valuable work under difficult conditions. The minimum we should do is guarantee them the protections they are afforded by the law."

On June 16, 2008, Robert Carey, 45, a roof bolter and assistant foreman with nine years of experience, was fatally injured when the mine roof collapsed during retreat mining activity. MSHA has cited five violations as the result of the accident and assessed penalties under the flagrant violation provision of MSHA's civil penalty regulation. The violations allege that the fatal roof fall occurred while Carey directed a continuous mining machine operator to take excessively wide cuts, actions that were in violation of the approved roof control plan. Prior to the accident, Carey traveled under unsupported roof with the continuous miner operator and continuous miner helper to set timber posts at the face. Carey also was responsible for conducting workplace examinations.

"The mine operator was aware of adverse roof conditions in the area but nevertheless allowed mining to continue," said Dr. Gregory R. Wagner, MSHA's deputy assistant secretary for policy.

A flagrant violation is defined as "a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory safety and health standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury." Under the Mine Improvement and New Emergency Response (MINER) Act, a civil penalty of up to $220,000 may be assessed for each flagrant violation.

Harmony Mine, in operation since May 1990, is a 34-acre site about two miles south of Mount Carmel, PA. Total employment at the mine is 31 miners. Other reported incidents at Harmony Mine include a mine foreman injured when struck by falling coal in 1991, a mining supervisor killed while installing roof supports in 1994 and a miner who sustained serious crush injuries because of a collision of shuttle cars underground in 2004.

 The Mine Safety and Health Administration (MSHA) is responsible for enforcing the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended by the Mine Improvement and New Emergency Response Act of 2006 (MINER Act), which protects miners by regulating the mining industry and setting mandatory safety and health standards. The MSHA website states 29 mining fatalities have occurred this years as of October 20.

Federal and state labor laws regulate the relationship between employers and employees to protect employees from events such as discrimination or unsafe working conditions. When employers violate these labor laws, you may need to contact an attorney with specific experience in handling labor law cases to recover lost wages, back pay or other damages. Call Napoli Bern Ripka LLP at 888-529-4669 to discuss your situation today.