Feds Cite Patriot Coal in Fatal Boone County Mine Accident

Federal mining officials are citing Patriot Coal for serious violations during a severe coal burst that killed two miners in May.

The federal Mine Safety and Health Administration issued three citations Tuesday for the Boone County mine accident.

Citations say Patriot didn’t adequately protect miners from hazards, report a similar burst three days earlier or preserve evidence about the earlier burst.

On May 12, miners Eric Legg and Gary Hensley were killed at the Brody Mine No. 1 after coal shot out at them.

A coal burst three days earlier covered a worker in coal up to his waist but didn’t injure him. It wasn’t reported.

State officials previously cited similar violations.

A Patriot spokeswoman didn’t immediately return an email for comment.

The Charleston Gazette first reported the enforcement.

Brody Mine Deaths Ignite Old Safety Concerns

It’s been more than two weeks since 48-year-old Eric Legg, of Twilight and 46-year-old Gary Hensley, of Chapmanville, died in a Boone County mine. They were using a coal extraction method called retreat mining referred to by safety advocates as the most dangerous form of mining. That’s not the only safety concern at mines in Boone County and throughout Appalachia.

Retreat Mining is Dangerous

Charlie ‘Mouse’ Ashley is a retired miner who has experience working in a retreat mine setting.

“It is nerve racking,” retired miner Charlie “Mouse” Ashley said. “When you’re pulling pillars away from the mine you’re taking away the support and it will fall.”

That’s the nature of the method. Essentially miners are hired, in part, to remove coal and make the roof collapse on purpose.

In 2004 a miner from Kentucky, concerned about his safety in a retreat mine video taped the last moments of his life the day after talking to his wife about his concerns.

“Retreat mining is always dangerous but especially in Southern West Virginia now where we’re mining thinner seams and more discontinuous geology,” Sam Petsonk Director of the Miner’s Safety and Health project.

“Attention to safety and proper planning is probably more important because the dangers tend to be greater at greater depth and more marginal coal reserves.”

Miners carefully and skillfully cut away at pillars that are supporting a mountain above their heads. The company creates a roof control plan to determine the safest way to remove the supports and create the collapse.

In wake of the Brody tragedy last month, safety advocates are sounding off, once again, about the dangers of retreat mining.

Former MSHA leader Davitt McAtteer told the Charleston Gazette, ““It should be abolished.” 

This is nothing new. After Crandall Canyon, federal lawmakers discussed the dangerous practice during a  U.S. Senate Appropriations Committee Hearing.

Low Coal Creates New Dangers

Like several coal seams throughout Appalachia, Boone County’s coal reserves have been substantially diminished after more than 100 years of mining.  Mine operators are now producing coal from basically leftover coal reserves in which even isolated instances of noncompliance of safety rules can cause substantial injuries and death. 

In 1995, the U.S. Bureau of Mines found that the depleted coal reserves in Boone County “will be able to sustain mining activities for no more than 20 years.”  Nearly 20 years later, we continue to mine coal in these last remaining reserves.

Court documents show that at Brody Number One, a seam of coal is being mined that’s about 53 inches, or almost 4 and a half feet thick, and since we’re talking about a geological formation, the thickness likely declines over distance.

Imagine trying to maneuver equipment, machines, or even walk with a ceiling that low.

The National Institute for Occupational Safety and Health, pointed out that  mining these thinner seams often means deliberately cutting into more rock formations  other than coal. That often means increased risks of developing black lung disease as well.  

“When you’re mining a thin coal seam often an operator will mine adjacent rock to give themselves a little more space,” Sam Petsonk said. “Say if you’re in a 36 inch coal seam or less you’re probably going to cut some extra top to give yourself extra space in the mine to maneuver. That means that you find yourself cutting non-coal rock often quartz bearing  which contains highly  toxic quartz dust.”

So when mining low or thin coal seams, miners often cut “substantial amounts of rock, often containing quartz or silica, above and/or below the coal seam.

As noted on MSHA’s website, miners develop silicosis in their lungs through overexposure to dust containing silica. Silicosis is kind of like black lung disease on steroids. The quartz crystals cut, scar, and disable the lungs much more severely than coal dust.

Possible Safety Improvements

  • Seismic Monitoring: This seismic monitoring technology has existed for several decades, and it is now more widely available and more commercially viable than ever before. It basically tracks geological activity in the ground. This information could be helpful in a mine setting to help determine increased pressure.
  • Low Coal Long Wall Machine: There’s also machinery that makers claim will reduce dust, and follow seams more safely. It’s commonly referred to as the low coal long wall machine. The machine helped the Pinnacle mine in Wyoming County set a record for most productivity.

http://www.youtube.com/watch?v=txfmIxQ7B_M

  • Miner’s Rights: The state office of Miner’s Health Safety and Training says the Brody mine did not have a miners’ representative; a right created by the Federal Mine Act that enables two miners to agree to elect a person to serve as the miners’ representative. Among other things, a miners’ rep can go with an MSHA inspector to point out safety concerns or suggest changes to things like roof control plans.

The Brody mine had a history of poor safety and was even recognized by MSHA as a pattern violator. A status that the mine is contesting with the Mine Safety and Health review board.

Layoffs Expected at W.Va. Mine Where Two Died

  Employees at the West Virginia mine where two men were killed during a severe coal burst were notified weeks earlier that they may lose their jobs due to mass layoffs.

St. Louis-based Patriot Coal gave notice to 450 workers at its Wells mining complex near Wharton on April 23. The federal Worker Adjustment and Retraining Notification, or WARN, Act requires companies to provide 60 days notice to employees if large layoffs are possible.

The Wells mining complex includes Brody Mine No. 1, where miners Eric Legg and Gary Hensley died on Monday.

The two workers were performing a risky method known as retreat mining, where the roof is intentionally collapsed to retrieve more coal.

Retreat mining is considered standard practice in mines where coal reserves are running out.

Boone Co. Mine Where Two Killed Had Bad Safety Reputation, Practiced Dangerous Type of Mining

The Patriot Coal-owned Boone Co. mine where two men died Monday night had a historically bad record of safety violations and practiced a dangerous type of mining known as “retreat mining.”

The federal Mine Safety and Health Administration handed down a Pattern of Violations designation to Brody No. 1 Mine in October 2013 after citing 253 serious violations during a review period. An MSHA audit of Brody Mining’s records found injuries of miners that the operator failed to report to the federal agency.

What is Retreat Mining?

Retreat mining is a method of leaving pillars to support the roof but since there is profitable coal left in those pillars, the operator pulls them causing an intentional collapse.

In a August 2007 article published in The Washington Post, former mine safety official and current attorney representing miners Tony Oppegard said  retreat mining is one “the most dangerous type of mining there is.”

“All underground coal mining is inherently dangerous but retreat mining is ultrahazardous and operators have to comply religiously with every step of the pillar removal plan to protect the safety of their miners,” Oppegard told West Virginia Public Broadcasting Tuesday afternoon.

“Most of the time when there is an accident on a pillar section or retreat miner section it’s because there’s not been compliance with the plan or because the miners have not been trained (properly).” 

Credit Stephen Greb / Kentucky Geological Survey, University of Kentucky
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Kentucky Geological Survey, University of Kentucky

Brody No. 1 Mine’s Pattern of Violation Designation

In a letter of notification dated October 24, 2013, MSHA District Manager David Mandeville notified Brody Mining’s safety manager of the Pattern of Violations designation. The new rules give MSHA more authority to immediately shut down the mine if another serious violation is issued.

At that time, Patriot said in a statement that the company did not deserve this status because some of the citations were inherited from the previous owner.

Patriot gained control of Brody Mining on December 31, 2012.

According to MSHA officials, the Brody No. 1 Mine has received 69 withdrawal (closure/shutdown) orders since the initial POV designation.  The mine remains under that status.

The mine can be removed from POV status only when an inspection of the entire mine is completed and no Significant and Substantial (S&S) violations are found, or no withdrawal order is issued by MSHA within 90 days of the issuance of the pattern notice.

An online tool allows operators to monitor montly progress with POV status. 

You can check the latest on the mine’s improvements on MSHA’s website.

Specific Types of MSHA Citations that Led to POV Designation

  • 18 citations/orders related to “conditions and/or practices that contribute to ventilation and/or methane hazards”
  • 20 citations/orders related to “conditions and/or practices that contribute to emergency preparedness and escapeway hazards”
  • 9 citations/orders relating to “conditions and or practices that contribute to roof and rib hazards”
  • 7 citations/orders related to “conditions or practices that contribute to inadequate examinations”

You can read the letter notifying the Brody No. 1 Mine of their POV status and see the citations and orders here:

Details of inspections, accidents, violations at the mine can be accessed through MSHA’s website by searching the Mine ID number: 4609086.

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