Latest News
Miner Dies at Texas Gypsum Plant
A miner was killed Saturday at a surface gypsum plant in the Texas panhandle.
Justice of the Peace Rick Walden identified the man as James Dale Winegeart, 58. Walden said Winegeart was attempting to remove a rock that had become stuck beneath a conveyor belt. When the rock was freed, the belt began to move, sucking the victim into the operating machinery. He died at the scene.
Walden said the 911 call came in at 10:22 a.m. Saturday. Walden, who also acts as the coroner, indicated that an autopsy would be performed.
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Court Sides with MSHA in Medical Records Access Case
In an unprecedented ruling, an appeals court has approved an exercise of MSHA's authority never before used by the agency; namely, the right to request and copy payroll records and employees’ medical information, as long as the requests represent a reasonable effort to discharge MSHA's duties under the Mine Act.
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Ocenco SCSRs Pass Donning Test
Tests conducted on four Ocenco M-20 self-contained self-rescuers (SCSRs) that reportedly had malfunctioned went off without a hitch.
In an updated notice dated April 24 on its website, MSHA said that the day before agency officials and NIOSH had observed the manufacturer refill and test the allegedly malfunctioning units. According to the agency, the units did not malfunction after they were donned.
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MSHA Issues Fewest Orders Ever During March Impact Inspections
MSHA inspectors issued just two orders during impact inspections at 12 mining sites in March, the lowest ever for the enforcement initiative that began three years ago.
A total of 155 citations were also issued at eight Coal operations and four Metal/Non-Metal (M/NM) sites. The two orders, along with 19 citations, went to Consolidation Coal Co.’s Loveridge #22 Mine in West Virginia. However, an M/NM operation, Robinson Nevada Mining Co.’s Robinson surface copper mine in Nevada received 32 citations, the most of any of those visited.
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Lawyer Questions OSHA Interpretation Allowing Outsiders to Represent Non-Union Employees
In what an attorney deems to be a departure from past practice, OSHA has stated that, during OSHA inspections of non-union workplaces, employees may be represented by anyone selected by employees, including outside union agents.
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MSHA Urges Greater Efforts in Release of 1st Quarter Fatality Data
In releasing fatality data showing that 11 miners died on the job in the first quarter of 2013, the head of the U.S. mine safety agency urged operators to work harder to assure safe operating conditions in the nation's mines.
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Bankruptcy No Bar to Miner’s Discrimination Proceeding
A miner’s discrimination claim may proceed, even if the operator involved has filed for bankruptcy, an administrative law judge (ALJ) ruled April 17.
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Judge’s Decision Removes Copper Mine Conveyance from MSHA’s Bucket List
MSHA will have to remove a personnel conveyance at an Arizona copper mine from its bucket list after an administrative law judge (ALJ) ruled the equipment was not a “bucket” under the agency’s regulations.
Unless appealed, Judge Richard Manning’s decision April 19 means that Resolution Copper Mining, LLC will be allowed to move miners inside vertical shafts at its Resolution Mine in Superior at speeds up to 1,200 feet per minute (fpm).
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MSHA Publishes Corrections to Part 48
MSHA has published two Federal Register notices that amend Part 48 to correct language that was inadvertently dropped from earlier rulemakings.
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Mine Operators Seek Variances re: Operational Issues
A petition for modification submitted by a Wyoming cement producer to MSHA seeks use of a dislodging implement to remove oversize material stuck between the jaw plates of a crusher, while another petition from a Pennsylvania coal operator asks permission to use shuttle cars without canopies in heights less than 48 inches.
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MSHA, OSHA Issue Safety Documents
MSHA has posted a safety alert (http://www.msha.gov/Alerts/RCMMSolenoidAlert42013.pdf) to call attention to damaged solenoids that have led to inadvertent movement of remotely controlled continuous mining machines (CMMs). The solenoids, associated with hydraulic valve banks, became damaged after contact with a trailing cable after the cable was flexed. Read more »
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MSHA Posts Notice on Ocenco SCSRs
The government has launched an investigation into a breathing device used by mine workers after a malfunction was reported in four units at one mine.
In a notice posted to its website April 19, MSHA said it had joined with NIOSH to investigate Ocenco M-20 self-contained self-rescuers (SCSRs) after a malfunction was reported to it. The malfunction involves Ocenco SCSRs manufactured in 2008.
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New Zealand Coal Company Convicted in 2010 Mine Tragedy
A court in New Zealand has convicted the operator of a coal mine where 29 miners died in an explosion in November 2010 on all counts it faced over the tragedy.
Pike River Coal was convicted last week in Greymouth District Court on nine charges, including four for failing to ensure the safety of its employees and four for failing to ensure no employees, contractors or subcontractors were harmed while working at the mine.
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Bingham Canyon Damages Becoming Known
About 165 million tons of rock and dirt slid into the Bingham Canyon Mine in Utah last week, damaging roads and buildings and burying equipment.
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Ex-UBB Boss Gives Up Foreman's License
A former boss at the Upper Big Branch-South Mine has been ordered to surrender his assistant underground foreman’s license for three years in an agreement that settles accusations he shut off his methane detector while conducting safety examinations, including on the day of the fatal April 2010 explosion.
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Salt Worker Killed at Louisiana Mine
A salt miner died early Wednesday after being injured at North American Salt Co.’s underground Cote Blanche Mine in southern Louisiana.
At 11:55 p.m., Tuesday, Michael Charles, 59, was on top of a skip performing maintenance with two other miners when a piece of salt fell and struck him, according to MSHA's preliminary report. Charles, a shaftman, had nearly 33 years' service at the mine.
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Dead Miner’s Family Sues Silver Producer
The family of a veteran miner killed in a massive roof collapse inside an Idaho silver mine two years ago has filed a lawsuit against the operator.
Larry “Pete” Marek was killed in a cave-in deep inside Hecla Limited’s Lucky Friday Mine near Mullan. Marek was buried under 30 feet of rock, and rescuers needed nine days to recover the body of the 53-year-old miner following the accident in April 2011.
Besides the Idaho-based company, its CEO along with six company managers and engineers were named in the litigation, according to the Spokane Tribune-Review.
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Mineral Particles Getting Close Look in Mesothelioma Study
Elongated mineral particles (EMPs), the kind of particles found at mining sites in many parts of the country, are under a microscope in Minnesota, both figuratively and literally.
A $4.9 million study in part aims to determine whether or not EMPs are behind any of 80 cases of mesothelioma observed among former Iron Range workers employed in the taconite industry in the state.
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Mine Research Funding Remains Flat in Proposed Budget
Funding for mining safety and health research remains flat in NIOSH’s proposed fiscal year 2014 (FY 14) budget.
NIOSH’s Office of Mine Safety and Health Research will receive $52.4 million if the budget is approved, the same amount as provided in the last enacted federal budget, which was in FY 12. The money does not include another $9.8 million under the mining research line item for what the budget identifies as business support services.
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Massive Slide Closes Utah Copper Mine
A massive landslide measuring several thousand feet in width and height has damaged facilities and equipment and closed the huge Bingham Canyon copper mine in Utah.
Officials of Kennecott Copper Utah, LLC said they had anticipated the slide Wednesday evening at the mine in Salt Lake County after monitoring equipment first detected movement in the northeast wall in February. According to a news media report, employees said movement increased to eight inches just before the slide.
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Current Regulatory Agenda
Proposed (P) Final (F)
MSHA
(F) Pattern of Violations Issued Jan '13
(F) Prox Detect Devices:CMMs May '13
(F) Respirable Coal Dust Jun '13
(P) Prox Detect Devices UG Jul '13
(P) Civil Penalties Jan '13
(P) Legal Identity Not. Jul '13
(P) Silica Aug '13
(P) Testing Fees Aug '13
OSHA
(F) Update Signage Mar '13
(F) Coop. Agreements Apr '13
(F) Update NAICS May13
(F) Confined Space Construction Jul '13
(F) Slips, Trips, Falls Aug '13
(P) Silica May '13
(P) Inj/Ill Reporting May '13
(P) Combustible Dust Oct '13
(P) I2P2 Dec '13
Fatalities
2013
- Coal 8
- Aggregates 2
- Other M/NM 5
Total 15
- 2012
- Coal 19
- Aggregates 10
- Other M/NM 6
Total 35
- 2011
- Coal 21
- Aggregates 8
- Other M/NM 8
Total 37
- 2010
- Coal 48
- Aggregates 9
- Other M/NM 14
Total 71





