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MSHA News Release: [06/25/2003]
Contact Name: Rodney
Brown
Phone Number: (202) 693-9425
MSHA Levies Fine for Alabama Mine Accident
ARLINGTON, Va. —The U.S.
Department of Labor’s Mine Safety and Health Administration (MSHA) has
levied a $435,000 penalty against Jim Walter Resources, Inc., for eight
violations of Federal mining regulations that directly contributed to the
September 23, 2001, coal mine explosions that claimed the lives of 13
miners.
“While we understand that there is no amount of money that can
properly put into context the loss of human life, we have exercised our
enforcement capability to the fullest extent allowed by law on this
matter,” said Dave D. Lauriski, assistant secretary of labor for mine
safety and health. “It is our sincere hope that the mining industry will
take the lessons learned from this tragedy to prevent such occurrences in the
future.”
Lauriski continued, “In our 2004 budget, we said that the agency
will seek to raise the maximum penalty to $220,000 because the current cap is
sometimes too low to do justice considering the circumstances of some mining
violations. Certain flagrant violations of mine safety and health rules that
result in loss of life should be assessed an amount higher than the current
maximum. The violations contributing to the JWR accident could fall into that
category.”
In MSHA’s investigation of the accident at Mine No.5 in Brookwood,
Alabama, the agency found that a roof collapse at an underground battery
charging station set the stage for the first of two explosions by interfering
with mine ventilation. Within minutes, an electric arc from a battery ignited
methane gas. The first explosion injured four miners, one seriously, and
further damaged the ventilation controls. A second, more massive explosion,
fueled by both methane and coal dust, most likely was ignited by an underground
traffic light.
The Federal Mine Safety and Health Act sets MSHA’s maximum penalty
and requires that the agency consider six factors in assessing civil penalties.
They are the size of the operator’s business, the history of violations
cited at the mine, degree of negligence, gravity of the violation, demonstrated
good faith in correcting the violation, and the effect of the penalty on the
operator’s ability to continue in business.
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