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MSHA News Release: [04/13/2006]
Contact Name: Dirk Fillpot or Amy Louviere
Phone Number: (202) 693-4676 or x9423
Release Number: 06-0559-PHI

MSHA Fines Pennsylvania Operator $150,000 After Fatal Accident

WASHINGTON —The U.S. Department of Labor's Mine Safety and Health Administration (MSHA) today announced a proposed fine of $150,000 against Rosebud Mining Company, operator of an Armstrong County, Pa., mine where a miner was killed in a roof-fall accident June 10, 2005.

"The safety and health of miners must be protected every day. The failure of any mine operator to provide safe working conditions carries a high risk for their miners and will not be tolerated," said David G. Dye, MSHA's acting administrator. "MSHA will assess strong penalties, as in this case, when a miner suffered fatal injuries because the operator failed to provide safe working conditions."

A roof-bolter operator at the Tracy Lynne Mine in Armstrong County was fatally injured by a roof fall that occurred while installing six-foot resin grouted roof bolts in an area previously supported with 36-inch bolts.

The fines MSHA has assessed for safety violations contributing to this accident are as follows:

• failure to limit cut depths to 20 feet when adverse roof conditions were present (30 CFR 75.220(a)(1)), $50,000;
• failure to initially install supplemental roof supports when adverse roof conditions are present (30 CFR 75.220(a)(1), $50,000, and
• failure to conduct an adequate pre-shift examination (30 CFR 75.360), $50,000.

MSHA found that the three violations resulted from the company's high negligence.

MSHA can assess fines ranging from $60 to $60,000 per violation depending on the nature of the violation, level of negligence and several legal factors. Rosebud Mining Co. has 30 days to appeal the fines.

For more information about MSHA, please visit www.msha.gov.