NEWS RELEASE
UNITED STATES ATTORNEY'S OFFICE
WESTERN DISTRICT OF VIRGINIA
Julia C. Dudley Acting United States Attorney Brian McGinn Public Affairs Specialist |
BB&T Building 310 1st Street, S.W., Room 906 Roanoke, Virginia 24011 (540) 857-2974 FAX (540) 857-2179 |
October 15, 2008
ROBERT CLEAR COAL CORPORATION AND MINE SUPERVISOR PLEAD GUILTY TO VIOLATING FEDERAL MINE SAFETY AND HEALTH ACT
Acting United States Attorney Julia C. Dudley announced today that Robert Clear Coal Corporation and Wilbur Thomas Davis, age 50, of Harrogate, Tennessee, pled guilty today in the United States District Court for the Western District of Virginia in Big Stone Gap to charges that they violated the Federal Mine Safety and Health Act.
“The men and women who risk their lives working in coal mines across our country are a valuable and important part of our society,” Acting United States Attorney Julia C. Dudley said today. “Federal mine safety regulations are imperative in providing a safe working environment for these individuals. The violation in this case could have resulted in serious injuries or death. When regulations are violated, the individuals and corporations responsible must be held accountable.”
Robert Clear Coal Corporation pled guilty today to willfully violating a mandatory health and safety standard as set forth in the Federal Mine Safety and Health Act in regards to activities at the Big Branch #1 Mine in Wise County, Virginia. Wilbur Thomas Davis pled guilty to falsifying the mine record book.
Specifically, the Federal Mine Safety and Health Act requires that at least once during each working shift, each active work area must be examined by a certified person to determine if hazardous conditions exist and the results of the examination be accurately kept in a mine record book.
On January 19, 2007, Davis, working as Robert Clear Coal Corporation’s mine supervisor at the Big Branch #1 Mine failed to examine, at least once during the working shirt, each active work area for the existence of hazardous conditions.
In addition, Davis made a false recording in the mine record book certifying that he had performed a pre-shift examination of the mine, when in fact he had not. As a result, the presence of a gas pipeline remained undisclosed to miners working in the area. Ultimately, the gas pipeline ruptured, creating a hazardous condition of imminent danger for all those present in the mine.
Sentencing was scheduled for January 22, 2009, at 10:30 a.m. at the Federal Courthouse in Big Stone Gap, Virginia. Davis faces a maximum sentence of five years in federal prison and a fine of $250,000. Robert Clear Coal Corporation faces a maximum sentence of probation for a term of five years and a fine of $250,000.
The investigation of the case was conducted by Special Investigators of the Norton Office of the Mine Safety and Health Administration. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.