Fines levied against Troy Mine for last year's rockfall fatality
Federal regulators released the proposed dollar amounts for fines levied against Troy Mine due to safety violations. The fines total over $90,000 and were incurred after a series of inspections were made over a fatality that occurred there in July of last year.
Michael E. Ivins died when a rock roof suddenly collapsed onto his truck. The death was immediately reported to The Mine Safety and Health Administration (MSHA), which compiled an extensive report in August on the causes and consequences of the fatality.
In the general report that describes the minute by minute events leading up to and including the fatality, inspectors directly blame management at Troy Mine.
The conclusion of the report reads: “The accident occurred because management failed to ensure that adverse ground conditions identified during the mining cycle were adequately supported. Management provided a ground control plan listing ground support systems that would enhance control of adverse ground; however, these systems
were not fully implemented. Supplemental support materials identified in the ground control plan were not readily available.”
But until recently the fines associated with the citations and orders issued were unknown.
Most of the fines relate to improper support of the mine's roof which directly lead to the fatality. For instance, three fines of $10,700, $38,500 and $44,600 were levied for or related to “substantial lack of scaling and support,” according to the Code of Federal Regulations compiled by MSHA.
Other fines were handed down for improper handling of explosives and improper loose rock removal. While some of the fines relate specifically to the area where the fatality occurred, many represent general safety violations against the entire operation.
Fines are based on five factors: size of business, history of operations, degree of negligence, degree of gravity, and whether or not the company demonstrated good faith. Fines range from $60 to $60,000.
Many of the citations are “in contest,” meaning they are being appealed by Troy Mine. An initial appeal appears before the Mine Safety and Health Review Commission, but can eventually go to a U.S. Appeals Court or even the U.S. Supreme Court. Troy Mine has paid several fines, mostly those less than $800, for violations such as “areas where health or safety hazards exist . . .are not immediately obvious to employees,” but almost all substantial fines are currently under appeal.