Dry Screening Plant Operator

Donning fall protection equipment, the miner entered the top of a primary feed hopper without the knowledge of management and contrary to mine safety procedures to remove a large rock. While trying to break up the rock, raw material that remained on the sides of the hopper sloughed off engulfing the miner.

On June 7, 2021, at approximately 8:00 a.m., Rogelio Garcia-Rivera, a 55 year-old hopper operator with over six years of mining experience, was fatally injured when he was engulfed by materials inside the grizzly feed hopper. Garcia-Rivera entered the grizzly feed hopper to clear a blockage at the bottom of the grizzly feed hopper. Garcia-Rivera was attempting to clear the blockage when a large amount of material dislodged and engulfed him. The accident occurred because the mine operator did not: 1) have effective policies, procedures and adequate training to address safety aspects associated with working inside the grizzly feed hopper, and 2) have an effective means of handling material.

1. The mine operator did not have effective policies, procedures and adequate training to address safety aspects associated with working inside the grizzly feed hopper.

   Corrective action: The mine operator developed new written policies, procedures, and additional training material to address safety aspects associated with working inside the grizzly feed hopper. The new written policies and procedures require: (1) the hopper to be empty before a miner enters, and (2) the hopper to only be entered for maintenance and inspection purposes. Additionally, the mine operator designed a safe means of access to work around the top of, and inside, an empty grizzly feed hopper. The procedures also included: A) construction of a work platform, B) relocation of the access door and fall protection anchor points, and C) installation of an opening in the grating with ladder access and a fall protection and retrieval system. The mine operator provided training to all affected employees and managers in the revised policies, procedures, and new designs.

2. The mine operator did not provide an effective means of handling material.

   Corrective action: The mine operator implemented a prescreening process in the pit with a scalping screen that reduces the size of the material and removes larger pieces that potentially can cause blockages.The mine operator also developed a new written procedure that requires miners to assure the use of the mechanical vibratory devices to dislodge material. The process of prescreening and using the vibratory devices on the hopper have been tested and determined to be effective. In the event a blockage does occur, the mine operator will remove the blockage in a manner that does not involve a miner entering the grizzly feed hopper.

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Findings from MSHA's final investigation report, which supersedes the preliminary narrative above.

Activity at time of incident

Handling Coal, Rock, Ore

Subunit / location

STRIP, QUARY, OPEN PIT

Accident type

Caught in, under or between collapsing material or buildings

Source of injury

BROKEN ROCK,COAL,ORE,WSTE

Nature of injury

SUFFOC,SMOK INHILAT,DROWN

Body part affected

BODY SYSTEMS

Total mining experience

6 years

Experience at this mine

6 years

Experience in this job

6 years

Degree of injury

FATALITY