Assistant Mine Foreman

While retrieving samples from quarry face, employee was struck on left shoulder by a rock, resulting in fractures.

1. Management did not have procedures and controls in place to prevent ground conditions from creating a hazard of falling rocks before work or travel was permitted in the affected area. Sumlin was working close to the face of a highwall taking rock samples.

   Corrective action: Management established new procedures and controls to collect rock samples from drill shavings, eliminating the need for persons to take samples near highwalls. All persons required to take rock samples were instructed in these new procedures. Additionally, management provided extensive training to all persons regarding working near highwalls.

2. Management did not provide required newly hired experienced miner training to Sumlin when he was hired.

   Corrective action: Management will provide newly hired experienced miner training as required to any newly hired miners requiring this type of training.

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

Struck by falling object

Source of injury

CAVING ROCK,COAL,ORE,WSTE

Nature of injury

FRACTURE,CHIP

Body part affected

MULTIPLE PARTS (MORE THAN ONE MAJOR)

Total mining experience

31 years

Experience at this mine

0 years

Experience in this job

0 years

Degree of injury

FATALITY