Rotary Bucket Excavator Operator
326 FL Excavator operator tracked over berm into Settling pond
On February 25, 2023, at approximately 7:50 a.m., Eliborio Garcia, a 42 year-old equipment operator with five days of mining experience, died when the excavator he was operating traveled over an approximately two-foot-high berm into a sediment pond. The accident occurred because the mine operator did not ensure the excavator operator maintained control of the excavator.
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The mine operator did not ensure the excavator operator maintained control of the excavator.
Corrective action: The mine operator trained all mine employees on best practices for maintaining control and where equipment should be located when working near and cleaning out sediment ponds.
Findings from MSHA's final investigation report, which supersedes the preliminary narrative above.
- Activity at time of incident
- Power Shovel, Dragline
- Subunit / location
- STRIP, QUARY, OPEN PIT
- Accident type
- Drowning
- Source of injury
- WATER
- Nature of injury
- SUFFOC,SMOK INHILAT,DROWN
- Body part affected
- BODY SYSTEMS
- Total mining experience
- 0 years
- Experience at this mine
- 0 years
- Experience in this job
- 0 years
- Degree of injury
- FATALITY
Every record on this page mirrors what MSHA publishes under its Open Government Data program, refreshed weekly. MSHA does not publish per-accident URLs (the Accidents data is distributed as a single bulk file), so this is how to retrieve the source for the specific record below:
- Final investigation report: Read MSHA's final report
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Accident record:
Download MSHA Accidents.zip
then search for Document number
220230690012(the unique key per MSHA Form 7000-1) -
Mine record:
MSHA Mine Data Retrieval System
and search by Mine ID
4104706 - All MSHA datasets: Open Government Data program directory covering Accident, Mines, Inspections, Violations, etc.