Front-End Loader

Employee apparently entered into highwall miner hole in an attempt to retrieve a cutter chain. While at the chain, the employee was struck by rock from roof.

At approximately 5:00 p.m. on Tuesday, October 7, 2014, Justin Mize was killed at Commonwealth Mining, LLC’s Tinsley Branch HWM 61 mine. The victim crawled 37 feet into an unsupported opening that was mined with a highwall mining machine to retrieve a broken cutter-head chain when a rock that measured approximately 6 feet long, 8 feet wide, and 16 inches thick fell on him, causing fatal crushing injuries.

1. Mine Management was present and allowed a miner to enter an unsupported highwall mining machine opening. Mine management allowed a practice to exist where miners were entering unsupported highwall mining machine openings. The miners were not adequately trained on this subject.

   Corrective action: Mine Management revised the approved training plan by adding categories to assure that miners are specifically trained that no person shall be permitted to enter a highwall miner opening, except with prescribed conditions as approved by the District Manager. Categories revised include: New Miner Training, Experienced Miner Training, Annual Refresher Training, Task Training, and Hazard Training. All miners were trained on October 21, 2014, on the new provisions of the revised training plan. Mine management also implemented company policy regarding disciplinary actions to be taken for any employee, including foremen, who enter a highwall mining machine opening. Cornett, who was the mine foreman at the time of the accident, is no longer a

2. Mine Management was present and allowed a miner to enter an unsupported highwall mining machine opening. Mine management allowed a practice to exist where miners were entering unsupported highwall mining machine openings. The miners were not adequately trained on this subject.

   Corrective action: Mine Management revised the approved training plan by adding categories to assure that miners are specifically trained that no person shall be permitted to enter a highwall miner opening, except with prescribed conditions as approved by the District Manager. Categories revised include: New Miner Training, Experienced Miner Training, Annual Refresher Training, Task Training, and Hazard Training.

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

Activity at time of incident

Crawling, Kneeling

Subunit / location

STRIP, QUARY, OPEN PIT

Accident type

Struck by falling object

Source of injury

CAVING ROCK,COAL,ORE,WSTE

Nature of injury

CRUSHING

Body part affected

MULTIPLE PARTS (MORE THAN ONE MAJOR)

Total mining experience

9 years

Experience at this mine

2 years

Experience in this job

2 years

Degree of injury

FATALITY