Rotary Bucket Excavator Operator fatality at Coal Mountain No 1 Surface (CM Energy Operations LP), WV, May 16, 2024

Employee was operating an Excavator assisting Dozer operator in removing a big rock on the DC8A pit area. Excavator was between the rock and the top of highwall. Excavator went over the highwall ejecting the employee.

On May 16, 2024, at approximately 2:15 a.m., Virgil Paynter, a 59 year-old contract excavator operator with ten weeks of mining experience, died after the excavator he was operating traveled over a highwall and fell 235 feet before coming to rest on top of spoil material in the pit below. Paynter was ejected from the operator’s cab during the fall. The accident occurred because the mine operator did not establish and follow a Ground Control Plan that insured safe working conditions.

1. The mine operator did not establish and follow a Ground Control Plan that insured safe working conditions.

   Corrective action: The mine operator revised its Ground Control Plan to include procedures to prevent a reoccurrence. The procedures include:

Read the full report (PDF)

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

Struck against stationary object

Source of injury

GROUND

Nature of injury

UNCLASSIFIED,NOT DETERMED

Body part affected

UNCLASSIFIED

Total mining experience

0 years

Experience at this mine

0 years

Experience in this job

25 years

Degree of injury

FATALITY

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