(28 Total References)
Whistleblower should not be punished in Kentucky mine safety-violations case, state panel rules | Appalachian Citizens' Law Center
Through his attorney, Tony Oppegard, Bailey then reported the problem with the roof-bolting machine to Tracy Stumbo, chief accident investigator for the Kentucky Office of Mine Safety and Licensing.
Tracy Stumbo, a chief ...
Tracy Stumbo, a chief investigator for the Kentucky Office of Mine Safety and Licensing, said the trapped miners reached high ground and had ample space during their daylong ordeal.
He said they had light and communications at all times.
said the mine will be closed for an undetermined time, pending a safety investigation.
said rescuers pumped water out of the mine all day.
didn't know how deep the water was or how much was pumped out.
CompEd Inc. Kentucky Workers Compensation Resource
The deposition of two state investigators, Tracy Stumbo and Whorley Taylor, are also contained in the record.
...Tracy Stumbo ("Stumbo"), chief accident investigator for the Commonwealth of Kentucky Office of Mine Safety and Licensing, testified he was familiar with regulations concerning mine safety and control issues and was the chief investigator of the fatal accident.Stumbo
was questioned in detail concerning roof control plans in general.He
testified the roof control plan gives the design of the mine, including the width of the entries.It specifies the type of roof support to be installed, and safety precautions to accomplish control of the roof so there are no falls.The plan is submitted to his
office and a roof control inspector or specialist reviews it and may request changes.Stumbo
physically goes into the mine to check the roof to see if the plan is feasible.A copy of Dags Branch's roof control plan was attached to Stumbo's deposition as an exhibit.Stumbo
wrote two citations as a result of his
investigation of the fatal accident.
explained that since an extended cut was made, no one was allowed to go inby the next to last row of roof bolts.Stumbo
confirmed the roof control plan contained nothing about reflectors.Stumbo
testified that if it is known an extended cut is going to be taken, the mine foreman generally puts two marks on the rib where the continuous miner is to begin to cut.Concerning the placement of reflectors, Stumbo
testified that sometimes they are put on by the foreman before the miner makes its cut, and sometimes they are put on after the cut has been made and equipment moved out of the way. Stumbo
testified the cut had been completed prior to the roof fall, but the equipment had not yet been moved.Stumbo
explained the state does not have a recommendation of whether to put markers up prior to the cut or after the cut.
believed Eric had been handling the miner cable at the time of the accident because the cable was alongside his body.
testified that Dags Branch
could have hung the reflectors on the next to last row and it was a management call as to when to hang the reflectors.
explained that rocks usually do not start to fall from the end which has the roof bolts.
Also contained in the record is the state report prepared by Stumbo
dated August 23, 2004.The report lists two conditions or circumstances that may have contributed to the accident.
The approved plan states that ‘The continuous miner operator (remote control station) and other persons in the area shall not expose any portion of their body inby the second row of undisturbed permanent supports' A fatal accident occurred on June 17, 2004, when a Utility Man was positioned inby the second row of undisturbed permanent roof supports and received fatal crushing injuries from a fall of roof that originated in the unsupported cut and extended to the second row of roof bolts.' I am more persuaded by the testimony of Mr. Stumbo
and Mr. Taylor and therefore find that Mr. Chaney was positioned past the second row (next to last) row [sic] of roof bolts, which is in violation of the approved roof control plan when the roof fell, causing his fatal injuries.
...I am persuaded by the testimony of Mr. Stumbo that reflectors or warning markers serve as a warning of imminent danger that you may be going beyond roof support.
I am persuaded by the testimony of Mr. Stumbo
and Mr. Taylor that warning markers were not placed on the second (next to last) row of roof bolts at the time of the accident.
said that there was ample room to place the markers either prior to the miner making the cut or afterwards.He
said the state has no specific recommendation of when to hang the markers.He
considered this a management call.The federal officials did cite defendant for no markers.The report states: "A 104(d)1) citation No. 7404627, was issued to Dags Branch Coal Co., Inc.
for a violation of 30 CFR 75.208: a readily visible warning device or physical barrier to impeded [sic] the travel beyond permanent support was not installed at the end of permanent roof support at both approaches to the unsupported crosscut between the No. 6 and No. 7 entries on the 001-0MMU.A fatal accident occurred on June 17, 2004, when a utility man received crushing injuries from a fall of roof that originated in the unsupported area where no warning devices were installed.[']
We must specifically look at the defendant's not hanging warning markers prior to the cut being made by the continuous miner to see if this is intentional so as to warrant the 30% increase in compensation.Having considered the evidence in its entirety, I am more persuaded by the testimony of Mr. Stumbo
that it is strictly a management call of whether to hang the markers before or after the continuous miner cut.
...It does not matter that Tracy Stumbo, chief accident investigator for the Commonwealth of Kentucky, Office of Mine Safety and Licensing, testified he was familiar with regulations concerning mine safety and control issues and that the state does not have a recommendation of whether the warning devices are put in place prior to the cut or after the cut.
Tracy Stumbo ...
Tracy Stumbo ("Stumbo"), the chief accident investigator for the Kentucky Office of Safety and Licensing ("OMSL"), testified by deposition taken May 20, 2008.
Stumbo testified that in the past, prior to entering the employ of OMSL as a mine safety analyst, he had worked thirteen years in the mining industry, five years of which was spent as a mine foreman.
Stumbo also testified he had been previously certified as both an MET and emergency medical technician ("EMT"), though his certifications were no longer current.
verified that following Morris's death, he
jointly investigated the fatality in conjunction with the Federal Mine Safety and Health Administration ("MSHA").
confirmed that, by stated law, underground coal mines are required to have at least one MET on site during operations.
stated that METs are first emergency responders, certified by the state.
testified that METs must undergo forty hours of training in CPR and patient care.
Stumbo stated that on July 14, 2006, a complaint was filed individually against Bentley pursuant to 803 KAR 8:010 by Jennifer Cable Smock and C. Michael Haines, General Counsel for the OMSL, seeking disciplinary action for Bentley's failure to respond in his capacity as an MET to Morris's injuries on December 30, 2005.
testified that on the date of Morris's death, H&D
met the state regulatory requirement of having a certified MET at the mine site through Bentley.
testified, however, that at the time of the accident Bentley: 1) failed to take charge; 2) failed to follow appropriate standards of care; and 3) failed to administer treatment in a responsible manner in accordance with his
position as MET, all in violation of 805 KAR 7:080 § 11.
specifically noted that Bentley did not act to apply or insure that proper tourniquets were in place, a procedure for which he
would have had training as an MET.
further stated that Morris's legs should have been elevated to assist in slowing bleeding, and he
should have been covered with a blanket to help prevent shock.
testified that following Morris's death, state investigators concluded Bentley initially gave false testimony in an attempt to impede the investigation.
In this instance, Stumbo, the chief accident investigator for the OMSL, testified that in accordance with Kentucky law, H&D was required to have at least one MET certified by the state on site underground during operations.
See KRS 351.127(1) and (2).3 Stumbo
confirmed that on December 30, 2005, H&D
was in compliance with that statutory mandate.
Stumbo, the mine safety analyst and an expert witness with past training in first aid, testified the men on the scene could have better controlled Morris's bleeding.
According to Stumbo
, Morris should have been placed on a stretcher with his legs elevated and covered with a blanket.
Methane may have caused mine explosion
Tracy Stumbo, chief investigator at the state Office of Mine Safety and Licensing, was "pretty satisfied it was a methane explosion," said Chuck Wolfe, spokesman for the Environmental and Public Protection Cabinet.