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UNITED STATES
DEPARTMENT OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION
COAL MINE SAFETY AND HEALTH

DISTRICT 6


ACCIDENT INVESTIGATION REPORT
(COAL PREPARATION FACILITY)


FATAL HAULAGE ACCIDENT

CONTRACTOR I.D. YIF
SIMP-A-LEX
PIKEVILLE, PIKE COUNTY, KENTUCKY


Accident Occurred At:

BURKE BRANCH TIPPLE (I.D. NO. 15-16470)
PREMIER ELKHORN COAL COMPANY
MYRA, PIKE COUNTY, KENTUCKY


December 30, 1999

By:

Timothy R. Watkins
Mining Engineer


Release Date: April 10, 2000


Originating Office-Mine Safety and Health Administration
4159 North Mayo Trail, Pikeville, Kentucky 41501
Carl E. Boone, II, District Manager

OVERVIEW

In the early hours of Thursday, December 30, 1999, Homer Dale Roberts , machinist's helper was fatally injured when the Ford F-600 welding truck he was operating failed to negotiate a left-hand turn on the main access roadway and traveled over a highwall. Skid marks from the front brakes extended for approximately 125 feet before contacting the earthen berm. The truck traveled through the berm and came to rest at the bottom of the highwall, approximately 160 vertical feet from the location where it left the roadway. There were no eyewitnesses to the accident. The victim was employed by Simp-a-Lex, an independent contractor hired to perform welding operations on Premier Elkhorn Coal Company equipment. This was the victim's first time on this mine property.

The accident occurred because the victim was unfamiliar with the mine property and did not receive adequate hazard training to prepare him for negotiating the roadways on this property. Simp-a-Lex failed to maintain the braking system of the Ford F-600 welding truck and failed to adequately train the victim. Premier Elkhorn Coal Company failed to provide adequate berms and adequate hazard training to the victim. The victim failed to negotiate a left- hand turn on the mine access roadway and slid approximately 125 feet before traveling over the earthen berm and plummeting approximately 160 feet below the roadway.

GENERAL INFORMATION

Premier Elkhorn Coal Company

A fatal haulage accident occurred on the Burke Branch Tipple property operated by Premier Elkhorn Coal Company. Premier Elkhorn Coal Company is a subsidiary of TECO Coal and employs 189 persons. The principal officials of Premier Elkhorn Coal Company are:

J.J. Shackleford ...............President
Clark Taylor .....................Vice President
Bob Zik ............................Vice President
Elwood Robbins ..............Plant Superintendent
Dave Blankenship ...........Safety Director
Dave Wilder ....................Coordinator of Safety and Environmental Affairs
In November of 1992 the facility, located approximately 11/2 miles off US 23 on State Route 610 near Myra, Pike County, Kentucky, began operation. The preparation plant, warehouse and shop are inspected by MSHA under the single identification number 15-16470. However, the property owned by Premier Elkhorn Coal Company also encompasses one surface coal mine and three underground coal mines, each of which is assigned a separate identification number.

Raw coal is supplied to the preparation plant from twelve independent coal companies. The plant operates 2 shifts per day, 7 days a week and processes approximately 4.5 million tons of clean coal per year.

The last health and safety inspection was completed on September 9, 1999.

Simp-a-Lex

In 1997, Simp-a-Lex, an independent contractor (MSHA contractor ID No. YIF) began providing welding services (i.e. line boring) to various coal companies. "Line boring" is the process of restoring worn bushings and pins to original specifications. Simp-a-Lex currently employs 15 persons, 13 of whom routinely performs these services. The victim of the accident, Homer Dale Roberts, began his employment with Simp-a-Lex on June 30,1999. The contractor information supplied to MSHA lists Jerry Bentley as the owner of Simp-a-Lex.

DESCRIPTION OF ACCIDENT

At approximately 5:58 p.m. on December 29, 1999, Homer Dale Roberts (victim) arrived at the guard gate of the Premier Elkhorn Coal Company, Burke Branch Tipple property. Roberts was driving a 1984 Ford F-600, welding truck owned and operated by Simp-a-Lex and had been sent to the property to assist John Coleman, machinist. Roberts and Coleman were employees of Simp-a-Lex, an independent contractor hired to perform welding operations on Premier Elkhorn Coal Company equipment. Coleman had arrived on the property in a Chevrolet, S-10 Blazer (his private vehicle) a few minutes before Roberts.

This was Roberts first time on the Burke Branch Tipple property. Upon arriving at the guard building at the property entrance, Roberts signed a hazard training form and obtained directions to the shop from the security guards. Roberts traveled to the shop where he assisted Coleman in the line boring operations. The job was completed at approximately 12:00 midnight. Roberts departed in the F-600 welding truck and Coleman departed in his S-10 Blazer. Coleman passed Roberts in front of the shop shortly after departing from the rear bays of the shop. This was the last time Coleman saw Roberts.

Coleman continued to the Simp-a-Lex shop, approximately 30 minutes away, and waited for Roberts. When Roberts failed to arrive, Coleman traveled back to the Burke Branch Tipple property. The guards told Coleman they didn't believe Roberts had gone out the gate. Coleman, thinking Roberts may have had vehicle problems, traveled back to Premier's shop looking for Roberts. When Coleman could not find Roberts he returned to Simp-a-Lex's shop. There was still no sign of Roberts. Coleman called Premier's warehouse, which adjoins the shop area. Ted Branham, warehouse clerk, informed Coleman that Roberts was not in the shop. Branham called the guard shack and requested that the roaming guard, Ronald Belcher, look for Roberts.

Belcher traveled the roadway up to the shop and found no sign of Roberts. He then turned around at the warehouse and began traveling down the hill toward the guard shack. As Belcher approached the intersection of the tipple road and the warehouse road he noticed skid marks leading up to the berm. According to Belcher, the skid marks appeared to have stopped at the berm. Belcher was enroute to the next bench of the highwall when the guard shack radioed Belcher and told him that Coleman was on his way back up the hill. Belcher observed Coleman coming up the hill and met him in the roadway. Belcher showed Coleman the location of the skid marks. They shined their flashlights over the highwall and saw a welding machine lying on the next level (bench) down. Coleman identified the welding machine as belonging to Simp-a-Lex. Coleman and Belcher went to the bottom of the highwall where they observed something in the excavated corner of the clean coal stock pile. Coleman went over and verified that the object was the truck operated by Roberts. Belcher radioed the guard shack and informed them of the situation.

A call was made to the 911 emergency services system at 1:49 a.m. The Shelby Creek Rescue Squad was notified at 1:55 a.m. and the DHP Ambulance Service was dispatched to the scene. The ambulance arrived, followed shortly thereafter by members of the Shelby Creek Rescue Squad. The rescue squad extracted Roberts from the truck. Zeb Hampton, Pike County Deputy Coroner arrived on the property at 2:50 a.m. and pronounced Roberts dead at 3:06 a.m.

INVESTIGATION OF THE ACCIDENT

At approximately 3:00 a.m., Buster Stewart, MSHA special investigator, who lives near the mine site, was notified of the accident and proceeded to the accident scene. Reed Kiser, supervisory coal mine inspector, and Carlos Smith, coal mine inspector, of the MSHA Whitesburg, Kentucky field office were notified and joined Stewart at the mine site. A 103(k) order was issued to protect the safety of the miners until an investigation could be conducted. Preliminary information was gathered. The formal investigation into the fatal accident began at approximately 8:00 a.m., on Thursday, December 30, 1999. The investigation was conducted jointly by the Kentucky Department of Mines and Minerals and the Mine Safety and Health Administration. Relevant measurements, photographs and videos were taken and shared by members of both teams. Joint interviews were held at 3:00 p.m., on December 30, 1999, with representatives from Premier Elkhorn Coal Company present.

Michael Campbell, a civil engineer from the Pittsburgh Safety and Health Technology Center, provided assistance in evaluating the ground control aspects during the removal of the welding truck. The Ford F-600 truck was thoroughly examined for any defects in the machine that may have contributed to or caused the accident. This examination was conducted by Terry Marshall, mechanical engineer, of the Mechanical Safety Division, Approval and Certification Center.

The on-site portion of the investigation was completed on January 6, 2000.

DISCUSSION

Examination of Equipment
Truck:

The Ford F-600 welding truck involved in the accident was initially examined where it came to rest following the accident. The truck was taken to Premier Elkhorn Coal Company's shop for a more detailed examination. Terry Marshall, mechanical engineer of the Mechanical Safety Division of the Approval and Certification Center, oversaw the examination. The investigation revealed the following factors relevant to the occurrence of the accident:

1.) The truck sustained severe damage during the accident which left it in two major sections. The rear axle assembly, including the leaf springs, was torn from the truck during the accident and a majority of the load it was carrying was thrown from the bed and storage compartments. The gross weight of the truck was estimated to be at least 17,000 pounds. This estimation only included the weight of two welders and eleven gas welding tanks and did not include any of the of hand tools or miscellaneous materials found at the accident scene.

2.) The vehicle identification number (VIN) plate attached to the vehicle indicated the Gross Vehicle Weight Rating (GVWR) of the truck as 19,700 pounds.

3.) The front brakes were found to be in good operating condition.

4.) Several defects were identified on the rear braking system. Fluid soaked linings, shoe clearances exceeding adjustment limits, malfunctioning automatic adjusters and leaking wheel cylinders significantly compromised the braking performance of the drive axle. Therefore, the steering axle brakes were providing the majority of the braking effort for the truck. This was substantiated by visual examination, testing and examination of the skid marks made by the front tires.

5.) The transmission sustained severe damage during the accident. The shifter had been torn from the transmission's top housing cover and a section of the rear of the transmission housing was missing. Visual examination of the transmission's internal components revealed no obvious damage to the gears, bearings, etc. Evidence indicates the transmission was in neutral at the time of these observations. However, It could not be determined if the transmission was in neutral when the accident occurred.

6.) No functional testing could be completed on the steering system due to the damage sustained by the truck during the accident. Although steering linkages were bent, all were intact from the steering box to the steering knuckles. The steering column shaft had been pulled out of the slip joint on the input side of the steering box. This appeared to have occurred during the accident.

7.) The male connector of the seat belt for the operator's side was found underneath the bench seat and was not connected to the female connector. The latch mechanism was functional when tested. Recovery personnel stated that they did not remove the belt from the victim prior to extraction.

8.) The accelerator pedal assembly had been damaged during the accident. The linkage mounting area was bent and the accelerator pedal was found to be in contact with the brake pedal.

9.) The welding truck was inside the shop where the line boring work was being performed. Therefore, the truck was not subjected to any adverse weather conditions just prior to the accident.

General:

10.) The front tires of the welding truck left continuous skid marks for approximately 125 feet before going over the berm.

11.) The marks on the face of the first ledge indicate that the welding truck was not moving at a high rate of speed when it went over the highwall.

12.) Hazard Training was given at the entrance gate by security personnel employed by A&A Enterprises, Inc. The hazard training consisted of a list of safety rules the visitor was asked to read, sign and date.

13.) The security guard reported that the weather was clear at the time of the accident.

14.) The maximum grade on the haul road where the accident occurred was approximately 8 percent. The average grade was approximately 4 percent.

15.) The height of the undisturbed portion of the earthen berm was found to be approximately 25 inches on the left side and approximately 22 inches on the right side at the location where the truck traveled over the berm.

Victim

16.) Roberts began his employment with Simp-a-Lex on June 30, 1999.

17.) Roberts had no previous mine related work experience prior to his employment with Simp-a-Lex.

18.) Roberts had not received his newly- employed inexperienced miner training prior to being assigned mine-related work duties.

19.) Roberts provided Simp-a-Lex with a training certificate that showed he received newly-employed experienced miner training in September of 1999.

20.) The accident occurred on the victim's initial trip to the Burke Branch Tipple property. He arrived on mine property after dark and was leaving before daylight.

CONCLUSION

The accident occurred because the victim was unfamiliar with the mine property and did not receive adequate hazard training to prepare him for negotiating the roadways on this property. Simp-a-Lex failed to maintain the braking system of the Ford F-600 welding truck and failed to adequately train the victim. Premier Elkhorn Coal Company failed to provide adequate berms and adequate hazard training to the victim. The victim failed to negotiate a left- hand turn on the mine access roadway and slid approximately 125 feet before traveling over the earthen berm and plummeting approximately 160 feet below the roadway.

ENFORCEMENT ACTIONS

Premier Elkhorn Coal Company

1. A 103(k) Order, Number 7368304, was issued to insure the safety of any person utilizing the roadway until an investigation could be conducted.

2. A 104(a), S&S, Citation, Number 7368305, was issued under 30 CFR, Section 48.31 for not providing adequate hazard recognition and avoidance training.

3. A 104(a), S&S, Citation, Number 4509569, was issued under 30 CFR, Section 75.1605 (k) for not providing adequate berms along the outer banks of elevated roadways.

Simp-a-Lex

1. A 104(d)(1) Citation, Number 7368306, was issued under 30 CFR, Section 48.25 for not providing adequate training to a newly employed inexperienced miner before assigning him work at various mine sites.

2. A 104(a), S&S, Citation, Number 7368307, was issued under 30 CFR, Section 77.1605(b) for not maintaining adequate rear brakes on the Ford F-600 welding truck involved in the accident.

3. A 104(a), S&S, Citation, Number 7368308, was issued under 30 CFR, Section 48.31 for not providing adequate hazard recognition and avoidance training.

Approved By:

Carl E. Boone, II
District Manager


Related Fatal Alert Bulletin:
FAB99C34

APPENDIX A

LIST OF PERSONS PARTICIPATING IN THE INVESTIGATION

PREMIER ELKHORN COAL COMPANY
Dave Blankenship ............................................Director - Safety and Environmental Affairs
Dave Wilder .....................................................Coordinator - Safety and Environmental Affairs
Rick Johnson ...................................................Manager of Operations
Dave Creech ....................................................Maintenance Supervisor
SIMP-A-LEX
Jerry Bentley ...................................................Owner
John Coleman .................................................Machinist
Ryan Bentley ...................................................Laborer
A AND A ENTERPRISES, INC.
(Security Services)
Ronald Belcher ................................................ Roaming Guard
SHELBY CREEK VOLUNTEER RESCUE SQUAD
Donna Handshoe                     Donna Mullins
Rick Handshoe                        Ralph Mullins
Anthony Newsome                  Karen Newsome
PIKE COUNTY, KENTUCKY OFFICIALS

Zeb Hampton ...................................................Deputy, Pike County Coroner
KENTUCKY DEPARTMENT OF MINES AND MINERALS
Tracy Stumbo.........................................Chief Accident Investigator
Eddie Ratliff .......................................Inspector Principle
Greg Goings .........................................Surface Safety Analyst
Mike Elswick ........................................Mine Inspector
Brad Fuller .........................................Electrical Inspector
MINE SAFETY AND HEALTH ADMINISTRATION
Don Braenovich ....................................Mine Safety and Health Specialist - Division of Safety
Reed Kiser ............................................Supervisory, Coal Mine Inspector
Wally McMasters ..................................Conference Officer
Steve Justice ........................................Coal Mine Inspector, Electrical Specialist
Carlos Smith .........................................Coal Mine Inspector
Buster Stewart ......................................Special Investigator
Timothy R. Watkins ..............................Mining Engineer
Terry Marshall .......................................Mechanical Engineer - Approval and Certification Center
D. Michael Campbell .............................Civil Engineer - PS&HTC, Mine Waste and Geotechnical
                                                                .Engineering Division

APPENDIX B

LIST OF PERSONS INTERVIEWED
John Coleman ...................................Machinist
Ronald L. Belcher ..............................Security Officer
Ryan Bentley ...................................Laborer
Ted Branham ....................................Warehouse Clerk
Delbert Ison, Jr. ..............................Maintenance Superintendent
Jerry Bentley ..................................Owner