Skip to content

UNITED STATES
DEPARTMENT OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION


Western District
Metal and Nonmetal Mine Safety and Health


Accident Investigation Report
Underground Nonmetal Mine


Fatal Powered Haulage Accident


Billie Mine (ID No. 04-04218)
American Borate Company
Furnace Creek, Inyo, California


August 28, 1997

By


Michael J. Drussel
Mine Safety and Health Inspector


David A. Kerber
Mine Safety and Health Inspector



Originating Office
Mine Safety and Health Administration
2060 Peabody, Suite 610
Vacaville, CA 95687



James M. Salois
District Manager


GENERAL INFORMATION



Charles Head, truck driver, age 36, was fatally injured August 28, 1997, when he was run over by a load,haul,dump (LHD). Head had worked in the mining industry for five weeks, all at this mine. He had initially received Newly Employed Inexperienced Miner Training and was in the process of completing his task training at the time of the accident.



Lupe L. Regalado, mine manager, notified MSHA of the accident at 6:30 p.m. on August 28, 1997. An investigation was started the following day.



The accident occurred at the Billie Mine, an underground borate mine jointly owned by American Borate Company and Roscorp Inc. The mine, operated by one of the joint owners the American Borate Company of Death Valley, Inyo County, California, worked three 8-hour production shifts per day, five days a week. There were 55 employees, 52 underground and 3 on the surface.



Borate ore was mined by cut and fill. Ore was loaded on haul trucks by LHD's and transported to the shaft. The ore was then hoisted to the surface where it was trucked to a mill for further processing.



The principal operating officials were Darrell E. Cypert, vice president of western operations, Lupe L. Regalado, mine manager, and Terry L. Hansen, safety coordinator.



The last regular inspection at the mine was completed on June 13, 1997. Following the accident a regular inspection was conducted September 3, 1997.

PHYSICAL FACTORS INVOLVED



The drift at the 1343 work area, where the accident occurred, was 22 feet wide, 14 feet, seven inches high and was mostly straight and level. The only traffic in the area consisted of an LHD unit and a haul truck. Lighting came from the LHD along with the lights from the truck which were on and directed toward the on coming LHD, thus producing a glare for anyone approaching from that direction. The LHD operator also had restricted visibility on his right side when seated. Due to the LHD configuration in front of the operator and the restricted view to the right side, it was estimated that a person lying prone on the ground would not be seen out to a distance of approximately 100 feet in front of the LHD.



The LHD, which ran over the victim, was a Wagner, Model ST 3-1/2, company No.1342. It was powered by a 155-HP diesel engine and was equipped with a 3-1/2 yard bucket. The loader was six feet, five inches wide and weighed 37,333 pounds.



The Eimco 8-Ton haul truck, company No. 1263, was powered by a 185-HP diesel engine. The truck was parked about 11 feet from the rib on the station side of the intersection in the 1343 area. Above it was a ventilation fan which was running with a measured noise level of 101 dba, with the fan running the noise in the area made it difficult to hear the approaching LHD.



All lights on both of the vehicles were operational and in use at the time of the accident.



Tim Embrey assigned the victim his duties at the beginning of the shift and he did not notice any influence of alcohol. A 375-ml bottle of vodka with about 75 ml of vodka remaining in the bottle was found in the victim's lunch cooler, located in the cab of the truck.

DESCRIPTION OF ACCIDENT



On the day of the accident, Charles Head (victim), began work at 3:00 p.m., his regular starting time. Tim Embrey, mine foreman, assigned Head and Jose Dimas to muck out the heading in the 1343 work area. Head drove truck #1263 and Dimas operated LHD #1343. They had finished with the third load shortly before the accident.



Dimas normally loaded the truck and waited for it to empty its load and return, which usually took about 20 minutes. The LHD had an under inflated rear tire so he followed the truck to the shaft station to inflate the tire. After the tire was inflated Dimas noticed the running lights were not functioning properly, so he returned to the shop and had a loose wire fixed on the lights. Head drove his truck to the 1343 work area to wait for the loader operator to return. Head positioned the truck near the intersection facing towards the station, the normal location to wait until summoned to be loaded. He then got off his truck and sat or lay on the floor of the drift across from his truck. He had removed his left boot, suggesting that it had become warm from the truck exhaust or he was clearing foreign material from it. His miner's belt and light were in the truck. The victim had failed to take either with him when he left the vehicle.



Dimas returned about 40 minutes after having gone for repairs, driving past the truck on his way to the heading for another load. With the limited visibility to the right side of the LHD, its unlikely that Dimas could have seen Head lying on the floor. After filling his bucket, he returned to the intersection intending to load Head's truck. The truck did not move into position so Dimas got off his vehicle to check on Head's whereabouts. He found the victim lying in the drift, run-over by the LHD. Dimas ran to other miners in the area for help. Head was checked by Tim Embry, foreman, and a trained Emergency Medical Technician, who determined that the injuries were fatal.



The Inyo County coroner arrived at 11:00 p.m. and pronounced the victim dead. The body was then removed from the mine. The coroner's autopsy report revealed that the cause of death was from massive abdominal bleeding due to a crushing injury. The report also indicated a blood alcohol content of .229.

CONCLUSION



The accident occurred when the victim was struck by a load, haul, dump vehicle. The victim was in the drift at a location used by vehicles to move mined material. He was not wearing a cap lamp, and could not be seen by the LHD operator who struck him. The accident was caused by the unsafe location of the victim, and the failure to utilize a cap lamp which would have illuminated the victim's position. The victim's blood alcohol content of .229 also contributed to his inability to remain attentive to the traffic in the area.

VIOLATIONS



The following citations/orders were issued during this investigation.



Order No.4524354
Issued on August 29, 1997 under the provisions of Section 103-K of the Mine Act.

The mine has experienced a fatal accident at the 1343 intersection; This order is issued to insure the safety of any person in the mine until an examination or investigation is made to determine that the 1343 intersection is safe. Only those persons selected from company officials, State officials, the miners' representative, and other persons who are deemed by MSHA to have information relevant to the investigation may enter or remain in the affected area.



Citation No. 7951825
Issued on August 29, 1997 under the provisions of Section 104(a) of the Mine Act for violation of 30 CFR 57.17010.

A truck driver left his cap lamp on his truck and was sitting or lying in the drift about ten feet from the truck. The driver was waiting for the loader operator to return from the shop to load his truck. The truck driver, not seen by the operator of loader #1342, was fatally injured, August 28, 1997, when he was run over by the returning loader.



Citation No. 7951826
Issued on August 29, 1997 under the provisions of Section 104(a) of the Mine Act for violation of 30 CFR 57.20001.

The operator of truck #1263 was sitting or lying in the drift about ten feet from the truck. The driver was waiting for the loader operator to return from the shop to load his truck. The truck driver, not seen by the operator of loader #1342, was fatally injured August 28, 1997, when he was run over by the returning loader. A partially consumed bottle of vodka was found in his lunch cooler.





/s/ Michael J. Drussel
Mine Safety and Health Inspector

/s/ David A. Kerber
Mine Safety and Health Inspector




Approved by: James M. Salois, District Manager


Related Fatal Alert Bulletin:
Fatal Alert Bulletin Icon [FAB97M46]