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UNITED STATES
DEPARTMENT OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION

North Central District
Metal and Nonmetal Safety and Health

Accident Investigation Report
Surface Nonmetal Mine
(Limestone)

Fatal Fall of Person Accident

Sandusky Quarry
A. V. Lake Construction Company
I. D. No. 7VT

at

Rogers Group, Inc.
Sandusky, Erie County, Ohio
I.D. No. 33-00151

January 19, 1998

By

Steven M. Richetta
Supervisory Mine Safety and Health Inspector

Donald J. Foster, Jr.
Mine Safety and Health Inspector

Originating Office
515 W. First Street, #333
Duluth, MN 55802-1302

Felix A. Quintana
District Manager

GENERAL INFORMATION

Johnney E. Gregory, contractor laborer, age 40, was fatally injured at about 10:10 a.m. on January 19, 1998, when he fell through an opening in the floor of a screen tower to the ground. This was the third day Gregory had worked on this job. He had no mining experience but had worked as a millwright for about eight years at a factory. He had not received training in accordance with 30 CFR Part 48.

MSHA was notified at 11:00 a.m. on the day of the accident by a telephone call from the manager for the mining company. An investigation was started the same day.

The Sandusky Quarry, a surface limestone mine, owned and operated by Rogers Group, Inc., was located at Sandusky, Erie County, Ohio. The principal operating official was Tom J. House, superintendent. The mine was normally operated two, 10-hour shifts a day, five to six days a week. Total employment was 98 persons. Limestone was drilled and blasted from multiple benches in the quarry. Broken material was transported by truck to crushing and screening plants where it was sized and stockpiled. The finished product was sold for road and building construction.

A. V. Lake Construction Company of Sandusky, Ohio had been contracted to remove and replace two screens and associated chutes and hoppers in the plant and began working on site January 5, 1998. Four to six workers were assigned to complete the job. The principal operating official was Daniel J. Lake, president.

Johnney Gregory was one of three workers hired by A. V. Lake Construction Company through Flex Tech, a temporary worker service located in Sandusky, Ohio. His first day on the job was Wednesday, January 14, 1998.

The last regular inspection of this operation was completed on April 29, 1997. Another inspection was conducted at the conclusion of this investigation.


PHYSICAL FACTORS INVOLVED

The accident occurred at the #4 and #5 screen tower in the plant. The tower was about 85 feet tall to the peak of the roof, 33 feet long, and 35 feet wide. A conveyor head pulley with discharges, two screens, chutes, and portions of two hoppers had been removed from the tower. Removal of these components created several openings, some to lower levels and some to the ground, a distance of 50 feet, 4 inches. The opening in the floor the victim fell through was 9 feet long and varied from 18 to 33 inches wide. Access to this floor was by either walking along the conveyor belt that discharged onto the screens or by a stairway on the east side of the building.

The victim was not wearing a safety belt and line when he fell. A safety harness and line were available in a makeshift shelter located on the same floor. A sign next to the stairway leading to this floor had been posted by the mining company for their plant employees and instructed them to use a harness and line when entering bins.

Neither Rogers Group Inc. or A. V. Lake Construction Company made daily workplace examinations in this area. Reportedly, mining company personnel were in the area on three occasions after work had begun.

Weather conditions at the time of the accident were cold with light snow.


DESCRIPTION OF ACCIDENT

On the day of the accident, Johnney Gregory (victim) reported for work at about 7:30 a. m., his scheduled starting time. His regular foreman was sick and Ronald Wynn, also a foreman, assigned him the task of cutting the large pieces of chutes and hoppers on the fourth floor of the screen tower into smaller pieces so they could be lowered to the ground with a crane.

Work progressed normally for Gregory and the four other workers until after their morning break. Gregory returned to the fourth floor with co-workers Scott Irby and Jimmy Gamblin, who were Flex Tech employees, along with Simon Cohen Jr., who worked for A. V. Lake Construction Company.

Wynn was on the ground where he had been unhooking the lowered steel pieces from the crane. Cohen was attaching the pieces to the load line and giving signals to the crane operator as the pieces were hoisted. Irby and Gregory were using torches to burn holes into the pieces to be hoisted. Gamblin watched the pieces to be sure they cleared the walls and support structure of the building as they were removed.

At about 10:10 a. m., Gamblin saw Gregory step across the opening in the floor on the south side of the west hopper and reportedly warned him not to cross the opening. Gregory continued and sat on the edge of the hopper with his legs inside. Gregory raised himself on his hands off the edge so he could slide down into the hopper. He fell backward through the opening in the floor, passing through the empty storage bin, to the ground.

Gamblin, Irby, and Cohen rushed to the ground where Gregory was lying. Wynn heard the commotion and also ran to the scene. They found Gregory unresponsive and attempted to give him aid. Local authorities and emergency medical personnel arrived a short time later and Gregory was pronounced dead at the scene.


CONCLUSION

The accident was caused by failure of the mine operator and contractor to cover or barricade the opening in the floor. Management's lack of procedures to ensure usage of a safety belt and line contributed to the severity of the accident. Additional contributing factors were lack of daily workplace examinations and failure to indoctrinate new employees in safety rules and procedures.


Roger's Group, Inc.

Order No. 7821751 was issued on January 19, 1998, under the provisions of Section 103k of the Mine Act to protect miners pending an investigation by MSHA to identify any possible hazards to miners.

This order was terminated on January 22, 1998 after MSHA completed its investigation and determined no hazards to miners existed.

Citation No. 7824360 was issued on February 24, 1998, under the provisions of Section 104d1 of the Mine Act for violation of 30 CFR 56.18002a:

A contractor employee working for A.V. Lake Construction Co. was fatally injured on January 19, 1998 when he fell through an opening in the floor of the #4 and #5 screen tower to the ground, a distance of about 50 feet. This opening had been created on a previous workday by removal of a handrail and hopper by the contractor. The mine operator did not assure that a daily workplace examination in the area was performed during the three weeks the contractor has been on the job. A properly conducted workplace examination would have identified this hazard, which should have resulted in corrective action. This is an unwarrantable failure to comply with a mandatory safety standard.
This citation was terminated on February 26, 1998:
The mine operator has established a review process to evaluate safety performance records of contractors considered for future jobs and has changed procedures to take an active role in contractor activities, including conducting area examinations
Order No. 7824361 was issued on February 24, 1998 under the provisions of Section 104d1 of the Mine Act for violation of 30 CFR 56.15005:
A contractor employee working for A.V. Lake Construction Co. was fatally injured on January 19, 1998 when he fell through an opening in the floor of the #4 and #5 screen tower to the ground, a distance of about 50 feet. He was not wearing a safety belt and line. The contractor had been on this job about three weeks removing screens and hoppers and the mine operator made an inadequate effort to assure that safety belts and lines were worn. The mine management knew persons would be exposed to falling hazards due to the type of work being performed. This is an unwarrantable failure to comply with a mandatory safety standard.
This order was terminated on February 26, 1998:
The mine operator has established a review process to evaluate safety performance records of contractors considered for future jobs and has changed procedures to take an active role in contractor activities, including enforcing usage of safety belts and lines where required.
A.V. Lake Construction Company

Citation No. 7824356 was issued on February 24, 1998, under the provisions of Section 104d1 of the Mine Act for violation of 30 CFR 56.11012:

A contractor employee was fatally injured on January 19, 1998 when he fell through an opening in the floor of the #4 and #5 screen tower to the ground, a distance of about 50 feet. This opening had been created on a previous workday when handrails and portions of a hopper were removed. A contractor foreman knew about the opening and failed to take any corrective action. This is an unwarrantable failure to comply with a mandatory safety standard.
This citation was terminated on March 10, 1998:
The contractor has established new procedures to require all floor openings that exist either be covered or protected by railings. The new procedures have been implemented. Workers have been told violating this procedure could result in disciplinary action. The job contract was terminated by the mine operator on 1/22/98 and the contractor no longer works at this mine. These new procedures and policy will be in effect if future work at mines is performed.
Order No. 7824357 was issued on February 24, 1998, under the provisions of Section 104d1 of the Mine Act for violation of 30 CFR 56.15005:
A contractor employee was fatally injured on January 19, 1998 when he fell through an opening in the floor of the #4 and #5 screen tower to the ground, a distance of about 50 feet. He was not wearing a safety belt and line. This opening had been created on a previous workday when handrails and portions of a hopper were removed. A contractor foreman knew the employee would be working where a fall hazard was present and failed to ensure that a safety belt and line was worn. This is an unwarrantable failure to comply with a mandatory safety standard.
This order was terminated on March 10, 1998:
The contractor has established new procedures concerning use of fall protection. This new policy has been implemented and workers have been told that violating the policy would result in them being subject to disciplinary actions. The contractor has improved employee's knowledge of MSHA regulations concerning fall protection. The job contract was terminated by the mine operator on 1/22/98 and the contractor no longer works at this mine. These new procedures and policy will be in effect if future work at mines is performed.
Order No. 7824358 was issued on February 24, 1998, under the provisions of Section 104d1 of the Mine Act for violation of 30 CFR 56.18006:
A contractor employee was fatally injured on January 19, 1998 when he fell through an opening in the floor of the #4 and #5 screen tower to the ground, a distance of about 50 feet. He was not wearing a safety belt and line. The accident occurred the third day on the job and he had not been indoctrinated on safety rules and work procedures concerning fall protection. The contractor foreman knew the employee would be working in areas where a fall hazard existed. This is an unwarrantable failure to comply with a mandatory safety standard.
This order was terminated on March 10, 1998:
The contractor has implemented new procedures involving new employee orientation. They will include temporary workers in their indoctrination of new employees. The indoctrination will include instruction about fall protection and how to wear a full body harness. The job contract was terminated by the mine operator on 1/22/98 and the contractor no longer works at this mine. These new procedures will be in effect if future work at mines is performed.
Order No. 7824359 was issued on February 24, 1998, under the provisions of Section 104d1 of the Mine Act for violation of 30 CFR 56.18002a:
A contractor employee was fatally injured on January 19, 1998 when he fell through an opening in the floor of the #4 and #5 screen tower to the ground, a distance of about 50 feet. The opening had been created on a previous workday. The contractor failed to make daily workplace examinations. A properly conducted examination would have identified this opening as a hazard, which should have resulted in corrective action. This is an unwarrantable failure to comply with a mandatory safety standard.
This order was terminated on March 10, 1998:
The contractor had begun a program that requires their foremen to conduct daily area examinations when working at mines. The program adopted addresses openings in floors and fall protection. It also requires corrective action if hazards have been found. The job contract was terminated by the mine operator on 1/22/98 and the contractor no longer works at this mine. These new procedures will be in effect if future work at mines is performed.


Related Fatal Alert Bulletin:
Fatal Alert Bulletin Icon FAB98M01