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UNITED STATES DEPARTMENT OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION

ROCKY MOUNTAIN DISTRICT
Metal and Nonmetal Mine Safety and Health

Accident Investigation Report
Surface Sand and Gravel

Fatal Machinery Accident

Terry Jackson Construction Plant
Terrance C. Jackson Construction Company
Loa, Wayne County, Utah
I.D. No. 42-02199

May 26, 1998

by,
Larry O. Weberg
Supervisory Mine Safety and Health Inspector

Richard S. Ferreira
Mine Safety and Health Inspector

Originating Office
Rocky Mountain District
P.O. Box 25367, DFC
Denver, CO 80225-0367

Robert M. Friend
District Manager

GENERAL INFORMATION

Deloy Albert Stewart, crusher operator, age 56, was fatally injured at about 9:00 a.m., on May 26, 1998, when he came in contact with a rotating shaft at the crushing plant. Stewart had a total of 20 years mining experience, the past 5 days as a crusher operator at this mine. He had not received training in accordance with 30 CFR Part 48.

MSHA was notified by a telephone call from the Salt Lake City, Utah, OSHA office on the day of the accident. The OSHA office had been notified by the local sheriff's office. An investigation was started the same day.

The Terry Jackson Construction Plant, a portable sand and gravel operation, owned and operated by Terrance C. Jackson Construction, was located at Loa, Wayne County, Utah. The principal operating official was Terrance C. Jackson, owner. The crushing plant was normally operated one, 8-hour shift a day, 5-days a week, depending on the demand for material. A total of 2 persons was employed.

Sand and gravel was extracted from a single bench in the pit by a front-end loader and dumped directly into a plant feed hopper. The product was then conveyed to a crushing plant. The finished products were sold primarily for use as road base and drainage material.

MSHA had not been notified of the commencement of operations. The mine had been in operation for about 5 years. A safety and health inspection was conducted following this investigation.

PHYSICAL FACTORS INVOLVED

The accident occurred at the portable crusher, which was located adjacent to the pit. A jaw and roll crusher, conveyor belts and a screening deck were components which made up the portable plant. The plant was driven by a diesel engine and a manual transmission, which were mounted on an over-the-road trailer.

The drive shaft, connecting the engine/transmission to the plant, was 5-feet long and 3 inches in diameter. Universal joints, 8 inches in diameter, were provided at each end of the shaft. The shaft was 43 inches above ground level and was not guarded. At the time of the accident, the diesel engine was running at full speed and the transmission was engaged.

On the day of the accident the weather was cold, extremely windy and visibility was poor because of blowing dust.

DESCRIPTION OF THE ACCIDENT

On the day of the accident, Deloy Stewart (victim) reported to the main shop at Bicknell, Utah, for work at 8:00 a.m., his regular starting time. Stewart and Bill Jones, front-end loader operator, drove to the crusher, arriving about 8:30 a.m. Stewart started the plant while Jones dumped one bucket of pit run material in the plant feed hopper. Jones changed front-end loaders at this time because a window was missing from the cab. He discovered that the loader he had switched to was low on crankcase oil and informed Stewart of the problem. Stewart brought Jones the oil and then returned to monitor the plant.

Jones needed a funnel to add oil to the loader and when he left to get a funnel, he discovered that Stewart was caught in the rotating shaft at the universal joint. Jones moved Stewart away from the shaft and placed him on the ground. Realizing that Stewart was seriously injured, Jones called for help on his CB radio. A truck driver intercepted Jones's call and subsequently notified the local Sheriff's office. Arrangements were made to air lift the victim to a hospital; however, he died on site a short time later.

CONCLUSION

The primary cause of the accident was failure to guard the drive shaft. Failure to indoctrinate the victim in safety rules and safe work procedures may have been a contributing factor.

VIOLATIONS

Order No. 7907802 was issued on May 27, 1998, under the provisions of Section 103(k) of the Mine Act to ensure the safety of persons until the affected areas of the mine could return to normal.

This order was terminated on May 28, 1998, after it was determined that the mine could safely resume operation.

Citation No. 7900171 was issued on June 25, 1998, under the provisions of Section 104(d)(1) of the Mine Act for violation of 30 CFR 56.14107(a):

A fatal accident occurred at this mine on May 26, 1998, when the crusher operator came in contact with an unguarded rotating shaft, which powered the crushing/screening plant. The rotating shaft was accessible and was not guarded. Failure to guard the shaft is a serious lack of reasonable care in that management knew the drive shaft was not guarded. This is an unwarrantable failure to comply with a mandatory safety standard.

This citation was terminated on June 25, 1998, after the crushing plant was dismantled and permanently taken out of service. There is another screening plant on site with its own power source, which meets the guarding requirements of this standard.

Order No. 7900174 was issued on June 25, 1998, under the provisions of Section 104(d)(1) of the Mine Act for violation of 30 CFR 56.18002(a):

A fatal accident occurred at this mine on May 26, 1998, when the crusher operator came in contact with an unguarded rotating shaft, which powered the crushing/screening plant. Working place examinations were not conducted for conditions which adversely affect safety or health to employees. The lack of a guard on the rotating shaft was obvious, yet the mine operator failed to initiate appropriate action to correct the condition. This is an unwarrantable failure to comply with a mandatory safety standard.

This order was terminated on June 25, 1998, after the mine operator instituted a program for work place examinations.

Order No. 7900175 was issued on June 25, 1998, under the provisions of Section 104(d)(1) of the Mine Act for violation of 30 CFR 56.18006:

A fatal accident occurred at this mine on May 26, 1998, when the crusher operator came in contact with an unguarded rotating shaft which powered the crushing/screening plant. The victim had been employed for 5 days and had not been indoctrinated in safety rules and safe work procedures. Failure to indoctrinate employees is a lack of reasonable care and an unwarrantable failure to comply with a mandatory safety standard.

This order was terminated on June 25, 1998, after the mine operator initiated a program to ensure indoctrination of new employees.

Order No. 7900172 was issued on June 25, 1998, under the provisions of Section 104(d)(1) of the Mine Act for violation of 30 CFR 50.10:

A fatal accident occurred at this mine on May 26, 1998. The mine operator failed to notify MSHA. MSHA learned of the accident after local authorities contacted OSHA. This is an unwarrantable failure to comply with a mandatory standard.

This order was terminated on June 25, 1998, after the mine operator committed to future compliance with the mandatory reporting requirements of 30 CFR Part 50.

Order No. 7900173 was issued on June 25, 1998, under the provisions of Section 104(d)(1) of the Mine Act for violation of 30 CFR 56.1000:

The mine operator failed to report commencement of operation to MSHA. The portable plant commenced operations at this location in November, 1997. This company has been in the mining business for the past 5 years and failed to notify MSHA of its mining activities. This is an unwarrantable failure to comply with a mandatory standard.

This order was terminated on June 25, 1998, after the mine operator committed to compliance with the requirements of 30 CFR 56.1000.

Related Fatal Alert Bulletin:
Fatal Alert Bulletin Icon FAB98M25