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

REPORT OF INVESTIGATION

Surface Coal Mine

Fatal Powered Haulage Accident
May 8, 2000
Gooseneck Branch Mine
Lodestar Energy, Inc.
Freeburn, Pike County, Kentucky
ID No. 15-18045

Accident Investigators

Buster Stewart
Special Investigator

Robert H. Bellamy
Mining Engineer

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





Overview


On Monday May 8, 2000, at 10:00 p.m., Mark McNeil, age 47, truck operator, for Lodestar Energy, Inc., Gooseneck Branch Mine, was fatally injured while operating a Caterpillar 777B rock truck.

McNeil's assignment this date was to haul overburden to Hollowfill No.6 from the Cedar Grove No. 3 split coal pit. John Anderson, D11N Caterpillar dozer operator, was present on the fill and observed the accident. Earlier in the shift, the truck operators had been dumping on top of the hollow fill to level a low spot. This continued until the top of the fill was full of dumped loads. McNeil then contacted Anderson by citizens band radio (CB) and asked Anderson to level the top off. As Anderson was leveling the top, McNeil arrived on the fill and backed up to the berm as if to dump, but instead pulled forward. He then backed at an angle to the right toward an area where the berm was low. Anderson observed the truck reach the edge of the fill and then the front wheels of the truck raised off the ground. The truck then disappeared going backward over the edge of the fill. McNeil was ejected from the truck approximately 267 feet from the top of the fill. The truck then traveled approximately another 141 feet before coming to rest on its left side.

The accident occurred because the berm at the dumping location was not sufficient to prevent overtravel of the truck.

GENERAL INFORMATION


Lodestar Energy, Inc., Gooseneck Branch Mine is a surface mine located off Kentucky Route 194E on Pounding Mill Road near Freeburn, Pike County, Kentucky. The mine employs 85 persons on two production shifts per day. The principal officers listed on the mine legal identity are:
Jim Smith....................Superintendent
Paris Charles...............Safety Director
This surface mine began operation in September 1998, and uses a combination of mountaintop and contour mining methods with cross-valley hollowfills for spoil management. Coal is produced from eleven different seams. The mining process involves drilling blast holes, insertion and detonation of explosives, and removal of overburden and coal from each coal seam. The process is repeated for each successive seam of coal. Coal is then transported by trucks to several loadout facilities located in Pike and Floyd Counties in Kentucky.

Four production crews are utilized at this mine. A ten-hour day shift and ten-hour night shift operate for four consecutive days. Then another set of crews (day-shift and night-shift) operate the next four consecutive days. Maintenance is scheduled and conducted as needed. The mine normally operates seven days per week, producing approximately 2,000 tons of coal per day.

The last MSHA health and safety inspection of the mine was completed on November 23, 1999.

DESCRIPTION OF ACCIDENT


On Monday May 8, 2000, Roger Bartley, day-shift foreman, and Rodney Lindon, second-shift foreman, conducted a pre-shift examination of the mine from 5:00 p.m. to 6:00 p. m. No hazards were recorded in the record book following this examination. The areas of the mine to be worked on second-shift were determined by Lindon.

At 6:00 p.m., the second-shift crew, consisting of 13 men under the supervision of Lindon, started work. Lindon assigned work duties to each man. One crew, consisting of front end loader operator Clarence Salyers, rock truck operators Steve Haynes and Mark McNeil (victim), and dozer operator John Anderson, was assigned to work at the Cedar Grove #3 pit. A road and pad where the loader and trucks would be working were constructed by the dozer and loader. When this was completed at approximately 8:00 p.m., Salyers started loading the rock trucks with binder (rock) and soil. Haynes and McNeil were instructed by Lindon to haul to Hollowfill No. 6 and dump on top to fill a low area.

As darkness set in the operators' vision depended on illumination provided by the equipment as a light plant was not utilized in the area. The weather was clear and work proceeded without event until approximately 9:30 p.m. when the top of the fill became full of loads. McNeil used the citizen band radio (CB) to inform Anderson that the top of the fill needed to be leveled.

Anderson then left the pit area and traveled to the top of the fill and started leveling it. Anderson observed Haynes dumping a load at the edge, then leaving the fill area to get another load. McNeil then arrived at the fill area and squared up the truck to the berm as if to dump the load over the edge. McNeil then, for reasons unknown, pulled forward without dumping, and repositioned the truck to the right of his original position. He approached the edge at an angle and in an area where the berm was not adequate to prevent overtravel of the dumping area. Anderson stated that when he observed McNeil he believed he had backed too close to the edge of the fill. Anderson started to inform him by CB radio that he was too close and needed to pull forward. Anderson stated the front of the truck came up off the ground and the truck then went rearwards over the edge of the fill. Anderson then notified the other employees by CB radio that McNeil had gone over the edge of the fill. McNeil was ejected from the truck approximately 267 ft. from the top of the fill. The truck then traveled another 141 ft. before coming to rest on its left side.

Rodney Lindon, second shift foreman, stated he had visited the Hollowfill No. 6 dumping area several times during the shift and observed no problems; the last time he visited the dumping area had been approximately five minutes prior to the accident. The interviews revealed no problems had been reported with the rock truck (company number RT-417) involved in the accident.

INVESTIGATION OF ACCIDENT


Monday, May 8, 2000, at 11:00 P.M., Benny Freeman, MSHA Phelps Field Office Supervisor, received a phone call from Roger Bartley stating that a fatal accident had occurred at the Gooseneck Branch Mine. Freeman subsequently notified Carl E. Boone, II, District Manager; John South, Accident Coordinator; and W.R. Compton, Assistant District Manager for Enforcement. He then contacted Mike Wolford, MSHA Inspector, and instructed Wolford to meet him at the Phelps Field Office.

Freeman and Wolford traveled to the mine site and met Bartley, Lindon , Jimmy Johnson, Manager of Operations; John Addington, General Supertindent, and Harlan Hammond, Safety Inspector. Wolford informed Bartley he was issuing a 103 (k) Order, closing the entire mine site.

The victim was recovered at 4:00 a.m. Loose material in the hollowfill and the lack of an access road delayed recovery of the victim. Ernie Casebolt, Pike County Deputy Coroner, pronounced the victim dead at the site at 2:00 a.m., Tuesday, May 9, 2000.

Buster Stewart and Robert Bellamy from MSHA's Pikeville Office began the accident investigation on May 9, 2000. The site was examined, photographed, and videotaped. Mechanical engineers from MSHA's Technical Support Office arrived on-site on May 10, 2000. Jim Angel and Terry Marshall conducted a mechanical inspection of the truck. They were assisted by Tim Hunt, a mechanic for Whayne Supply, the local Caterpillar distributor. Ron Miles, Civil Engineer from MSHA's Technical Support, examined Hollowfill No. 6 to determine if a ground failure may have contributed to the accident.

At the mine site, David Phillips, Greg Goins, Mike Elswick, Eddie Ratliff, Raymond Slone and Tracy Stumbo represented the Kentucky Department of Mines and Minerals (KDMM). KDMM conducted the recovery of the body and a separate investigation. Joint interviews between MSHA and KDMM of persons thought to have information pertinent to the accident were conducted on May 10, 2000, at the KDMM office at Pikeville, Kentucky.

DISCUSSION


The investigation revealed the following physical factors relevant to the accident:

1. John Anderson, dozer operator, was an eyewitness to the accident.

2. Mark McNeil was operating a Caterpillar 777B end- dump truck to haul overburden to the dumping area designated as Hollowfill No. 6. He was attempting to dump the material over the edge when the truck went over the outslope.

3. The location of the dump where the truck went over the edge, the berm was lower than other areas of the berm, creating an opening. The height of the berm was 29 inches in the center of the opening but at the points where the tires of the truck had traveled, no berm was present.

4. The surface of the dumping location was sloped gently to the right. It was located on the fringe of a transition area to an access road leading to a lower pit.

5. The truck was backed to the dumping location at an angle rather than being perpendicular to the edge. The right rear wheels, which are opposite the driver's side, would have dropped over the edge in advance of the left side wheels.

6. The truck was equipped with a rollover protection system and a seatbelt. Evidence obtained during the investigation indicated McNeil was not wearing the seatbelt.

7. The truck was equipped with backup lights and mirrors that, according to the other drivers, was adequate to enable the driver to see the location of the rear wheels and ground area while backing up. Damage to the truck, which occurred as a result of the accident prevented subsequent evaluation of the illumination and mirrors of this truck.

8. The truck came to rest approximately 408 feet from the point where it went over the edge. The victim was ejected from the truck at a location approximately 267 feet from the crest of the dump edge. There did not appear to be any indications of a slope failure in the area where the truck went over the edge. The angle of approach, the reduced height of the berm, and the possibility of inadequate lighting may all have contributed to the accident.

9. Defects found on the truck after the accident included: inoperative front brakes, a rear hydraulic master cylinder overstroke condition that was not corrected by maintenance personnel, and a disabled visual warning light for the electronic monitoring system. However, these defects were unlikely to have contributed to the accident based on tests conducted on the service brakes, the written statements from Caterpillar regarding the service brake capacities, and the negligible grade in the dumping area. Visibility and lighting were reportedly sufficient, however, damage to the truck's mirrors prevented any information from being obtained about whether the driver could actually see the area immediately behind and around his rear tires.

10. McNeil had 20 years mining experience, 1 year and seven months of which were obtained at this mine. His regular job was a shovel operator but he was working as a truck operator on an extra shift on the date of the accident. He had received training in accordance with 30 CFR Part 48 for both tasks.

CONCLUSION


The accident occurred because the berm at the edge of the hollowfill dumping location was inadequate to prevent overtravel of the the truck. The truck traveled over the edge while positioning to dump. The victim was fatally injured when the truck bounded down the steep, rocky outslope, and the victim was ejected from the vehicle. The lack of seat belt usage might have contributed to the severity of the accident.

ENFORCEMENT ACTIONS


A 103 (k) Order , Number 7360142, was issued on May 9, 2000, at 12:15 a.m. to assure the safety of the miners at this surface mine until an examination or investigation was completed.

A 104 (a) Citation, Number 7369113, was issued on May 18, 2000, for a violation of 30 CFR 77.1605(l). The berm was inadequate to prevent overtravel of the Caterpillar 777B truck over the outer edge of the dump.

A 104 (d) (1) Citation, Number 7369114, was issued on May 18, 2000, for a violation of 30 CFR 77.1710(i). The mine operator did not require employees to wear seat belts when operating equipment with rollover protection.

Related Fatal Alert Bulletin and Accident & Injury Report(s):
FAB00C11      A & I Reports - (File is PDF)




Photograph of Accident Scene

APPENDIX A

The following persons provided information and/or were present during the investigation:

Lodestar Energy, Inc.
Jimmy Johnson .................... General Manager
John Addington .................... Superintendent
Jim Smith .................... Asst. Superintendent
Rodney Lindon .................... Foreman
Roger Bartley .................... Foreman
Harlan Hammond .................... Safety
Paris Charles .................... Safety Director
John Anderson .................... Dozer Operator
Steve Haynes .................... Truck Driver
Clarence Salyers .................... End Loader Operator
Ralph Lovely .................... Master Mechanic
David Nichols .................... Mechanic
David Cornett .................... Mechanic
Doug Clay .................... Truck Driver
Bobby Scott .................... Greaser/Truck Driver
Eberly Davis .................... Attorney
Glen Ousley .................... Engineer
Joe Tussey .................... Engineer
Whayne Supply Company
Tim Hunt .................... Mechanic
Kentucky Department of Mines and Minerals
Tracy Stumbo .................... Chief Accident Investigator
Greg Goins .................... Accident Investigator
Mike Elswick .................... Accident Investigator
Mine Safety and Health Administration
Buster Stewart .................... Special Investigator
Robert H. Bellamy .................... Mining Engineer
Mike Wolford .................... Coal Mine Inspector
Benny Freeman .................... Supervisory Coal Mine Inspector
John S. South .................... Supervisory Special Investigations
Jim Angel .................... Mechanical Engineer
Terry Marshall .................... Mechanical Engineer
Ron Miles .................... Civil Engineer
Harold Thornsbury .................... Training Specialist
Larry Johnson .................... Health & Safety Specialist, Headquarters Office
Bryan Daugherty .................... Attorney, Office of Associate Regional Solicitor
List of Persons Interviewed

Lodestar Energy, Inc.
John Lee Addington .................... Superintendent
Rodney Lindon .................... Foreman
Roger W. Bartley .................... Foreman
Bobby Lee Scott .................... Utility Operator
Walter Douglas Clay .................... Truck Operator
David Glenn Cornett .................... Mechanic
Ralph Lovely .................... Master Mechanic
David G. Nichols .................... Mechanic
Clarence Salyers .................... Loader Operator
Steve Wilson Haynes .................... Bulldozer Operator
Johnny Anderson .................... Bulldozer Operator