Skip to content
UNITED STATES
DEPARTMENT OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION

Report of Investigation

Surface Nonmetal Mine
(Granite)

Fatal Machinery Accident
June 24, 2000

Spruce Pine
Vulcan Construction Materials, LP
Spruce Pine, Mitchell County, North Carolina
Mine I.D. 31-01840

Accident Investigators

Elton L. Hobbs
Mine Safety and Health Inspector

Ronald Medina
Mechanical Engineer

Thomas J. Morgan
Mine Safety and Health Specialist


Originating Office
Mine Safety and Health Administration
Southeast District
135 Gemini Circle, Suite 212; Birmingham, AL 35209
Martin Rosta, District Manager





OVERVIEW


On June 24, 2000, James H. Harrelson, equipment maintenance man, age 58, was critically injured when he was struck by a tree that fell from the bucket of an excavator. He died on July 1, 2000 as a result of injuries sustained in the accident.

The accident occurred because management failed to implement procedures that ensured persons were clear of the suspended load. Failure to equip the excavator with the proper attachment to secure the load while it was being moved was a contributing factor.

Harrelson had a total of seven years and nine months mining experience. He had worked the past year and three months with this company. He had received training in accordance with 30 CFR Part 48.

GENERAL INFORMATION


Spruce Pine, a crushed granite operation, owned and operated by Vulcan Construction Materials, LP, was located on State Rt. 1197, four miles north of Spruce Pine, Mitchell County, North Carolina. The principal operating official was Sammy Peek, plant manager. The mine was normally operated one, 8-hour shift a day, 5 days a week. Total employment was 14 persons.

The mine consisted of a multiple-bench quarry accessed by declined roadways. After overburden was removed, the material was drilled, blasted, and loaded into haul trucks. Granite was transported to the mill where it was crushed, sized and stockpiled. The finish product was sold for construction aggregate.

The last regular inspection at this operation was completed January 5, 2000. A regular inspection was conducted following this investigation.

DESCRIPTION OF ACCIDENT


On the day of the accident, James Harrelson (victim) reported for work at 7:00 a.m.. He and his co-workers were working on Saturday to remove trees from beside the main access road to the mine as part of a beautification project and so the road could be widened. Gary Riddle, foreman, had earlier removed a hydraulic rock breaker from the excavator that was going to be used to move the trees and replaced it with a standard bucket.

The group discussed their assigned tasks which was to clear underbrush and remove six sizeable trees. Sammy Peek, plant manager, would operate the excavator and Dallas Burelson, equipment operator, would operate the bull dozer. Harrelson and Lester Jones, crusher operator, were to assist with removing the underbrush. Their duties included sawing off limbs and cutting the trees into sections that would fit into the bucket of a front-end loader. The limbs and trees would then be loaded into a haul truck and removed from the area. Work proceeded without incident during the morning hours and underbrush had been removed from around the trees that were to be taken down. After lunch, at about 12:30 p.m., the group returned to the work area. Peek used the excavator to push down the first large tree. Peek was unable to position the excavator to pick up or balance the tree so Burleson used the dozer to push the tree across the access road to a clearing where Harrelson and Jones began to saw off limbs and saw the tree into sections for removal. As the tree was being sawed, Peek pushed down a second tree that was about 58 feet tall. After the tree was down, he cleaned up some underbrush, giving Harrelson and Jones additional time to cut up the first tree.

Peek then picked up the tree and balanced it on the excavator's bucket. He saw Jones behind the brush pile and thought Harrelson was down at the pick-up truck . As he swung the tree across the access road, the top of the tree struck a brush pile, causing it to fall off the bucket. Harrelson was kneeling down sawing, with his back to the excavator, when the tree fell from the bucket, striking him in the lower back. While Harrelson was being attended to, Jones called 911. Emergency personnel arrived within several minutes and Harrelson was transported to the local hospital. His injuries consisted of a broken leg, crushed pelvis and internal injuries. He died from his injuries on July 1, 2000.

INVESTIGATION OF THE ACCIDENT


At 3:45 p.m., on June 24, 2000, Harry Verdier, assistant district manager, was notified of the accident by a telephone call from Jonathan Mann, safety and health representative for Vulcan Construction Materials, LP. MSHA began an investigation the same day with the assistance of mine management, mine employees and the North Carolina state inspector. An order was issued pursuant to Section 103(K) of the Act to ensure the safety of miners. The miners did not request nor have representation during the investigation.

DISCUSSION


1. The accident occurred along the right side of the main access road, where trees were being removed to widen the road. The existing road was about 23 feet wide, constructed with crushed aggregates and almost level.

2. The equipment involved in the accident was a Komatsu track-type excavator, model PC250LC-6L, powered by a 133-horsepower, six-cylinder diesel engine. At the time of the accident it was equipped with a 1.6 cubic yard excavator style bucket that was 37 inches wide and had five teeth, nine inches long.

3. The machine was tested. A load approximately twice the estimated weight of the poplar tree that struck the victim was placed in the bucket and the excavator was operated to simulate the reported arm, boom, and bucket movements at the time of the accident. This movement reconstruction consisted of the boom being elevated, the arm extended forward somewhat and the bucket curled back so that the heel of the bucket was pointing straight down and the opening of the bucket was level. The angle between the arm and the opening of the bucket was approximately 60 degrees when looking at it from the side. While in this position, the upper structure was swung both clockwise and counterclockwise to simulate the motion of the moving tree at the time of the accident. The loaded bucket maintained its level position throughout this operation. No defects were found.

4. The poplar tree was about 58 feet long with a diameter of 11 inches at the base with a smaller 5-inch diameter, parallel branch attached at the base. The branch was about 30 feet long. The entire tree was estimated to weigh about 2300 pounds. The weight was calculated by multiplying the density of green poplar wood by the volume of a tree trunk 11 inches in diameter by 58 feet long, plus the volume of a tree branch 5 inches in diameter by 30 feet long. The diameter at the top of the tree would be less than at the base, but the full diameter was used in the calculation to account for the branches.

5. At the beginning of the shift the excavator was equipped with a hydraulic breaker designed for rock breakage. This attachment was removed and a standard bucket installed. The bucket was not equipped with a thumb grapple designed for handling and removing trees which was available from the manufacturer.

6. The victim was working on the ground slightly behind the operator's compartment and on the right side of the operator at the time of the accident. The boom structure and boom lift cylinders created a large blind area on the operator's right side.

CONCLUSION


The root cause of the accident was management's failure to implement procedures that ensured persons were clear of the suspended loads. Failure to equip the excavator with the attachment designed for this type work was a contributing factor.

ENFORCEMENT ACTION


Order No. 7778573 was issued on June 24, 2000, under the provisions of Section 103(k) of the Mine Act:
An employee was seriously injured at this operation on June 24, 2000, when he was hit by a tree that was being moved with an excavator. This order is being issued to assure the safety of persons at this operation until the mine or affected areas can be returned to normal operations as determined by an authorized representative of the secretary. The mine operator shall obtain approval from an authorized representative for all actions to return affected areas of the mine to normal.
The order was terminated on June 26, 2000. Conditions that contributed to the accident have been corrected and normal mining operations can resume.
Citation No. 7778589 was issued on July 5, 2000, under provisions of 104(a) of the Mine Act for violation of 30 CFR 56.16009:
A maintenance man was injured at this operation on June 24, 2000, when he was struck by a tree that fell from the bucket of an excavator. He died from these injuries on July 1, 2000. The tree had been lifted and balanced on the bucket of the excavator. The machine was swung in the process of moving the tree before all persons were clear of the suspended load hazard.
This citation was terminated on August 22, 2000. Employees were re-trained in the hazards and the requirement to stay clear of suspended loads.
Citation No. 7778590 was issued on July 5, 2000, under provisions of 104(a) of the Mine Act for violation of 30 CFR 56.14205:
A maintenance man was injured at this operation on June 24, 2000, when he was struck by a large tree that fell from the bucket of an excavator. He died from these injuries on July 1, 2000. The excavator was equipped with a standard bucket that was not designed for handling or moving trees.
This citation was terminated on August 22, 2000. Company issued a written statement that employees shall use the proper equipment with the proper attachments to accomplish a task


Related Fatal Alert Bulletin:
Fatal Alert Bulletin Icon FAB2000M28

APPENDIXES

A. Persons Participating in the Investigation
B. Persons Interviewed
C. Accident Investigation Data Form 7000-50a
D. Victim Data Form 7000-50b


APPENDIX A

Persons Participating in the Investigation

Vulcan Construction Materials, LP
Tim Upchurch, area production manager mid-east division
Larry Miller, director of human resources mid-east division
Richard Seago, manager corporate safety administration
Sammy Peek, plant manager
Jonathan Mann, NC safety and health representative
Truman Chidsey, manager safety and health mid-east division
Harvey Higgins, mechanic mid-east division
Gary Riddle, foreman
Lester Jones, jaw crusher operator
Daniel Johnson, loader operator
Dallas Burleson, equipment operator
John McKinney, rock breaker operator
North Carolina Department of Labor
Allan Greene, mine safety and health representative mine division
Mine Safety and Health Administration
Elton L. Hobbs, mine safety and health inspector
Ronald Medina, mechanical engineer
Thomas Morgan, training specialist

APPENDIX B Persons Interviewed
Sammy Peek, plant manager
Gary Riddle, foreman
Lester Jones, jaw crusher operator
Daniel Johnson, loader operator
Dallas Burleson, equipment operator
John McKinney, rock breaker operator