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Greenbrier resort owner cited in 2008 mining death

Jul, 13 2009

(CHARLESTON, West Virginia) -- A company controlled by Greenbrier resort owner James C. Justice II has been cited by federal regulators for safety violations that led to the August 2008 death of a coal miner in Wyoming County.

Double Bonus Coal Co. was cited for five violations and two of its contract firms were cited for a total of seven violations, according to a report made public Friday by the U.S. Mine Safety and Health Administration.

Fines for the violations have not yet been assessed by MSHA, but the four citations issued to contracting firm B&L Trucking were listed by federal inspectors as involving "unwarranted failure to comply" with safety rules. Company officials could not immediately be reached for comment.

The MSHA report examined the Aug. 22, 2008, death of 38-year-old Danny L. Jones of Bradshaw, who was a truck driver at Double Bonus' No. 65 Mine.

Jones was killed when he lost control of his truck going down a hill on the Pumpkin Patch Haulroad near Burke Mountain, which runs between the No. 65 Mine and the company's Keystone No. 1 Preparation Plant.

Federal inspectors blamed the death on mechanical problems with the truck and poor training provided to Jones, who had been on the job only a few days.



"The accident occurred because the RD 686SX Mack coal haulage truck had numerous mechanical defects, the seat belt was missing, and the victim was not properly trained," the MSHA report said. "The victim had three days experience operating a coal haulage truck at this site."

MSHA investigators found the truck's transmission and brakes weren't working properly, and that the vehicle had no seat belt, no tachometer and no speedometer.

"The truck defects found on the day of the accident were known by the foreman of B&L Trucking," the MSHA report said. "The truck was not maintained in safe operating condition and should have been removed from service."

MSHA also concluded that Jones received inadequate training that did not instruct him in the safe operating procedures of the truck, and that since the training took place in the truck that was poorly maintained, "several aspects of the 'training' were inadequate and/or incorrect."

Double Bonus was part of Justice's Bluestone Coal family of companies until May 2009, when Justice sold most of his coal holdings to the Russian firm Mechel, closing on that deal the day after he announced his purchase of The Greenbrier for nearly $23 million.

At the time, Justice owed MSHA more than $1 million in unpaid safety and health penalties for violations at 18 different companies in West Virginia and Kentucky. After a Charleston Gazette story on those fines, he agreed to pay off the debt, but continue an effort to reopen legal appeals of the penalties.

By Ken Ward Jr.






SOURCE:  http://wvgazette.com