MSHA Acting Administrator David Dye said the miner died because Rosebud failed to provide safe working conditions.
"The safety and health of miners must be protected every day. The failure of any mine operator to provide safe working conditions carries a high risk for their miners and will not be tolerated," Dye said.
The incident occurred at the Tracy Lynne Mine in Armstrong County. The miner, who was a roof-bolter operator, was killed by a roof fall that occurred while installing 6-foot resin-grouted roof bolts in an area previously supported with 36-inch bolts.
The fines MSHA has assessed are for Rosebud's alleged failures to:
- Limit cut depths to 20 feet when adverse roof conditions were present (30 CFR 75.220[a][1]), $50,000;
- Initially install supplemental roof supports when adverse roof conditions are present (30 CFR 75.220[a][1]), $50,000; and
- Conduct an adequate pre-shift examination (30 CFR 75.360), $50,000.
MSHA found that the three violations resulted from the company's high negligence.
MSHA can assess fines ranging from $60 to $60,000 per violation depending on the nature of the violation, level of negligence and several legal factors. Rosebud Mining Co. has 30 days to appeal the fines.
