
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, April 19, 1994                   TAG: 9404190166
SECTION: VIRGINIA                    PAGE: B-5   EDITION: METRO 
SOURCE: By GREG EDWARDS STAFF WRITER
DATELINE:                                 LENGTH: Medium

AGENCY FINDS FLAWS IN SYSTEM

A Mine Safety and Health Administration internal review of its performance before and after a fatal explosion at a Wise County coal mine in found several shortcomings by the federal agency but concluded that those deficiencies did not cause or contribute to the accident.

One of the more bizarre findings in the report, released to the public Friday, involved the weekly examinations a mine operator is supposed to make of a mine's ventilation system. The report said federal mine inspectors at MSHA's Norton office weren't aware those "weekly" examinations were required at least every seven days.

The agency looked at its involvement with the Southmountain Coal Co. No. 3 mine near Norton, which exploded in the early morning hours of Dec.7, 1992, killing eight miners working inside and injuring a ninth. One purpose of the review was to recommend changes in MSHA procedures.

The company's failure to comply with mandatory safety standards resulted in the explosion, MSHA concluded after the accident. The mine operator's failure to maintain an adequate ventilation system to expel explosive methane gas from the mine, to conduct adequate pre-shift and weekly safety examinations of the mine and to prohibit smoking by its employees underground contributed to the accident, the agency said.

MSHA levied $439,172 in civil fines against the company for safety violations found after the accident. The company has appealed those fines. This fall, the Coeburn-based company and two supervisors will stand trial in U.S. District Court in Abingdon on charges related to the accident, including allegations that company records were falsified to cover up safety violations.

The agency stands behind its previous findings of the cause of the accident. "MSHA did not cause the accident. Mine operators are still responsible for operating their own mines safely," said Rodney Brown, a spokesman for Davitt McAteer, assistant secretary of labor for mine safety.

After its indictment on criminal charges, Southmountain Coal, which is owned by Jack Davis of Coeburn, claimed the charges were an effort by MSHA to cover up its responsibility in the explosion.

by CNB