Contractors at Dos Republicas’ Eagle Pass Mine cited for numerous Mine Safety and Health Administration violations
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015
During their presentations to Eagle Pass and Maverick County, Texas governmental entities, public meetings, and private businesses, representatives of Dos Republicas Coal Partnership (DRCP) have focused and emphasized the outstanding safety record and environmental awards received by its contractors such as North American Coal Corporation to imply that DRCP will operate the controversial Eagle Pass Mine in a similar safe manner.
At a recent presentation to the Eagle Pass Water Works and Sewer System Board of Trustees, DRCP representatives pointed out the clean safety record and environmental awards of North American Coal Corporation at other coal mining sites it operates.
According to a review of the U.S. Mine Safety and Health Administration (MSHA) records under the Federal Mine Safety Act of 1977, the Eagle Pass Business Journal found that the Dos Republicas Coal Partnership’s Eagle Pass Mine or contractors working there have received a total of 31 citations of violations of the Mine Safety and Health Administration regulations, including mine employee safety, during February 20, 2014 through August 25, 2015.
The most recent Mine Safety and Health Administration inspection at Dos Republicas Coal Partnership’s Eagle Pass Mine inspection conducted on August 24-25 2015 found a total of 10 violations and citations, orders and safeguards were issued to at least two contractors working at the Eagle Pass Mine.
On August 24, 2014, the company known as Track-Work, Inc. was cited for eight different violations, including one violation under Section 104(a) of the Federal Mine Safety and Health Act of 1977, Section 77.1710, concerning protective clothing requirements; three violations under Section 77.502 for Electric equipment examination, testing, and maintenance; two violations under Section 77.402 concerning Hand-held power tools, safety devices, and hand-held power tools shall be equipped with controls requiring constant hand or finger pressure to operate the tools or shall be equipped with friction or other equivalent safety devices; one violation under Section 77.400(a) concerning Mechanical equipment guards (a) Gears, sprockets, chains, drive, head, tail, and take-up pulleys, flywheels, couplings, shafts; sawblades, fan inlets, and similar exposed moving machine parts which may be contacted by persons, and which may cause injury to persons shall be guarded; one violation of Section 77.701-1(a) concerning approved methods of grounding of equipment receiving power from ungrounded alternating current power systems; and one violation of Section 77.516 Electric wiring and equipment; installation and maintenance. In addition to the requirements of §§77.503 and 77.506, all wiring and electrical equipment installed after June 30, 1971, shall meet the requirements of the National Electric Code in effect at the time of installation.
On August 25, 2015, the company known as X Factor Safety was cited for a violation under Section 77-1713 concerning a violation of daily inspection of surface coal mine, certified person, and reports of inspection. MSHA noted that at least once during each working shift, or more often if necessary for safety, each active working area and each active surface installation shall be examined by a certified person designated by the operator to conduct such examinations for hazardous conditions and any hazardous conditions noted during such examinations shall be reported to the operator and shall be corrected by the operator.
According to MSHA public records, MSHA has cited and fined various companies working as contractors or sub-contractors at Dos Republicas Coal Partnership’s Eagle Pass Mine for violations of the Federal Mining Act of 1977 (FMA) a total of 31 times for various violations under the Code of Federal Regulations (CFR) Citations, Orders and Safeguards and have had four mine accidents and injuries reported as well.
Other violations of the Federal Mining Act of 1977 (FMA) at Dos Republicas’ Eagle Pass Mine include a citation order concerning Section 104(a) issued on June 19, 2015.
During the month of June 2015, Dos Republicas’ Eagle Pass Mine received nine Code of Federal Regulations (CFR) violations and fines.
According to federal CFR Reports, the company known as DRA Taggart Site Services L.L.C. received two violations of the safety standards promulgated pursuant to the Federal Mine Safety and Health Act of 1977 on June 19, 2015.
DRA Taggart Site Services LLC is a subcontractor who either is doing work or did work at Dos Republicas’ Eagle Pass Mine together with Camino Real Fuels LLC, a Nevada subsidiary created by North American Coal Corporation to operate the Eagle Pass Mine on behalf of Dos Republicas.
The June 19, 2015 citation order to DRA Taggart Site Services LLC was for violations of equipment defects under section 77.1606(c) of the Code of Federal Regulations (CFR). The order required that equipment defects affecting safety needed to be corrected before the equipment is used.
DRA Taggart Site Services LLC was also fined on June 16, 2015 for violations of the CFR, under section 77.1104 which is designated for violations of accumulations of combustible materials, such as an excessive quantity of coal or coal dust shall not be permitted to accumulate, particularly where other highly flammable materials are present.
DRA Taggart Site Services LLC has also been fined for various other violations while working at the Dos Republicas’ Eagle Pass Mine site. On June 16,2015, DRA Taggart Site Services LLC were cited for violations for welding operations under CFR section 77.408, which requires that welding operations be shielded and the area should be well ventilated; under section 77.210 (a), which requires that hitches and slings used to hoist materials shall be suitable for handling the type of materials being hoisted; under Section 77.502 concerning electric equipment, examination, testing, and maintenance; and under CFR section 77.502, which requires that electric equipment shall be frequently examined, tested, and properly maintained by a qualified person to assure safe operating conditions. When a potentially dangerous condition is found on electric equipment, such equipment shall be removed from service until such condition is corrected. A record of such examination shall be kept.
On June 17, 2015, North American Coal Corporation’s subsidiary Camino Real Fuels LLC was fined for a violation of the CFR under section 77.1104 concerning the Accumulation of Combustible Materials, as combustible materials, grease, lubricants, paints or flammable liquids shall not be allowed to accumulate where they can create a fire hazard.
On June 16, 2015, another company known as M&M Rail Component Welding LLC was fined for a violation under CFR section 77.111710(a) which promotes safety within a mine area for persons performing any type of welding with the use of protective clothing or equipment and face shields or goggles when welding, cutting, or working with molten metal or when other hazards to the eyes exist.
The lack of precaution and following of safety measures set by MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR may put employee lives in danger.
Accident reports from MSHA show that an employee of DRA Taggart Site Services LLC sustained an injury due to an accident that occurred while working at the Eagle Pass Mine as a subcontractor for Camino Real Fuels LLC on June 22, 2015.
The June 22, 2015 MSHA report states that the DRA Taggart Site Services LLC employee was cutting angle iron with a torch. The angle iron was positioned on pipe stands. The employee stated that while cutting, he attempted to move the angle to make another cut. As he turned his body his foot stuck in the mud, causing his knee to twist, resulting in the injury. Medical evaluation determined a sprained knee, the employee was released to modified duty.
Another July 7, 2015 MSHA Report states that an employee of DRA Taggart Site Services LLC suffered an accident while working at Dos Republicas’ Eagle Pass Mine as he suffered a corneal eye abrasion from fragments of metal entering his eye while using a 250 rpm mag drill to drill holes for bolts in a baseplate of an escape tube fan. The MSHA report further states that the employee believes that he had caused the accident as he had used his hand to wipe sweat away from his face possibly causing the metal fragments to enter onto his eyes causing the damage to his eye.
MSHA reports show that DRA Taggart Site Services LLC was cited and fined for six violations of the CFR during a site inspection on June 16-19, 2015. Violations under CFR codes were for sections 77.1606(c), 77.408, 77.502, 77.210 (a) and 77.1104.
A May 20, 2015 MSHA report shows that an employee of Camino Real Fuels LLC suffered an accident resulting in injury to his hand as two individuals were unloading poly pipe from a bumper pull trailer. The accident smashed and injured the individual’s right hand finger the report states.
Another MSHA report from February 27, 2014 states that another employee of Ranger Excavating LP suffered a back injury while attempting to climb a ladder.
MSHA reports further show that Ranger Excavating LP has been cited and fined for violation under Citation , Orders and Safeguards a total of 23 times from 2012 to 2015 at four different mine locations including the Eagle Pass Mine, Kosse Strip, Liberty Mine, Big Strip Mine, and the Three Oaks Mine.
Ranger Excavating LP has worked at five different, surfaces and underground coal mines the MSHA reports state, including Dos Republicas’ Eagle Pass Mine.
At the Eagle Pass Mine, Ranger Excavating LP has been cited and fined for CFR violations 11 different times since November 2014 to August 2015.
The Eagle Pass Mine citations in question are for violations of Code of Federal Regulations §77.400 (a) Mechanical equipment guards safety; ; Safety, §77.1110 examination and maintenance of firefighting equipment regulations; §77.1606 (a) loading and haulage equipment, inspection and maintenance safety; §77.1607 (i) loading and haulage equipment; operation, §77.1605 (k) (k), (a) and (b) loading and haulage equipment; installations safety, §77.404 (a) machinery and equipment; operation and maintenance safety and §77.1600 (b) loading and haulage; general regulations.
A complete description of these violations can be found at http://www.ecfr.gov/cgi-bin/text-idx?SID=49ad350415a87cfd794408e60b85fd44&mc=true&node=pt30.1.77&rgn=div5.
Ranger Excavating LP is a contractor working for Camino Real Fuels LLC at Dos Republicas’ Eagle Pass Mine.
A brief review of the U.S. Mine and Health Safety Administration records clearly found safety violations at the Dos Republicas’ Eagle Pass Mine during February 20, 2014 through August 25, 2015. These safety violations are before the Eagle Pass Mine becomes fully operational, leaving local citizens concerned whether these safety violations will continue and increase in frequency once the Dos Republicas’ Eagle Pass Mine becomes fully operational. These safety violations indicate that coal mining is a dangerous industry with the potential to cause serious bodily injury to workers and the community. If these safety violations are indicative of future safety violations at Dos Republicas’ Eagle Pass Mine, the public representations of Dos Republicas Coal Partnership’s representatives to local public governmental entities and private businesses regarding the clean and outstanding safety record and environmental awards earned by North American Coal Corporation are disingenuous and lack credibility. None of these MSHA safety violations during February 20, 2014 through August 25, 2015 have been disclosed by Dos Republicas Coal Partnership representatives to Eagle Pass and Maverick County, Texas governmental entities and community members.
