Mining is becoming more and more dangerous in this country with a sudden and alarming rise in the number of miners who have died in 2023 from on-the-job injuries suffered in mining accidents. This is of particular concern for safety agencies and those advocating for work accident victims and their loved ones here in Illinois and Indiana, where mining is a critical part of our local economies.
Department of Labor Shares Concern Over Rising Miner Deaths
Last month, a letter was sent by Christopher J. Williamson, Assistant Secretary of the Department of Labor (“DOL”) for the Mine Safety and Health Administration (“MSHA”) to mining industry leaders (including both mine operators and labor unions) voicing concern over “…safety and health hazards that can cost miners their lives.”
Why the need to write the mining industry? By April 2023, there has been “an alarming trend that we must reverse” in miner deaths. Workers in our nation’s mines have perished in a variety of ways, the MSHA explains, including:
- Vehicle collisions
- Electrocutions
- Falls from elevated surfaces
- Equipment roll-overs
- Drownings.
The federal agency, MSHA, will be taking action with “the tools that Congress gave us” to try and help miners stay safe on the job. This includes “…enhanced enforcement, compliance assistance, and education and outreach activities.”
Employers are encouraged to do things like (1) implementing effective safety and health programs; (2) having workplace examinations; (3) training their miners on safety in the workplace. MSHA wants mine operators to “…inform miners about workplace hazards and controls; help miners internalize the importance of safety and health practices; and contribute to a positive safety and health culture at the mine.”
MSHA also warns employers against retaliation or discrimination against miners who stand up against dangerous work conditions by identifying and reporting hazards. For more, read Whistleblowers Given New Online Protection by OSHA; Dangerous Work Site: Your Right to Stop Work to Avoid Injury or Death; and Worker’s Right to Stop Dangerous Work Operations in Indiana and Illinois.
DOL First-Ever “Stand Down to Save Lives” for Miners in Face of 2023 Miner Fatalities
For the first time, there will be a “stand down” campaign for the mining industry when the Department of Labor hosts the “inaugural ‘Stand Down to Save Lives’” on May 15-19, 2023. This is in response to the “…alarming rise in the number of miners killed on the job in 2023.”
As part of this national safety campaign, the DOL points out that it is federal law, not state legislation, that governs mining operations and mine owners insofar as keeping miners safe on the job. Federal regulations mandate that workers are provided:
- proper training;
- adequate personal protective equipment (PPE); and
- safe operation of equipment and machinery.
Finally, the DOL has three focus questions in responding to the 2023 miner fatality numbers:
- Owners and operators: How can you improve safety and health programs, maintenance of equipment, and hazard reporting to make them more effective?
- Supervisors and managers: How can you improve training and workplace examinations? Have you addressed any concerns raised prior to your shift?
- Miners: Do you have properly fitted personal protective equipment and are you fully trained on any equipment you are operating?
For mine owners in Indiana and Illinois, as well as the rest of the nation, there is a new Stand Down to Save Lives webpage as well as a new safety app (Android or iPhone) for help in best mining safety and health practices.
Mining Industry in Indiana and Illinois
Our part of the country is recognized for its trade and transportation contributions with Indiana known as the “Crossroads of America,” and Chicago being the nation’s number one food innovation and manufacturing capital. However, mining is a huge industry in both Indiana and Illinois.
Coal, stone, sand, gypsum, and gravel are mined in both states. The Illinois Basin is a geological structure overlapping Illinois, Indiana, and Kentucky with “a wealth of resources, including groundwater, coal, oil and gas, industrial minerals, and metals and also has become increasingly valuable as a resource to mitigate climate change by storing carbon dioxide deep underground.”
Illinois is famous for its coal mining, having begun in the 1820s and continuing today with mines that include both Hillsboro and Monterey Mine No. 1 owned by Foresight Energy; Gateway Mine owned by the Peabody Group; and Rend Lake Mine owned by Murray Energy Corporation.
Indiana produces 36 million tons of coal every year. Indiana limestone was used in the construction of the Empire State Building and the Pentagon. In 2019, the Hoosier State depended upon its coal mines for over half (53%) of the Indiana’s combined electricity needs. Peabody Energy owns and operates the Bear Run Mine in Indiana, described as the “largest coal mine in the eastern United States.”
September 2022: MSHA Penalties Against Indiana Mine for Serious Safety Hazards
Less than a year ago, Peabody Midwest Mining in Francisco, Indiana, was penalized $102,000 by the MSHA for knowingly putting their miners’ safety at risk when the mining company “…continued to operate an energized drill during a methane inundation, creating the risk of a catastrophic explosion.”
The MSHA penalties were $96,000 for Peabody Midwest Mining and $6,000 penalty for the manager. There was also a proposed penalty against the supervisor because “…he knew or should have known that he was required to shut down the drill and stop work.”
Also read: “Feds penalize Indiana mine operator for ‘knowingly’ putting miner safety at risk,” written by Adam Yahya Rayes and published by WFYI on September 13, 2022.
Justice for Mining Accidents: Recognized Miner Dangers on the Job
Mining risks and hazards are well-known to mine owners and operators and the rising rate of miner deaths in 2023 is a shocking affront to the recognized dangers of any mine worksite. Everyone understands that these workers are asked to perform tasks where:
- Deaths of a great number of miners can happen in an instant from a fire or explosion caused by toxic chemicals such as methane gas in a coal mine;
- Falls can cause the death of a miner at any time when there is improper lighting or failure to provide proper fall protection on the worksite (e.g., guardrails, PPE, etc.);
- Miners can perish or be seriously injured in a crushing accident caused by a cave-in, roof collapse, or the failure of mining equipment, tools, or machinery; and
- Electricity is used to power all sorts of tools and equipment in a mining operation, putting miners at danger of electrocution from live wires, wet walking surfaces, or machinery, tools, or equipment that has not been properly inspected, repaired, or replaced.
For more, read: Explosives and Fire: Workplace Explosion Accidents and Electricity Injuries: Fatal Electrocution Accidents.
When a miner in Indiana or Illinois suffers a catastrophic work accident or perishes from bodily injuries sustained on the job, the employer must be investigated first for legal responsibilities to that miner and the miner’s loved ones. However, investigation into the incident may also reveal that third parties share legal liability for what has happened.
Third parties may be liable when mining accidents have been caused by things like:
- Exposure to toxins (e.g., silica dust);
- Mistakes made by their employees (e.g., motor vehicle collision); or
- Failure of machinery, tools, or equipment (such as defective designs of drills).
Miners and their families have a right to independently investigate the mining accident to discover all the reasons for the tragedy and learn how it happened and what could have been done to prevent it. This can take place separately from any MSHA investigation or anything done by the company itself or its insurance carrier(s). It is possible that more than one entity and individual may be liable to the worker-victim and the miner’s family members for monetary damages.
For more, read:
- Miner Deaths on the Rise: Dangers of Working Underground Mines and Surface Mines Is Very Real
- Workplace Housekeeping and Serious Accidents on the Job: Duty of Care
- Personal Protective Equipment and Serious Industrial Accidents
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents.
We salute MSHA for undertaking the first-ever Miner’s “Stand Down to Save Lives” campaign in May 2023. It is hoped that the efforts of the federal governing agency, coupled with public awareness of the increasing danger facing our miners today, will help to save lives. The miners in Illinois and Indiana deserve to be kept safe on the job. Please be careful out there!
