MSHA says mine operator negligent prior to worker’s death

Vigil light, candle with the miner belongings (helmet, shovel, belt) after the fatal accident in the mine

WASHINGTON, D.C. — The Mine Safety and Health Administration says a Logan County underground mine operator “engaged in aggravated conduct constituting more than ordinary negligence” prior to the death of a maintenance worker who crashed his electric utility vehicle back in November.

Brian Wallen, 49, an assistant maintenance shift supervisor at Mingo Logan Coal’s Mountaineer 2 Mine at Sharples, was killed Nov. 1 when his brakes failed.



MSHA said the mine operator failed to remove the vehicle from service, despite identifying a defective braking system on three separate occasions prior to the accident. Among other problems, MSHA said the left rear brake caliper was broken off prior to the accident and was tied to the vehicle’s frame with a plastic cable zip tie.



The operator was ordered to conduct pre-operation checks for safety defects on mobile equipment and to remove equipment from service immediately if safety defects are found.