UNITED STATES DEPARTMENT OF LABOR MINE SAFETY AND HEALTH ADMINISTRATION. Southeastern District Metal and Nonmetal Mine Safety and Health

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UNITED STATES DEPARTMENT OF LABOR MINE SAFETY AND HEALTH ADMINISTRATION Southeastern District Metal and Nonmetal Mine Safety and Health Accident Investigation Report Surface Nonmetal Mine Fatal Falling/Sliding Material Accident Bullitt County Stone Company Rogers Group, Incorporated-Bullitt County Stone Company Shepherdsville, Bullitt County, Kentucky I.D. No. 15-00008 July 17, 1996 By J. B. Daugherty Supervisory Mine Inspector And E. G. Duarte Mine Safety and Health Inspector Originating Office Mine Safety and Health Administration 135 Gemini Circle, Suite 212 Birmingham, Alabama 35209 Martin Rosta District Manager

Accident Investigation Report Surface Nonmetal Mine Fatal Falling/Sliding Material Accident Bullitt county Stone company Rogers Group, Incorporated-Bullitt County Stone Company Shepherdsville, Bullitt county, Kentucky I.D. No. 15-00008 July 17, 1996

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Abstract of Investigation u.s. Department of Labor Mine Safety and Health Administration Authority-This reportisbasedon an investigationmadepursuantto the FederalMineSafetyand HealthActof 1977.PublicLaw91-173. asamendedby Public.Law95-164. SectionA-IdentificationData 1.Titleof investigation: 2. DateMSHAinvestigationstarted: Fatal Falling/Sliding Material Accident July 17, 1996 3. Reportreleasedate: 4. Mine: September 18, 1996 Bullitt County Stone Company 6.CompanY:Rogers Group, Incorporated- Bullitt County Stone Company 7. Town.County.State: Shepherdsville, Bullitt County, KY SectionB-MineInformation 9. Dailyproduction: 11. Undergroundemployment: 13.Thicknessof coalbed: SectionC-Last QuarterInjuryFrequencyRate(HSACIfor: 14. Industry: 4.7 16.Trainingprogramapproved: SectionD-0riginatingOffice 18.MineSafetyand HealthAdministrationSoutheastern MineHealthandSafetyDistrict. Dis t ric t SectionE-Abstraet 8. Authorlsl: J. B. Daugherty & E. G. Duarte 10.Surfaceemployment: 17 12.Nameofcoalbed: 15.Thisoperation: 14.7 17.MineProfileRating: Addr~:135 Gemini Circle, Suite 212 Birmingham, Alabama 35209 A welder was asphyxiated by suffocation when she was totally engulfed under a slough of material estimated at 40 tons. The pug mill operator was partially engulfed but not seriously injured. The victim was in the process of cutting out a metal plate at the end of the pug mill tunnel when the slide of material occurred. SectionF-MineOrganization Companyofficials: Name Address 19. President: Bells Ml11 Road, P. o. Box 310 20. Superintendent: Georqe Newlin Shepherdsville, KY 40165 21. SafetyDirector: P. o. Box 849 R. Dana Boyd Bloominqton, IN 47402 22. Principleofficer-H&S: 421 Great Circle Road Philip J. Klober P. o. Box 25250 23. LaborOrganization: Nashville, TN 37202 24. Chairman-H&S Committee: MSHAForm2000-57.Aor82 IrAvl!lP.rll

GENERAL INFORMATION Joyce C. Gerwitz, 5:05 p.m. on July welder, age 38, died of suffocation 17, 1996, when she was engulfed by at about a slide of material tunnel. while cutting an opening at the end of a pug She had a total of 9 days mining experience, mill surge all with this company. The victim had received training in accordance with 30 CFR Part 48. Eight hdurs had been completed on July 10, 1996. MSHA was notified at 5:20 p.m. on the day of the accident by a telephone call from Darin Matson, area production manager. An investigation was started the same day. The Bullitt County Stone Company, a crushed limestone quarry, owned and operated by Rogers Group, Incorporated-Bullitt County Stone Company, was located just north of Shepherdsville, Bullitt County, Kentucky. The principal operating official was George Newlin, quarry superintendent. The quarry was normally operated two, a-hour shifts a day, 5 days a week. A total of 17 persons was employed. Limestone was mined by a multiple bench mining system using conventional quarrying methods to drill, blast, load, and haul the material to a plant where it was crushed and sized. The final product was used in road building material. The last regular inspection of this operation was completed on March 13, 1996. PHYSICAL FACTORS The surge pile where the accident occurred consisted of approximately 15,000 tons of dense graded aggregate material. A reclaim tunnel which was constructed of steel, measured 9 feet in diameter, 50 feet long and was under the surge pile The tunnel declined at an approximate 10-12 degree angle, with the lower end enclosed and housed a conveyor belt which transported material from the surge pile to the pug mill. Two Michigan front-end loaders, a L270 and a L320, were used to excavate an approximate 25 foot wide cut in the surge pile at the rear of the tunnel to expose the enclosed end of the tunnel. This excavation left vertical banks above and around the tunnel end which were approximately 35 feet high. 1

DESCRIPTION OF ACCIDENT On the day of the accident, Joyce C. Gerwitz, (victim), reported for work at 7:00 a.m., her regular starting time. She was assigned to do routine maintenance and welding. Shortly after the shift started, Charles (Eddie) Weber, pug mill operator, informed Thomas Jewell, quarry foreman, that a major spillage had occurred which filled the inside lower end of the reclaim tunnel and covered the tail section of the conveyor belt. At about 9:30 a.m., Gerwitz and three other employees were instructed by-jewell to clean up the spillage. The employees reportedly were directed to enter the tunnel and take the spilled material out of the entrance in buckets. Because this was tedious and time consuming, Weber suggested to Jewell that it would be faster to wash the spillage from inside the tunnel to the outside rather than carry the material out in buckets. Weber told Jewell that this had been done in the past when a spill occurred inside the tunnel. Weber further told Jewell that in order to wash the material out, a cut would have to be made in the surge pile to expose the lower end of the tunnel so the material would have room to flow out of the tunnel. Shortly before noon, Jewell instructed two front-end loader operators to remove the material covering the surge pile end of the tunnel. While the area was being excavated, employees continued to carry material out to access the inside lower end of the tunnel to make the cut and wash out the spillage. When Darin Matson, area production manager, and George Newlin, quarry superintendent, were making rounds, Weber informed them that the excavation was going well and that he could see the top of the tunnel. Weber further told them that once the area was clear, he would get the Bobcat loader to clean up the material that would be washed out of the tunnel. Matson and Newlin told Weber that he was not to use the Bobcat loader because the material would cover him if it sloughed. They instructed Weber that after the excavation was completed all work was to be done from inside the tunnel so employees would not be exposed to the unstable material. At about 4:45 p.m., Gerwitz and Timothy Smolenski, quality control, were working inside the tunnel when John Williams, maintenance leadman, arrived with a welding truck at the tunnel entrance. Gerwitz, Smolenski, and Williams strung out cutting torch hoses into the tunnel in preparation to cut an opening at the rear of the tunnel. A short time later, Weber arrived at the tunnel entrance and told them to remove the hoses because he wanted them to cut the opening in the tunnel from outside, which was reportedly contrary to instructions previously given to Weber by Matson and Newlin. 2

The hoses were placed back in the welding truck and Gerwitz and Weber drove around to the excavated area at the exposed end of the tunnel. Williams left the site and Smolenski stayed to take a water hose inside the tunnel before walking around to where Weber and Gerwitz were. Weber told Smolenski to go to the shop and bring back the Bobcat loader to be used to remove the washed out material, which again was not what Weber had been ins~ructed by management to do..- Gerwitz walked about 50 feet into the excavated area towarathe tunnel while Weber stayed about 15 feet behind her to watch for sloughing. After Gerwitz began cutting, Weber suggested that they make a trial run to ensure that she could get away from the area in the event the material sloughed. When Weber yelled, Gerwitz ran out of the excavated area. This exercise was done twice before she returned to the exposed end of the tunnel to continue cutting. A short time later Smolenski returned and parked the Bobcat and Weber instructed him to also act as a spotter. Smolenski walked up and stood about 6 feet behind Weber. Gerwitz had knelt down and began cutting when the right side of the bank sloughed. Smolenski yelled for Gerwitz to get out, but she was unable to escape and was covered by an estimated 40 tons of material. Weber was buried to his waist. Smolenski attempted to uncover him with his hands, but realized that he could not get Weber out. Smolenski ran to the area overlooking the shop and yelled to George Newlin, who immediately radioed for help. A front-end loader was used to free Weber. Approximately 30 minutes later, Gerwitz's body was recovered. She was pronounced dead at the scene by the county coroner. Cause of death was attributed to suffocation. CONCLUSION The cause of the accident was the failure to properly slope or support the stockpile banks that surrounded the pug mill tunnel before entering the area. 3

VIOLATION citation No. 4522006 was issued on July 19, 1996, under the provisions of 104(a) for a violation of Standard 56.9314: A welder was fatally injured when she was buried under a slough of material estimated at 40 tons of dense,_ graded aggregate. The pug mill operator was partially buried but not seriously injured. The welder was in the process of cutting out the metal plate at the enaof the surge tunnel when the slide of material occurred. The back wall had not been sloped or supported in any manner. This citation was terminated on July 19, 1996. The area was barricaded and filled in. /s/ J. B. Daugherty J. B. Daugherty Supervisory Mine Inspector /s/ E. G. Duarte E. G. Duarte Mine Safety and Health Inspector Approved by: ~~ ~,f,t. Mar n Rosta District Manager 4

Appendices 1. List of Persons Present During the Investigation. 2. Data sheet, MSHA form 2000-58. 5

Appendix 1 The following persons were present during the investigation: Rogers-Group, Incorporated-Bullitt County stone Company Leslie Geralds Philip J. Klober R. Dana Boyd Darin M. Matson George Newlin Thomas Jewell Charles Timothy (Eddie) Weber Smolenski John Williams area vice president director, environmental manager services of safety area production manager quarry superintendent quarry foreman pug mill operator quality control maintenance leadman Mine Safety and Health Administration J. B. Daugherty E. G. Duarte supervisory mine inspector mine safety and health inspector

Uata Sheet U.S. Department of Labor Mine Safety and Health Administration APPENDIX 2 Section A-Victim Data t, Name 2. Sex 3. Social Security Number Joyce C. Gerwitz 4. Age 5. Job Classification o Male eg Female 1798 38 Welder 6. Experience at this Classification 7. Total Mining Experience 15 months 9 days 8. What activity was being performed at time of accident? 9. Victim's Experience at this Activity 10. Was victim trained in this task? Cutting with torch Unknown Yes Section B-Victim Data for Health and Safety CourseslTraining Received (related to accident) Date Received 11. 12. New Miner Split Training - 8 hours 7/10/96 13. 14. Section C-Supervisor Data (supervisor of victim) 15.Narne 16. Certified George Newlin DYes o No 17. Experience as Supervisor 18. Total Mining Experience 16-1/2 years 22 years Section D-Supervisor Data for Health and Safety CourseslTraining Received (related to sccidentj Date Received 19. 20. 21. 22. 23. When was the supervisor last present at accident scene prior to the 24. What did he do when he was there? accident? 4:20 p.m. 25. When was he last in contact with the victim? 4:00 p.m. 27. Was he aware of or did he express an awareness of any unsafe practice or condition? No Instructed employee to work from inside the tunnel. 26. Did he issullinstructiofl~ rel~ti)(e to the accident? At 7/17/96.. approx1ma~eiy ii:uu a.m. on, v1ct1m was instructed to work from inside the tunnel. M~HA Fnrm?nnn_~R.hm R::lIR vi<:m'