MSHA Files Lawsuit against Kentucky Darby LLC

MSHA recently announced that it has brought a lawsuit against Kentucky Darby LLC for non-payment of civil penalties for violations issued to Darby Mine #1 following the 2006 explosion that killed five miners.

In September 2008, Kentucky Darby LLC agreed to drop its challenge of six contributory safety and health violations that MSHA assessed at $342,000. The Federal Mine Safety and Health Review Commission approved that request, and the company was required to pay the penalty in full by Oct. 19, 2008. Subsequently, Kentucky Darby LLC dropped its challenge to other violations that were not directly related to the 2006 explosion and agreed to pay additional penalties.

"Kentucky Darby LLC had an opportunity to make good on its agreement to pay its penalty, and it failed to do so," said Michael A. Davis, deputy assistant secretary of labor for mine safety and health. "Consequently, the company now faces even higher fines."

According to the suit, Kentucky Darby LLC must pay $505,012, which includes unpaid civil penalties that contributed to the fatalities, and additional penalties issued to the company, as well as interest and administrative fees. The company has 20 days after the complaint and summons are served to respond to the suit.

The Darby Mine #1 in Harlan County, Ky., exploded on May 20, 2006. MSHA's accident investigation determined that the blast occurred when a mine foreman cut a metal roof strap extending through seals with an acetylene torch, igniting explosive levels of methane that accumulated behind the sealed area. Two miners located near the seals died immediately, and three miners trying to evacuate the mine after the explosion died from carbon monoxide poisoning. One other miner was injured but was rescued while escaping from the mine.

Download Center

HTML - No Current Item Deck
  • Get the Ultimate Guide to OSHA Recordkeeping

    OSHA’s Form 300A posting deadline is February 1! Are you prepared? To help answer your key recordkeeping questions, IndustrySafe put together this guide with critical compliance information.

  • Steps to Conduct a JSA

    We've put together a comprehensive step-by-step guide to help you perform a job safety analysis (JSA), which includes a pre-built, JSA checklist and template, steps of a JSA, list of potential job hazards, and an overview of hazard control hierarchy.

  • Levels of a Risk Matrix

    Risk matrices come in many different shapes and sizes. Understanding the components of a risk matrix will allow you and your organization to manage risk effectively.

  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Industry Safe
TenCate FR Technology

OH&S Digital Edition

  • OHS Magazine Digital Edition - October 2020

    October 2020

    Featuring:

    • FACILITY SECURITY
      EHS Compliance: Make it Personal
    • FOOT PROTECTION
      Choosing the Right Safety Shoe for Your Industry
    • HAND PROTECTION
      A Requirements Checklists for Work Safety Gloves
    • COVID-19 MANAGEMENT
      Contemporary Issues in HSE Management
    View This Issue