MSHA Fatalities

October 22, 2022 – January 25, 2023

MSHA Stakeholder Meeting

January 25, 2023

Marcus Smith

Chief, Accident Investigations

MSHA Enforcement

1
Accident Classifications

2

Machinery, 

2

Powered 

Haulage, 2

Drowning, 1

Engulfment, 

1

Hand Tools, 

1
Number of Mine Employees

3

50+, 6

19 or less, 1
Experience at the Mine

4

>10 Yrs, 3

>2 to 4 Yrs, 

1

>1 to 2 Yrs, 

3
Experience at the Activity

5

1 Yr or 

Less, 1

>2 to 4 Yrs, 

1

>10 Yrs, 3

>1 to 2 Yrs, 

2
Mine Employees and Contractors

6

Miner, 6

Contractor, 

1
Viburnum #35 (Casteel Mine)

Viburnum, Missouri

Accident Classification: Powered Haulage

December 6, 2022

A miner died when the diesel 

tractor he was operating struck a 

pillar. The miner was thrown 

from the tractor and crushed under 

the rear tire of the tractor. 

7
Best Practices

• Wear seat belts when operating mobile equipment. 

• Maintain control of equipment while it is in operation.

• Train miners in the safe performance of their assigned tasks.

8
Signal Peak Silica of Atascosa

Poteet, Texas

Accident Classification: Machinery

December 16, 2022

A contract mechanic died when the 

counterweight of an excavator, that he 

was trying to remove, fell and struck 

him.

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Best Practices

Operators should:

• Position miners to stay clear of hoisted loads and avoid pinch points 

when working on or near moving equipment or machinery;

• Follow safe work procedures consistent with the design of the 

equipment when working on or near such equipment.

10
Sevierville Quarry

Sevierville, Tennessee

Accident Classification: Machinery

January 4, 2023 A miner was fatally injured while he was positioned between the pitman 

assembly and the crusher housing of a jaw crusher to remove a toggle bearing. 

The pitman assembly rotated, pinning the miner against the crusher housing.

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Best Practices

Operators should:

• Block machinery components against motion before beginning 

maintenance or repairs;

• Position miners in a safe location and away from potential pinch point 

areas;

• Conduct repairs according to manufacturer’s recommendations; and

• Develop procedures for working safely in confined spaces.

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Machinery

Accidents are classified as “machinery” when they result from the action 

or motion of machinery or from failure of component parts.

In CY2022, ten fatal machinery accidents occurred. These accidents 

involved two bulldozers, two excavators, a continuous mining machine, a 

soil compactor, an auger conveyor, a crane, an electric shovel, and a drill. 

This was a 25% increase from CY2021 (from 8 to 10).

13
14
Top Five Pieces of Equipment 

involved in

MSHA 2018 - 2022 Machinery Fatalities

Plant 

Equipment, 5

Excavators, 5 Bulldozers, 4

Cranes, 3

Trailers, 3

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Top Three Root Causes

2018 - 2022 Machinery Fatalities

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The mine operator did not provide adequate training.

The mine operator did not assure that guards were in place while 

equipment was in operation. 

The mine operator did not block equipment against hazardous motion 

before performing repairs or maintenance. 
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Mine operators developed and implemented written procedures to assure 

all MSHA-required training is provided. 

Mine operators trained miners to secure all guards in place while 

equipment is in operation. 

Mine operators developed and implemented written procedures that 

require miners to block equipment against hazardous motion before 

performing repairs or maintenance.

Top Three Corrective Actions

2018 - 2022 Machinery Fatalities
QUARTERLY STAKEHOLDER MEETING

HE A L T H – B R IE F ING A N D COMMUNICATION

JANUARY 25, 2023

Gregory B. Meikle, Chief Division of Health - Enforcement

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Continuous Mining 

Machine Opr.

25%

Highwall Drill 

Opr.

11%

Eight Other 

Occupations

Bulldozer 11%

Opr.

10%

Shuttle Car Opr. 

(Standard)

10%

Roof Bolter 

(Return)

8%

LW Jack Setter

8%

LW Oper. Tailgate

7%

Roof Bolter (Intake)

4%

LW Oper. Headgate

3%

Shuttle Car Opr. (Off 

Standard)

3%

Coal CY2021 Samples > 100 μg/m3 Silica

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Continuous Mining 

Machine Opr.

18%

Highwall Drill 

Opr.

15%

Roof Bolter 

(Return)

15%

Bulldozer 

Opr.

13%

Shuttle Car Opr. 

(Standard)

13%

Roof Bolter (Intake)

6%

Scoop Opr.

4%

Backhoe Opr.

3%

LW Jack Setter

3%

Roof Bolter (Intake)

3%

Three Misc. Occup.

3%

LW Tailgate Opr.

2% LW Headgate Opr.

2%

Coal CY2022 Samples > 100 μg/m3 Silica

20
Best Practices in Dust Control

Coal Mining Occupations with the Highest Exposures to Respirable Crystalline Silica CY2022

Occupation *Best Practices

Continuous Mining Machine 

Operator

Water spray systems at the cutting drum or boom; volume and location

Increased face ventilation

Highwall Drill Operator

Enclosed cab filtration systems (Environmental)

Dry Dust Collector System or wet drilling or suppression

Bulldozer Operator

Enclosed cab filtration systems (Environmental)

Equipment maintenance and cab cleaning

Roof Bolter Operator Working up-wind of dust generating activity

Provide, maintain, and clean an approved dust collector system

Longwall Face Occupations

Increased face ventilation; both velocity and quantity

Shearer-mounted spray systems (shearer-clearer)

Shuttle Car Operator Exhausting face ventilation

Position operator on the opposite side of scrubber exhaust

*A comprehensive list of Best Practices can be found https://www.cdc.gov/niosh/mining/works/coversheet2173.html; only 2 are listed here for the various 

occupations.

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Laborer/Cleanup

26%

Crusher 

Operator

15%

Utility 

12%

Stone Cutter

9%

Dry Screening

8%

Bagger

7%

Misc.

7%

Powered Haulage

5%

Truck

4%

Kiln Drying

4%

Driller

3%

M/NM CY2021 Samples > 100 μg/m3 Silica

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Stone Cutter

17%

Crusher 

Operator

13%

Bagger

13%

Utility / 

Cleanup

13%

Misc.

11%

Laborer

9%

Truck

6%

Dry Screening 

/ Scalper

6%

Cutting Mach Opr.

4%

Kiln Drying

3%

Front-end Loader 

Opr.

3%

Bobcat Opr.

2%

M/NM CY2022 Samples > 100 μg/m3 Silica

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Best Practices in Dust Control

M/NM Mining Occupations with the Highest Exposures to Respirable Crystalline Silica CY2022

Occupation *Best Practices

Stone Cutter/ Polisher Wet cutting when possible

Local Exhaust Ventilation system at the workstation and or area

Crusher Operator Implement a properly designed wet spray system

Maintain isolation/enclosures and Local Exhaust Ventilation system

Baggers

Utilize dual-nozzle bagging system for 50- to 100-lb bags

Local Exhaust Ventilation system or Overhead Air Supply Island System

Truck/Powered Haulage Enclosed Cab / Dust Collector

Water Travelways

Labor/Maintenance/Utility Good housekeeping; no dry sweeping or dry material clean-up

Control dust from sources such as outside air, dirty clothes, cloth chairs, etc.

Screening

Use wet suppression or Local Exhaust Ventilation

Isolation and enclosure

Kiln Environmental Enclosure/Control Room/Maintenance

Water

*A comprehensive list of Best Practices can be found CDC - Mining - Best Practices for Dust Control in Metal/Nonmetal Mining - NIOSH; only 2 are listed

here for the various occupations.

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Cabs and Environmental Enclosures

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Since the last quarterly meeting October 20 there has been;

• Five (5) overexposures to respirable silica occurred at coal mines

1. 12/20/2022 a Highwall Drill; 0.50 mg/m3 respirable coal mine dust with 25.5% quartz and 

concentration of 127 μg/m3 respirable quartz. A revision to the Surface Mine Respirable 

Dust Control Plan included: Boot cleaner, cleaning schedule for the cab, and other 

practices limiting the entry and exit (opening the door) in specified areas and activities.

2. 12/08/2022 a Front End Loader; 0.55 mg/m3 respirable coal mine dust with 23.4% quartz 

and concentration of 128 μg/m3 respirable quartz. The front bottom glass seal was missing 

leaving a 1/4'' gap open to the outside environment for the length of the glass, and there 

was an unsecured access panel in the floorboard which also left the cab open to the outside 

environment. The cab was repaired.

3. 12/07/2022 an Excavator; 0.75 mg/m3 respirable coal mine dust with 46.8% quartz and 

concentration of 352 μg/m3 respirable quartz. A Surface Mine Respirable Dust Control Plan 

included: Boot cleaner, cleaning schedule for the cab, and other practices limiting the entry 

and exit (opening the door) in specified areas and activities.
Cabs and Environmental Enclosures

26

Since the last quarterly meeting October 20 there has been;

• Five (5) overexposures to respirable silica occurred at coal mines (Continued)

4. 12/06/2022 a Bulldozer; 0.762 mg/m3 respirable coal mine dust with 18.6% quartz and 

concentration of 141 μg/m3 respirable quartz. A Respirable Dust Control Plan was 

established with maintenance and cleaning included on a schedule.

5. 12/01/2022 an Excavator; 1.09 mg/m3 respirable coal mine dust with 14.3% quartz and 

concentration of 156 μg/m3 respirable quartz. It was stated: “the excavator was almost 

new, and no defects found, however he noted the operator was a heavy smoker and ran 

the shift with the door open during the shift and noted that he spoke to him about this 

and noted visible dust that day.” A Surface Mine Respirable Dust Control Plan included: 

a cleaning schedule for the cab, and other practices limiting the entry and exit (opening 

the door) in specified areas and activities.
Cabs and Environmental Enclosures

27

Since the last quarterly meeting October 20 there has been;

• Two (2) overexposures respirable silica occurred at metal and nonmetal mines

1. 12/15/2022 a Ball Mill Operator; a 1.82 mg/m3 respirable dust with 20.2% quartz and 

concentration of 368 μg/m3 respirable quartz (cristobalite). This citation is still 

outstanding, but additional controls and time spent in the enclosure will be key to the 

abatement.

2. 10/27/2022 (Citation) a Front End Loader; 1.45 mg/m3 respirable mine dust with 28.7% 

quartz and concentration of 417 μg/m3 respirable quartz. A new door seal kit, sealed 

other holes, cleaned air conditioner/filter, and a plan with a schedule for maintenance 

was implemented to abate the violation.
Best Practices for Cabs and Environmental Enclosures

11

A properly designed and maintained cab or environmental enclosure can greatly reduce miners’ exposure to respirable 

dust, including respirable crystalline silica

Maintaining cab integrity minimizes outside contaminates from entering the cab by providing positive pressure

• Maintain/replace seals and gaskets around doors and 

windows

• Patch/fix holes and cracks in cab structure, doors, and 

windows

• Maintain seals around filter housings to increase the 

efficiency of the filter

Photos courtesy of CDC/NIOSH

More information can be found at NIOSH IC9531: Design, Testing, and Modeling of Environmental Enclosures for Controlling Worker Exposure to Airborne Contaminates
Best Practices for Cabs and Environmental Enclosures

12

A properly designed and maintained cab or environmental enclosure can greatly reduce miners’ exposure to respirable 

dust, including respirable crystalline silica

Some other key considerations that can help reduce exposures:

Photos courtesy of CDC/NIOSH

• Do not operate a piece of equipment with the doors or 

windows open

• Clean the inside of the cab regularly

• Replace the filters according to the manufacturer’s 

recommendation

More information can be found at NIOSH IC9531: Design, Testing, and Modeling of Environmental Enclosures for Controlling Worker Exposure to Airborne Contaminates
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• MSHA conducts respirable dust 

sampling with a special 

sampling tool called a cyclone 

that limits the dusts collected to 

10 microns and less.

• Operators are required to 

conduct exposure monitoring to 

determine the adequacy of

controls as frequently as 

necessary.

AN OPERATOR RESPONSIBILY

EXPOSURE MONITORING

(In compliance with 30 C.F.R. §§ 56/57.5002)

Dust surveys shall be conducted, and as frequently as necessary, to determine the adequacy of the control measures. 

• Using similar MSHA industrial 

hygiene sampling equipment 

allows a mine operator 

comparison with MSHA results.

• Operators are not required to 

conduct exposure monitoring 

using the same equipment as 

MSHA however.
QUESTIONS ?

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Gregory B Meikle, Chief, Division of Health

email: meikle.gregory@dol.gov

Office: 202-693-9523

Cell: 703-200-3208