UNITED STATES
DEPARTMENT OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION


Accident Investigation Report
Surface Area of Underground Metal Mine


Fatal Powered Haulage Accident

Kokoweef Mine
Exploration Incorporated of Nevada
Mountain Pass, San Bernardino County, California
ID No. 04-02965

May 18, 1996


by

David A. Kerber
Mine Safety and Health Inspector


Western District Office
Mine Safety and Health Administration
3333 Vaca Valley Parkway, Suite 600
Vacaville, California 95688


Fred M. Hansen
District Manager

GENERAL INFORMATION

Joseph N. Kelly, truck driver and miner, age 70, was fatally injured on May 18, 1996 at 1:30 p.m. when the truck he was operating overturned. Kelly, with 50 years of mining experience, had not received training in accordance with 30 CFR Part 48. MSHA classified the property as abandoned in 1973. The agency had not been notified of any mining activity prior to the accident.

An officer with the California Highway Patrol notified MSHA at 5:30 p.m. on the day of the accident. An investigation was started the following day.

The Kokoweef Mine, owned by Exploration Inc. of Nevada,had been operated intermittently since the late 1920's. Owners and investors drilled and blasted while driving drifts in an attempt to locate a fabled "lost river of gold." There were no employees or established work schedules. At the time of the accident seven persons, called "volunteers," were working underground and five were working on the surface. Operating officials were Larry Hahn, president; James Serrill, secretary; and Michael Mackey, board of directors member.

PHYSICAL FACTORS INVOLVED

The access road extended five miles from Interstate Highway 15 to the mine. It inclined at a five percent grade as it approached the mine and was poorly maintained by the company. At the site of the accident the road was elevated about seven foot and was approximately 14 feet wide. There were no berms along this portion of the road.

The truck involved in the accident was a 2 « ton, 1967 rear dump, Ford, Model L600. The doors had been removed and seat belts were not provided. There were two outside rear view mirrors. The tires were worn and showed signs of dry rot. A 8-inch by 4-inch rock was wedged between the right rear dual tires and the outside tire was deflated. The truck appeared to be poorly maintained, however, no mechanical defects were found that would have prevented its operation. The vehicle was used on an "as needed" basis.

The weather was dry and sunny on the day of the accident.

DESCRIPTION OF ACCIDENT

On the day of the accident, Joseph Kelly (victim) began work at 8:00 a.m. He and an associate decided that the main access road needed to be widened and leveled in preparation for an upcoming investors' meeting. Kelly had a twelve year old boy riding with him while he hauled three loads of material to the location needing repair. He was obtaining the material from a site about one-eighth mile down the road. About 1:30 p.m. he backed the truck into position, near to the road edge, in order to dump the third load. Realizing he was too close to the edge, he apparently believed he needed to reduce the load to stabilize the truck. Kelly told the boy to get out and then began raising the truck bed. The left rear wheels came off the ground and the truck overturned. It rolled over one and one-fourth times before coming to rest on its side. Kelly either jumped or was ejected, striking his head on a rock when he hit the ground.

The young passenger was unable to get Kelly to respond to him so he ran to the mine to inform his father, Drew White, of the accident. They both returned to the accident site. White recognized he needed help and sent his son to ask someone at the mine to summon Flight for Life. The air ambulance service was unavailable so Kelly was loaded in the bed of a pickup truck and transported to the University Medical Center in Las Vegas, Nevada. He was pronounced dead at 2:15 p.m.

CONCLUSION

The practice of dumping material along the roadway edge where adequate berms were not provided was the direct cause of this accident. Contributing to the severity of the accident was the failure to replace the dump truck doors and to provide seat belts.

CITATIONS AND ORDERS

Order No. 4143504

Issued on May 18, 1996 under provisions of Section 103(k) of the Mine Act.

A fatal accident occurred at this operation on May 18, 1996 when a mine dump truck overturned and the truck driver came out of the vehicle.

This order was issued to assure the safety of any person at the mine until an investigation in made to determine that the main access road is safe.

This order was terminated on October 2, 1996 as the investigation has been completed.

Citation No. 4143505

Issued on May 22, 1996 under the provisions of Section 104(a) of the Mine Act for violation of 30 CFR 57.9300(b):

A fatal accident occurred at this operation on May 18, 1996 when a mine dump truck overturned and the truck driver came out of the vehicle. A 300 foot elevated section of the mine access road was not bermed, creating an overturn hazard for vehicles.

This citation was terminated on October 27, 1996 after the required berms had been provided.

Citation No. 4143507

Issued May 18, 1996 under the provisions of Section 104(a) of the Mine Act for violation of 30 CFR 50.10:

A fatal accident occurred at this operation at 1:30 p.m. on May 18, 1996 when a dump truck overturned and the truck driver came out of the vehicle. The mine operator failed to notify MSHA of this event. The California Highway Patrol made MSHA aware of the fatality at 5:30 p.m., May 18, 1996.

This citation was terminated on May 23, 1996 after the immediate notification requirements Of 30 CFR Part 50 were discussed with the mine operator.

Citation No. 4143508

Issued on May 22, 1996 under the provisions of Section 104(a) of the Mine Act for violation of 30 CFR 57.14131(a):

A fatal accident occurred at this operation on May 18, 1996 when a dump truck overturned and the truck driver came out of the vehicle. The truck, used to widen an access road, was not equipped with seat belts.

This citation was terminated on October 27, 1996, after seat belts were installed.

Citation No. 4143509

Issued on May 22, 1996 under the provisions of Section 104(a) of the Mine Act for violation of 30 CFR 57.14100(b):

A fatal accident occurred at this operation on May 18, 1996 when a mine dump truck overturned and the truck driver came out of the vehicle. The truck had several defects affecting safety which were not repaired in a timely manner. It was not equipped with doors and all six of the tires were showing signs of dry rotting. The right rear duals had a rock wedged between the tires and the outside tire was deflated. The truck was being used to haul material for widening a mine access road and turned over during dumping.

This citation was terminated on October 27, 1996 after restraining straps were installed in the doorways and the worn tires were replaced.

Order No. 4523365

Issued on May 22, 1996 under provisions of Section 104(g)(1) of the Mine Act for violation of 30 CFR 48.5(a)

A fatal accident occurred at this operation on May 18, 1996 when a mine dump truck overturned and the truck driver came out of the vehicle. MSHA required new miner training had not been provided the 22 individuals working at the mine.

The order was terminated on September 13, 1996. Individuals listed on the order received the required Part 48 training.

Citation No. 4523364

Issued on May 21, 1996 under the provisions of 104(a) of the Mine Act for violation of 30 CFR 48.3(a):

A fatal accident occurred at this operation on May 18, 1996 when a mine dump truck overturned and the truck driver came out of the vehicle. The mine operator did not have a MSHA approved plan for the training of miners in required health and safety topics.

The order was terminated on May 28, 1996. MSHA has approved a miner training plan submitted by the operator.

Citation No. 4144141

Issued on October 2, 1996 under the provisions of 104(a) of the Mine Act for violation of 30 CFR 50.12 (the extended period for completing the investigation was due to the mine having suspended operations and then not notifying MSHA upon reopening):

A fatal accident occurred at this operation on May 18, 1996 when a mine dump truck overturned and the truck driver came out of the vehicle. The accident site had been altered when the mine operator removed the Ford dump truck on September 29, 1996, before the investigation had been completed and the 103(k) order terminated.

The citation was terminated on October 2, 1996 after the operator was informed that removal of the truck was in violation of the requirement to secure the accident scene until the investigation was completed.

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