UNITED STATES
DEPARTMENT OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION


NORTH CENTRAL DISTRICT
Metal and Nonmetal Mine Safety and Health


Accident Investigation Report
Surface Nonmetal Mine
(Lime)

Fatal Slip and Fall of Person Accident

Tri-State Transport, Inc. (Contractor)
(I.D. No. 6DA)

Located at
Linwood Lime Plant
Linwood Mining and Minerals Corp.
Buffalo, Scott County, Iowa
(I.D. No. 13-01617)


April 27, 1997


By

William G. Hatfield, Jr.
Mine Safety and Health Inspector
and
Ralph D. Christensen
Supervisory Mine Safety and Health Inspector


Originating Office
Mine Safety and Health Administration
Federal Building, U.S. Courthouse
515 W. First Street, #228
Duluth, MN 55802-1302

Jake H. DeHerrera
Acting District Manager

GENERAL INFORMATION

James M. Smith, an over-the-road contract truck driver, age 64, was fatally injured at approximately 2:15 p.m. on April 27, 1997, when he fell from the top of his tanker/trailer. Smith had over 35 years of truck driving experience, 17 years with Tri-State Transport, Inc. The company had no records to show Smith had received any training in accordance with 30 CFR, Part 48.

Robert Niemela, general operations manager, Linwood Mining and Minerals, notified the MSHA Fort Dodge Field Office, leaving a voice mail message on the day of the accident. The investigation was started the next day when the message was retrieved.

Tri-State Transport, Inc., a commercial trucking company owned by McCarthy Improvement Company of Davenport, Iowa, was located on County Road Y, east of Buffalo, Scott County, Iowa. The principle operating official was Larry Griffin, general manager. The company operated 24 hours per day, seven days a week, dispatching on-the-road tank trucks to haul bulk lime and roofing granules from Linwood to customers in Iowa, Illinois, and Indiana. They also hauled products from other manufacturers as demand required. The company employed 42 truck drivers.

The Linwood Mining and Minerals Corporation, Linwood Lime Plant, was owned by McCarthy Improvement Company located in Davenport, Iowa. This mill was located on Highway 22 about one mile east of Buffalo, Scott County, Iowa. The mill normally operated three, 8-hour and two, 12-hour shifts a day, seven days a week.

Limestone was purchased from an adjacent mine also owned by McCarthy Improvement Company. The limestone was trucked to the mill where it was processed into calcium oxide, calcium hydroxide, and roofing granules. These products were shipped by truck, rail, and barge to customers throughout the Midwest.

The last regular mine inspection was conducted on March 12-20, 1997.

PHYSICAL FACTORS INVOLVED

The accident occurred at the truck wash area, which was located behind the mill. A platform about 12 feet in height was constructed above the wash area and could be reached by an attached stair. Access from the platform to the tanker trailers parked below was provided by a moveable walkway 58 inches long, equipped with a step to accommodate the different trailer heights. Drivers used the platform and walkway for access to close hatches before washing the trailers. A wire rope static line installed on a steel support extended about 40 feet and was attached to a 30-inch length of chain which connected it to the steel handrail support at the end of the moveable walkway. A safety belt with a 6-foot lanyard was attached to the static line but it was difficult to reach and use from the moveable walkway because the section of chain prevented it from sliding the last 30 inches. It was possible, but would have been very difficult, to put on the safety belt while positioned on the walkway prior to stepping onto the tanker trailer because of the distance a person would have to reach to make the connection. The static line's location made it impossible to position a tanker trailer directly underneath it.

The tractor was a 1995 model Mack Unit #859, serial number 1M2AA13Y5PW024029. The bulk tank trailer, unit #261, was a 1990 Fruehauf, serial number 1H4B0422ILL030205, equipped with three loading hatches located along its top. The middle hatch was found open. The front and rear hatches were closed.

Smith fell 11 feet 3 inches (front hatch to ground). Smith had open heart surgery five years ago. He had knee surgery on February 24, 1997 and had returned to work on March 24, 1997.

The weather was clear and dry.

DESCRIPTION OF THE ACCIDENT

On the day of the accident Smith arrived at Tri-State Transport, Inc., at approximately 1:30 p.m. He received his dispatch to deliver roofing granules to Summit, Illinois, his usual run. After a pre-trip inspection of his truck and trailer, he drove to the Linwood lime mill, which was about one mile away. When he arrived at the mill, he got his empty truck weighed, opened the center hatch of the tanker trailer, and was loaded with roofing granules. Smith's weight ticket was stamped at 2:09 p.m. and he drove to the truck wash area behind the lime mill. Smith was at the truck wash to close the center hatch and wash the lime dust from the tanker. A safety belt and lanyard were available but a buildup of dust was present to indicate they were not used routinely while drivers were positioned on their tanker trailers.

There were no witnesses to the accident. When found, Smith was located on the ground perpendicular to the front hatch of the tanker trailer, just behind the rear dual wheels of the Mack tractor unit. The water hose provided to wash the lime dust off the top of the tanker trailer was draped across the tanker just in front of the closed front hatch with the water on.

Douglas Long and LaVerne Burton, maintenance men, were driving from a mill area to the plant when they saw Smith laying on the road surface at the washing area. Long observed that Smith appeared to have serious head injuries. After turning off the water at the hose nozzle, Long, who was trained in CPR and first aid, could find no vital signs indicating that the victim was alive.

Burton proceeded to the plant office where he found William Spies, a foreman, who called 911 to request assistance. The Buffalo Ambulance Service arrived at approximately 2:25 p.m.

The victim was transported to Genesis East Hospital in Davenport Iowa, where he was pronounced dead. The cause of death was determined as massive head injuries.

CONCLUSION

The direct cause of the accident was the failure of management to enforce the use of the safety belt and line restraint system when drivers were positioned on top of the tanker trailer units performing work.

VIOLATIONS

Citation No. 7816816

Issued to Linwood Mining and Minerals Corporation on 4/29/97 under provisions of Section 104(d)(1) of the Mine Act for violation of 56.15005:

On April 27, 1997, at approximately 2:15 p.m., an over-the-road truck driver (James M. Smith) of Tri-State Transport, Inc., suffered fatal traumatic head injuries when he fell approximately 11' 3". The victim failed to use a safety belt and line restraint system at the truck wash area behind the lime plant. After receiving his load, he proceeded to the truck wash area to close the hatch and wash lime dust from the tanker. Two maintenance personnel discovered the victim's body as they drove past the truck wash area. A safety belt and line was available at the truck wash area. However, it appeared it hadn't been used for some time, as evidenced by a buildup of undisturbed dust on the belt. It was stated by lime plant supervision that truck drivers opened and closed their hatches without using a safety belt and line restraint system at the lime plant before or after loading. Supervision stated that ten to 70 trucks per day loaded from this facility. Supervision observed truck drivers at the facility opening and closing their hatches and failed to take corrective action to ensure that they used the safety belt and line restraint system when persons worked where there was a danger of falling. By this, management engaged in aggravated conduct constituting more than ordinary negligence. This violation is an unwarrantable failure.

Citation No. 7816817

Issued to Tri-State Transport, Inc. on 4/29/97 under provisions of Section 104d1 of the Mine Act for violation of 56.l5005:

On April 27, 1997, at approximately 2:15 p.m., an employee of Tri-State Transport, Inc., suffered fatal traumatic head injuries when he fell approximately 11'3" from the top of his tanker/trailer at the truck wash area of the Linwood Mining and Minerals Corporation, Linwood Lime Plant, in Buffalo, Scott County, Iowa. After receiving his load, he proceeded to the truck wash area to close the hatch and wash the lime dust from the tanker. Two maintenance employees drove past the area and observed the victim on the ground. The victim had failed to use the safety belt and line restraint system at the truck wash. The general manager stated that he had observed the truck drivers on their trucks at this site previously without using a safety belt and line restraining system. Tri-State Transport, Inc. management failed to take corrective action to ensure that its truck drivers used safety belt and line restraint systems on mine property even though they were aware of the lack of its use by previous observation. By this, management engaged in aggravated conduct constituting more than ordinary negligence. This violation is an unwarrantable failure.

[FAB97M28]