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

REPORT OF INVESTIGATION

Surface Nonmetal Mine
(Sand and Gravel)

Fatal Powered Haulage Accident

June 19, 2000


Texas Industries
Paradise Plant
Paradise, Wise County, Texas
ID No. 41-03253


Accident Investigators

Charles H. Sisk
Supervisory Mine Safety and Health Inspector

Wyatt S. Andrews
Mine Safety and Health Inspector

Eugene D. Hennen
Mechanical Engineer

David L. Weaver
Mine Safety and Health Specialist

Originating Office
Mine Safety and Health Administration
South Central District
1100 Commerce Street, Rm. 4C50
Dallas, TX 75242-0499
Doyle D. Fink, District Manager





OVERVIEW

On June 19, 2000, Shannon W. Pannell, customer truck driver, age 29, was fatally injured when the truck he was operating was struck by a freight train. Pannell had just turned off the highway and was crossing the railroad tracks when the accident occurred.

The accident occurred because the mine operator failed to enforce traffic controls at the railroad crossing.

Pannell had a total of two years experience driving trucks and about six months hauling from the Paradise Plant. He had not received training in accordance with 30 CFR, Part 48.

GENERAL INFORMATION

The Paradise Plant, an open-pit sand and gravel operation, owned and operated by TXI, was located in Paradise, Wise County, Texas. The principal operating official was Charles D. Nelson, plant manager. The mine was normally operated one, 10-hour shift, six days a week. Total employment was 23 persons.

The victim was employed by Farris Concrete Company located at Saginaw, Tarrant County, Texas. Gary C. Farris, owner, was the principal official.

Sand and Gravel was extracted from the pit with draglines. The raw material was transported by truck to the plant where it was crushed, screened, classified, and stockpiled. The finished product was sold primarily for concrete production and road construction.

The last regular inspection of the operation was completed on November 3, 1999. A regular inspection was conducted following the investigation.

DESCRIPTION OF THE ACCIDENT

On the day of the accident, Shannon W. Pannell (victim) reported for work at 6:00 a.m.. He was assigned to haul sand from the TXI Paradise Plant back to the Farris Concrete Company plant, a round trip distance of about 34 miles.

Pannell traveled from Saginaw, TX. on U.S. highway 287, north to State Highway 114, west to the mine and back. The time required to leave the cement plant, travel to the Paradise plant and get his truck loaded, was about 90 minutes. Pannell had hauled three loads and was approaching the mine site at about 1:10 p.m. for his fourth load of the shift, when the accident occurred.

There were a number of witnesses to the accident. William L. Shytles, truck driver for Sunset Trucking, was following Pannell into the plant. Both trucks were traveling west on state highway 114. Shytles observed that the train was traveling in the same direction as he and Pannell. He called Pannell on his CB radio and advised him of the location of the train. Pannell replied that he had seen the train, and it was moving slow. He moved to the shoulder of the highway preparing to turn right and enter the plant. Shytles observed Pannell's brake lights come on. Pannell turned right from the highway shoulder, traveled about 70 feet without stopping and entered the railroad crossing. The oncoming train struck the cab on the right (passenger) side. The train pushed the truck about 820 feet along the track before coming to a stop.

Mike D. Wylie, Texas Department of Public Safety officer and Robert E. Rankin, sergeant, who were traveling east on State Highway 114 also witnessed the accident. Wylie immediately radioed for emergency medical services. Pannell was air lifted to a hospital where he was pronounced dead at 2:33 p.m.

INVESTIGATION OF THE ACCIDENT

MSHA was notified at 9:05 a.m., on June 20, by a telephone call from Dana Glover-Smith, corporate safety officer for TXI, to Michael A. Davis, assistant district manager. An investigation was started the same day. MSHA's investigation team traveled to the mine, conducted a physical inspection of the accident site, interviewed a number of persons, and reviewed information relative to the accident. The miners did not request, nor have, representation during the investigation.

DISCUSSION

CONCLUSIONS

The root cause of the accident was mine management's failure to enforce traffic controls at the crossing. A contributing factor was the lack of proper turning lanes and warning signs on state highway 114.

ENFORCEMENT ACTIONS

Order No. 7887789 was issued to the mine operator on July 8, 2000, under the provisions of Section 107 (a), 104(a), of the Mine Act for violations of 30 CFR 56.9100a: This order was modified on July 8, 2000, to allow the mine operator to utilize the railroad crossing after a flagman was placed at the crossing to insure that vehicles are aware when a train is approaching the crossing from either direction.

Citation No. 7897041 was issued to the mine operator on June 20, 2000, under the provisions of Section 103(j), of the Mine Act for violations of 30 CFR 50.10: This citation was terminated on October 13, 2000 when the reporting requirements were discussed with the mine operator and then posted in the mine office.

Related Fatal Alert Bulletin:
Fatal Alert Bulletin Icon FAB2000M23

APPENDICES

A. Persons Participating in the Investigation

B. Persons Interviewed

APPENDIX A

Persons Participating in the Investigation

TXI Paradise Plant Farris Concrete Company Mine Safety and Health Administration
APPENDIX B


Persons Interviewed

Texas Department of Public Safety Union Pacific Railroad Farris Concrete Company Sunset Trucking Company Texas Department of Transportation


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