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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 Fall of Person Accident
June 30, 2000

Fyke Washed Sand & Gravel
A and E Agg., Inc.
Pinckney, Livingston County, Michigan
ID No. 20-03000

Accident Investigators

Paul A. Blome
Supervisory Mine Safety and Health Inspector

David E. Niemi
Mine Safety and Health Inspector

Christopher J. Kelly
Civil Engineer

Michael C. Superfesky
Civil Engineer

Ronald Chambers
Mine Safety and Health Specialist

Originating Office
Mine Safety and Health Administration
North Central District
515 West First Street, Room No. 333
Duluth, MN 55802-1302
Felix A. Quintana, District Manager






OVERVIEW

Dennis L. Peters, foreman, age 33, was fatally injured on June 30, 2000, when he fell into the rotating paddles of a log washer. Peters was attempting to reposition a water pipe feeding the log washer. The accident occurred because management failed to provide safe access to the work location. Management's failure to establish procedures requiring machinery to be blocked against motion prior to performing maintenance contributed to the severity of the accident.

Peters had a total of approximately 15 years mining experience, two years and 18 weeks at this mine. He had received training in accordance with 30 CFR Part 48.

GENERAL INFORMATION

The Fyke Washed Sand & Gravel mine, a sand and gravel operation, owned and operated by A and E Agg., Inc., was located in Pinckney, Livingston County, Michigan. The principal operating officials were Eula M. Fyke, president, and William P. Fyke, general manager. The plant was normally operated one, 10-hour shift, five days a week and one, 5-hour shift on Saturday. Total employment was eight persons.

Sand and gravel was extracted from a single bench using a front-end loader. Raw material was screened, crushed, and stockpiled. The finished products were sold primarily for sewer stone, roof stone, landscaping material, and for use in concrete.

The last regular inspection of this mine was completed on April 28, 1999. Another inspection was conducted following the investigation.

DESCRIPTION OF ACCIDENT

On the day of the accident, Dennis Peters (victim) reported for work at 6:00 a.m., his regular starting time. Water from a new well was going to be used for the first time on that shift to determine if everything would work properly with the log washer. Some final hookups and adjustments needed to be made.

As other employees arrived for work, Peters assigned them jobs. Peters sent Joseph Haydu, maintenance man, to a nearby town to have a pipe threaded to complete the piping job. Stanley Sutherland, maintenance man, arrived at about 8:00 a.m and helped on both the electrical work and the piping which had been started earlier.

The log washer, with the new water system, was started at approximately 10:30 a.m. The material discharging from it was too wet and it was decided that the water level in the log washer needed to be reduced. The options had been to raise the head end of the log washer or reposition the water pipe feeding the washer.

The system was filled with material and at approximately 11:30 a.m., it was determined that the pipe should be repositioned. Sutherland intended to move the pipe, but Peters said he would do it. Peters proceeded to climb up onto the lower end of the log washer and walk up the 4 inch wide outside edge. When he reached the cross member (3/8-inch thick angle iron) closest to the water pipe, he stepped from the edge of the operating log washer onto it. While standing on the cross member, over the center of the log washer, he began to vertically raise the discharge end of the pipe by hand to reposition the spray. Haydu had just warned Peters to stop because it looked like the pipe was going to break, when the pipe separated from the valve on the screen plant. Peters lost his balance and fell backward into the log washer. Johnson, who was standing nearby, tried to grab Peters, but was unsuccessful.

Haydu immediately shut down the plant and Sutherland called 911. Local rescuers arrived and tried to extricate Peters, but were unsuccessful until Sutherland cut a side panel from the log washer to gain access to the victim. The county medical examiner investigator pronounced the victim dead at the scene at approximately 1:23p.m.

INVESTIGATION OF THE ACCIDENT

MSHA was notified at 1:20 p.m. on the day of the accident by a telephone call from William P. Fyke, general manager for the mining company, to Gerald Holeman, field office supervisor. An investigation was started the next day. MSHA's accident investigation team traveled to the mine and made a physical inspection of the accident site, interviewed a number of persons, and reviewed training records and work procedures performed at the time of the accident. An order was issued pursuant to Section 103(k) of the Mine Act to ensure the safety of the miners. The miners did not request, nor have, representation during the investigation.

DISCUSSION
CONCLUSION

The accident was caused by management's failure to provide safe access to the work location. Management's failure to establish procedures requiring machinery to be blocked against motion prior to performing maintenance contributed to the severity of the accident.

ENFORCEMENT ACTIONS

Order No. 7803919 was issued on June 30, 2000, under provisions of Section 103(k) of the Mine Act: This order was terminated on July 13, 2000. Conditions that contributed to the accident have been corrected and normal operations can resume.

Citation No. 7840403 was issued on August 16, 2000, under provisions of Section 104(d)(1) of the Mine Act for violation of 30 CFR 56.14105: Order No. 7840404 was issued on August 16, 2000, under the provisions of Section 104(d)(1) of the Mine Act for violation of 30 CFR 56.11001:

Related Fatal Alert Bulletin:
Fatal Alert Bulletin Icon FAB2000M27

APPENDICES

A. Persons Participating in the Investigation

B. Persons Interviewed

APPENDIX A

Persons Participating in the Investigation:

A and E Agg., Inc. Livingston County Medical Examiner's Office Mine Safety and Health Administration
APPENDIX B

Persons Interviewed:

A and E Agg., Inc.


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