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Metal and Nonmetal Mine Safety and Health


Surface Nonmetal Mine


July 2, 2002

Journagan Portable # 18
Leo Journagan Construction Company, Inc.
McCracken, Christian County, Missouri
ID No. 23-02115

Accident Investigators

Michael C. Sanders
Mine Safety and Health Compliance Specialist

Robert D. Seelke
Mine Safety and Health Compliance Specialist

David L. Weaver
Mine Safety and Health Specialist

Originating Office
Mine Safety and Health Administration
South Central District
1100 Commerce Street, Room 462
Dallas, Texas 75242
Edward E. Lopez, District Manager


On July 2, 2002, Kenneth A. Guin, laborer, age 51, was fatally injured when the conveyor and transport assembly he was working under fell off the materials used to block it, crushing him.

The accident occurred because the raised components were not adequately blocked to prevent accidental lowering prior to work being performed under them.

Guin had 5 months total mining experience, all as a laborer at this location. He had received training in accordance with 30 CFR, Part 46.


Journagan Portable #18, a surface crushed limestone mine, owned and operated by Leo Journagan Construction Company, Inc., was located in McCracken, Christian County, Missouri. The principal operating official was John A. View, III, vice president/ treasurer. The quarry and plant operated 1, ten-hour shift a day, 4 days a week. Total employment was 7 persons.

The portable crusher plant was routinely moved between various quarries throughout the state of Missouri. At this location, limestone was mined from a single bench by drilling and blasting. The material was hauled by truck to the portable plant where it was crushed, screened and stockpiled. The finished product was sold or used by the company in the construction industry.

The last regular inspection for this operation was conducted on February 22, 2002.


On the day of the accident, Kenneth A. Guin (victim) reported for work at 6:00 a.m., one hour prior to his normal starting time due to a holiday schedule. David Williams, foreman, assigned Guin, Roy Keckler, front end loader operator, and Delmar Berry, truck driver, to help set up the portable crushing unit that had recently been moved onsite from another location. They worked together until 12 p.m., when they broke for lunch.

About 12:30 p.m., Williams assigned Guin and Berry to repair a portable conveyor system that had been damaged during relocation. The U-bolts attaching the conveyor to the transport assembly had been damaged during the move and it was decided they would have to be replaced before the conveyor would be placed into service. Williams decided to replace the U-bolts with steel plate brackets and use grade 8 bolts and nuts to re-attach the conveyor frame to the transport assembly.

Berry raised the tail pulley end of the conveyor with a Bobcat, while Guin placed a wooden block under it for support. Wooden blocks were used to chock the wheels to prevent the conveyor system from rolling backward. At mid-point on the conveyor, they stood a 2 foot piece of railroad tie on end and laid another wooden block horizontally on top of it to serve as a base for a hydraulic jack. Two pieces of scrap metal were placed between the jackhead and the conveyor frame.

With Guin working on one side of the conveyor and Berry on the other, they began to remove the four U-bolts that fastened the frame of the conveyor system to the transport assembly. Three of the four U-bolts had been removed leaving only one U-bolt to hold the two frames together. Guin had difficulty unthreading the nuts due to the suspended weight of the dolly so he crawled under the conveyor to operate the jack hoping to relieve the tension on the nuts. As he began to jack the frame up, the remaining nut on the U-bolt suddenly stripped, causing the conveyor to shift and fall from the jack, striking Guin in the lower back and crushing him to the ground. Williams, who had just left the area, heard a noise, turned and saw Guin pinned under the conveyor. He immediately signaled for the front-end loader to help raise the conveyor off Guin. Emergency medical personnel were summoned and arrived shortly. They stabilized Guin at the site, then care flighted him to the local hospital where he later died. Death was attributed to blunt trauma and crushing injuries to the chest and abdomen.


MSHA was notified at 3:10 p.m., on the day of the accident, by a telephone call from Virgil Teaford, safety director for Leo Journagan Construction Company, Inc., to Marietta Mitchell, mine safety and health compliance specialist. An investigation was started the same day. MSHA's accident investigation team traveled to the mine, conducted a physical inspection of the accident site and equipment involved in the accident, interviewed persons, reviewed training records, conditions and work procedures relative to the accident. MSHA conducted the investigation with the assistance of mine management and miners.


  • The accident occurred in the north section of the quarry where equipment was stored when not in service. The ground was typically level and dry this location.

  • The equipment involved was a MARCO portable conveyor system, model 221, serial NO. 74794-15, that was custom manufactured by E. F. Marsh Engineering Company in 1995, for Journagan Const. & Quarries Co. The conveyor was 3 feet 5 inches wide by 63 feet long with a gross weight of 9,880 pounds. The conveyor was originally equipped with support legs to facilitate stacking a number of conveyors for transporting on flat-bed trailers. In November 2001, the operator modified the conveyor for towing. The folding support structure was removed and a transport assembly from a model 541-PCC Marco portable conveyor was attached with u-bolts.

  • The U-bolts involved in the accident were zinc plated, cold rolled steel and were used to attach the conveyor to the transport assembly. The U-bolts were 3-1/2 inches wide, with a thread diameter of � inch. The first 1-1/2 inches of bolt length were threaded at 10 threads per inch. The four u-bolts were saddled onto the bottom portion of the tubular frame of the conveyor and secured to a bracket attached to the transport assembly. Two u-bolts were attached on each side of the support legs at the forward section and 2 at the rear, about 6 feet, 6 inches apart.

  • The manufacturer of the hydraulic jack could not be determined. The jack had an 8-ton lifting capacity. Fully extended the jack measured 15-3/8 inches high. It measured 9- 1/16 inches tall with a handle stroke of 6-1/8 inches. The base was 5-1/16 inches by 5-3/8 inches. At the time of the accident the jack was extended 1-3/4 inches from its lowest position. The jack was found to be in good working order when tested.

  • The vertical wood block used to support the jack from the ground was a section of old railroad cross tie. It measured 2 feet 4 inches long by 6 inches wide by 8 inches high. The horizontal wood block placed on top of this upright and immediately under the jack, was 1 foot 8 inches long by 6 inches wide by 3 inches high. Both were found in generally good condition. The scrap metal used between the jack head and the conveyor frame consisted of a piece of 1 inch angle iron measuring 3 feet 6 inches long by 1/4 inch thick placed on top of a 1 inch diameter tubular steel bar stock measuring 4 feet 9 inches long by 1/4 inch thick.

  • The two wood blocks placed under the tail pulley section of the conveyor frame measured 4 feet and 3/4 inches by 1 foot 5 inches, and 3 feet 5 inches by 1 foot 5 inches, respectively.

  • No provisions had been made for blocking and supporting the transport assembly.


    The root cause of the accident was the failure to require proper blocking be used to secure raised components of mobile equipment. The accident occurred because the hydraulic jack positioned on two wooden blocks was not an effective means to prevent accidental lowering of the raised components.


    Citation No. 6217877 was issued on September 23, 2002, under the Provisions of Section 104(a) of the Mine Act for violation of 30 CFR 56.14211 (b):
    A fatal accident occurred at this operation on July 2, 2002, when a conveyor /transport assembly fell, crushing the victim to the ground. The conveyor/ transport assembly had not been properly blocked and secured to prevent accidental lowering.
    This citation was terminated on 10/16/2002. All employees have been retrained in proper blocking/ cribbing procedures to use where employees could be exposed to accidental lowering.

    Related Fatal Alert Bulletin:
    Fatal Alert Bulletin Icon FAB02M19


    Persons Participating in the Investigation

    Leo Journagan Construction Company, Inc.
    David E. Williams ............ foreman
    Bryan Holt ............ senior vice president
    Virgil B. Teaford ............ safety director
    Delmar E. Berry ............ truck driver
    Mine Safety and Health Administration
    Michael C. Sanders ............ mine safety and health compliance specialist
    Robert D. Seelke ............ mine safety and health compliance specialist
    David A. Weaver ............ mine safety and health compliance specialist


    Persons Interviewed

    Leo Journagan Construction Company, INC.
    David E. Williams ............ plant manager
    Delmar E. Berry ............ truck driver
    Roy E. Keckler ............ front end loader operator