Fatality Reports

The Operator contested both MSHA's jurisdiction and the substance of the citations in this case. During discovery and the litigation process, MSHA learned that it did not have jurisdiction over the road where the fatal accident occurred. The portion of the road was open to the public and not under the control of the Mine Operator. Based on this, MSHA determined that the fatality should be delisted and should not be charged to the mining industry.

Based on MSHA’s investigation and the finding of the death certificate, MSHA concluded that the miner died from natural causes and that the fatality should be de-listed and not charged to the mining industry. The death certificate indicated that the death was natural and was due to a cardiac arrhythmia due to a myocardial infarction which in turn was due to coronary artery atherosclerosis.

On March 25, 2011, MSHA Solicitors made a determination that a fatality which occurred on February 03, 2011, (Listed as Coal #2 - Consol Energy Inc. - McElroy Mine - Cameron, WV) is not under MSHA jurisdiction, and therefore, not chargeable to the mining industry.