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Fatality #28 - February 2, 2007

Accident Classification: Hand Tools
Location: Chantilly Crushed Stone Incorporated, Virginia
Mine Controller: John Gudelsky
Mine Type: Surface
Mined Material: Crushed, Broken Traprock
Incident Date/Time: February 2, 2007 01:45 pm
Chargeback Date: 10/26/2007

On February 2, 2007, Julio A. Fuentes-de-Leon, owner of ABM Trucking LLC, age 38, was fatally injured when the lift axle of a haul truck he was repairing fell on him. Fuentes-de-Leon was lying on a mechanic's creeper under his truck trying to replace the left side axle pivot bolt on the truck's axle. 



The accident occurred because the owner of the truck failed to follow the manufacturer's procedures to complete the repair. The truck was not blocked against movement and drifted backward on a slight grade, causing a jack and wooden block to kick out. 



The victim was a sole proprietor of an independent trucking company whose trucks regularly hauled finished products from stock piles on the mine site to offsite customers. Neither Fuentes-de-Leon nor ABM Trucking LLC was employed by or contracted by the mine operator to perform any work or service at the mine. 



The Federal Register dated September 30, 1999, included mandatory regulations related to training and retraining of miners at surface crushed stone mines such as Chantilly Crushed Stone Inc. The definition of miner, as stated in 30 CFR 46.2(g)(2), excludes customers and commercial over-the-road truck drivers.