Fatality #3 - February 26, 2009

Accident Classification: Slip or Fall of Person

Location: BRC Minuteman LLC, Kentucky

Mine Controller: Headwaters Energy Services Inc.

Mine Type: Facility

Mined Material: Coal (Bituminous)

Incident Date/Time: February 26, 2009 02:08 pm

On February 26, 2009, at approximately 2:08 p.m., David W. McCarty, a contract garage door installer received fatal injuries while he assisted in the installation of a rolling steel overhead door. McCarty was positioned on a 10 foot step ladder as he and a co-worker tested the tension on the door. The door began to descend from the fully opened position and struck the ladder. McCarty fell, striking his head on the concrete floor below.

FATALITY ALERT

COAL MINE FATALITY - On Thursday, February 26, 2009, a 50-year old contractor with no mining experience was fatally injured when he fell from a step ladder. The victim was standing on one of the steps of a 10 foot step ladder while assisting a co-worker with the installation of a rolling steel overhead door. The two contractors were positioned on either side the door when it began to roll from the fully opened position. The door struck the ladder, causing the victim to fall, striking his head on the concrete pad. He was wearing a harness, but the lanyard was not anchored.