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UNITED STATES
DEPARTMENT OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION
Metal & Nonmetal Mine Safety and Health


REPORT OF INVESTIGATION


Surface Nonmetal Mill
(Barite)

Fatal Powered Haulage Accident
June 14, 2000


M. Matt Durand, Inc.(5TJ)
St. Martinsville, St. Martin Parish, Louisiana

at

Excalibar Minerals
Excalibar Minerals Inc.
New Iberia, Iberia Parish, Louisiana
ID No. 16-01302


Accident Investigators

Jerry A. Millard
Supervisory Mine Safety and Health Inspector

Joseph A. Olivier
Mine Safety and Health Inspector

Eugene D. Hennen, P.E.
Mechanical Engineer

Leland R. Payne
Mine Safety and Health Specialist


Originating Office
Mine Safety and Health Administration
South Central District
1100 Commerce St., Room 4C50
Dallas, TX 75242-0499
Doyle D. Fink, District Manager





OVERVIEW

On June 14, 2000, Russell P. Domingue, contract equipment operator, age 44, was fatally injured when he was run over by a 25-ton haulage truck. Domingue had left his crawler tractor (dozer) to assist a fellow miner who was having trouble dumping his loaded truck. Domingue was walking back to his dozer when a second truck ran over him.

The cause of the accident was management's failure to establish effective traffic control for the safe movement of mobile equipment. A warning had not been sounded prior to moving the truck, which contributed to the accident. Other contributing factors were impaired operator visibility and failure to provide all appropriate Part 48 training.

Domingue had a total of three years and eight months of experience as an equipment operator, all with this contractor, and had worked intermittently at this mine during the past two years. He had received new (inexperienced) miner training on January 7, 1998, and hazard training on June 6, 2000. Annual refresher training was not received in accordance with 30 CFR Part 48.

GENERAL INFORMATION

Excalibar Minerals, a surface barite milling operation, owned by Newpark Resources and operated by Excalibar Minerals, Inc., was located in New Iberia, Iberia Parish, Louisiana. The principal operating official was Douglas H. Weeks, plant manager. The mill normally operated two, eight-hour shifts. The first shift worked Sunday through Thursday and the second shift worked Tuesday through Saturday. Total employment was nine persons.

Raw Barite ore was purchased from a European supplier who arranged to have the product shipped to the U.S. and delivered to the mill site in barges. The material was off-loaded with an excavator onto haul trucks, which transported the ore to an on-site stockpile. The stockpiled material was wheel loader fed to the plant where it was crushed, milled, and screened. The finished product was sold in packaged and bulk form.

The victim was employed by M. Matt Durand, Inc., an independent contractor, located in St. Martinsville, Louisiana, which was hired to off-load the raw ore from barges and stockpile the material at the mill site. The principal operating official was M. Matt Durand, president. Five persons were employed on an intermittent basis.

The last regular inspection of this operation was completed on October 14, 1999. A regular inspection was conducted following this investigation.

DESCRIPTION OF ACCIDENT

On the day of the accident, Russell P. Domingue (victim) reported to work at 6:00 a.m., his normal starting time. Domingue and his fellow workers initially made repairs to the excavator. After the repairs were completed, the five miners discussed the loading procedures, dumping locations, and traffic patterns they would use.

Off-loading of the ore began at about 10:00 a.m. Two Cameco, Model 405-B, 25-ton haulage trucks transported the ore from the barges to the stockpile area. The trucks backed to the base of the stockpile and dumped. After the seventh load of the day was dumped, Domingue, the dozer operator, pushed the dumped ore onto the stockpile to a height of 11 feet.

About 11:30 a.m., the men stopped for lunch. Douglas Weeks, plant manager, joined the contractors crew and conducted site hazard training.

Off-loading the ore resumed at 12:15 p.m. At 4:45 p.m., Brett C. Gonsoulin, truck driver, backed his haul truck to the base of the stockpile. He encountered a problem raising the bed of the truck. Domingue, who had been sitting on his parked dozer, dismounted and walked across the stockpiling area to assist Gonsoulin. He stood at the left (north) side of the truck as he talked to Gonsoulin.

About that time, Charles J. Judice, truck driver, arrived at the stockpile, backed his haul truck along the right side (south) of Gonsoulin's truck, and began dumping material. Domingue walked in front of Judice's truck toward the parked dozer. Judice began driving the truck forward while turning hard to the right. To observe the truck bed lowering, Judice was looking over his right shoulder. He had moved forward approximately 43 feet from the stockpile when he looked forward to see if he had cleared the parked dozer. Judice felt a bump and saw a pair of sunglasses fly out from the left side of the truck. He stopped immediately, looked down, and saw Domingue lying on the ground behind the left front wheels.

The victim was checked for vital signs but none were found. The New Iberia Parish coroner was notified. Death was attributed to crushing trauma to the chest.

INVESTIGATION OF THE ACCIDENT

MSHA was notified at 5:00 p.m. on the day of the accident by a telephone call from Douglas H. Weeks, plant manager, to Willard J. Graham, supervisory mine safety and health inspector. An investigation was started the same day. MSHA's accident investigation team traveled to the mine, conducted a physical inspection of the accident site, interviewed a number of persons, reviewed documents relative to the job being performed, and reviewed the victim's training records. An order was issued under the provisions of Section 103(k) of the Mine Act to ensure the safety of the miners. MSHA conducted the investigation with the assistance of mine management, general contractor management, and employees. The miners did not request, nor have, representation during the investigation.

DISCUSSION
CONCLUSION

The root cause of the accident was management's failure to establish effective traffic control for the safe movement of mobile equipment. A warning had not been sounded prior to moving the truck, which contributed to the accident. Other contributing factors were impaired operator visibility and failure to provide all appropriate Part 48 training.

ENFORCEMENT ACTIONS

Excalibar Minerals

Order No. 7869321 was issued on June 14, 2000, under provisions of Section 103(k) of the Mine Act: This order was terminated on June 17, 2000, after it was determined that the mine could safely resume normal operations.

Citation No.7869379 was issued on September 12, 2000, under the provisions of Section 104(a) of the Mine Act for violation of 30 CFR 56.14200: This citation was terminated on September 13, 2000, after all employees received additional training and instructions on sounding a warning prior to moving mobile equipment.

Citation No. 7869380 was issued on September 12, 2000, under the provisions of Section 104(d)(1) of the Mine Act for violation of 30 CFR 48.25: This citation was terminated on September 13, 2000, when Charles Judice was removed from this job site permanently.

Citation No. 7869381 was issued on September 12, 2000, under the provisions of Section 104(a) of the Mine Act for violation of 30 CFR 56.14103(a): This citation was terminated on September, 13, 2000, when the side windows of the truck were removed pending replacement.

M. Matt Durand

Citation No. 7869382 was issued on September 12, 2000, under the provisions of Section 104(a) of the Mine Act for violation of 30 CFR 56.14132(a): This citation was terminated on September 13, 2000, when the horn was repaired.

Order No. 7869383 was issued on September 12, 2000, under the provisions of Section 104(g)(1) of the Mine Act for violation of 30 CFR 48.25: This citation was terminated on September 13, 2000, when Charles Judice was removed from the mine site permanently.

Citation No. 7869384 was issued on September 13, 2000, under the provisions of 104(a) of the Mine Act for violation of 30 CFR 56.14103(a): This citation was terminated on September 13, 2000, when the side windows of the truck were removed pending replacement.

Related Fatal Alert Bulletin:
Fatal Alert Bulletin Icon FAB2000M22

APPENDICES

A. Persons Participating in the Investigation
B. Persons Interviewed

APPENDIX A

Persons Participating in the Investigation

Excalibar Minerals, Inc. M. Matt Durand, Inc. Mine Safety and Health Administration APPENDIX B
Persons Interviewed

Excalibar Minerals Inc. M. Matt Durand, Inc. Newpark Drilling Fluids Inc. Ahnight N.A. Limited


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