Total of 95 significant and substantial violations, 12 unwarrantable failures found
WASHINGTON – The U.S. Department of Labor announced today that its Mine Safety and Health Administration completed impact inspections in October 2024 at 15 mines in Alabama, Arkansas, Colorado, Illinois, Kentucky, Louisiana, Michigan, Missouri, Nevada, New York, Pennsylvania, West Virginia, and Wyoming and issued 286 violations.
The agency conducts impact inspections at mines that merit increased agency attention and enforcement because of poor compliance history; previous accidents, injuries and illnesses; and other compliance concerns. Of the 286 violations MSHA identified during October 2024 impact inspections, 95 were evaluated by inspectors as significant and substantial and 12 had unwarrantable failure findings. The agency began conducting impact inspections after an April 2010 explosion in West Virginia at the Upper Big Branch Mine killed 29 miners.
Since 2023, MSHA’s impact inspections have identified 4,965 violations, including 1,380 significant and substantial and 99 unwarrantable failure findings. An S&S violation is one that is reasonably likely to cause a reasonably serious injury or illness. Violations designated as unwarrantable failures occur when an inspector finds aggravated conduct that constitutes more than ordinary negligence.
“Miners have the right to work in a safe and healthy environment, which can only be achieved when safety and health is a core organizational value with commitments to identifying and eliminating hazards, devoting sufficient resources, ensuring transparent communication and encouraging active miner participation,” said Assistant Secretary for Mine Safety and Health Chris Williamson. “The impact inspection at Atalco Gramercy LLC’s Gramercy Operation in October identified the continued existence of a troubling culture and repeated hazards that demonstrate a disregard for the safety and health of miners. Impact inspections and enhanced enforcement are valuable tools this administration has used to prioritize miners’ safety and health.”
Atalco Gramercy LLC’s Gramercy Operation, an alumina facility in St. James County, Louisiana, was selected for impact inspection because of its enforcement and accident history, as well as several hazard complaints.
Gramercy Operation is one of two mines currently operating under a pattern of violations notice, which is one of MSHA’s toughest enforcement actions. MSHA issues these notices to mine operators who are chronic violators and demonstrate a disregard for the safety and health of miners. The POV notice was issued to Gramercy in July 2023, noting the mine’s pattern of S&S violations related to caustic spills and leaks putting miners at risk of injury.
Since the POV notice was issued, Gramercy Operation’s safety and health history has included 64 Mine Act 104(e) withdrawal orders and four 103(k) orders in response to significant accidents. These accidents include the severe burns of four miners from caustic material while performing maintenance activities, a contractor suffering a severe injury while hydro-blasting during maintenance, another contractor sustaining an injury after falling from scaffolding and a fatal caustic burn. MSHA is currently investigating the fatal burn accident that occurred at the mine on Aug. 4, 2024, when a miner performing maintenance activities died after suffering severe chemical and thermal burns because of an opening in the floor that contained caustic liquid.
On Oct. 7, 2024, Assistant Secretary Williamson sent a letter to Atlantic Alumina’s president and principal owner of Atalco Gramercy, outlining MSHA’s significant concerns about the mine operator’s disregard for mandatory standards and the safety and health of miners. That same week, MSHA’s administrator for mine safety and health enforcement and its Dallas district manager met with Atalco Gramercy management to discuss the mine operator’s plans to improve working conditions at the mine. The meeting also included international and local officials from the United Steelworkers.
An impact inspection was performed over two days, Oct. 28 and 29, 2024, and identified 60 violations of mandatory safety and health standards, including 24 S&S violations and 23 104(e) orders. Four 104(e) orders were also determined to be unwarrantable failures to comply with a mandatory safety or health standard.
Specifically, inspectors found the following conditions:
- Multiple locations throughout the mine with accumulations of caustic liquid, exposing miners to chemical burn hazards.
- Areas with caustic liquid not blocked off to prevent access and workers traveling through those areas without protection.
- Accumulations of other materials in work areas without a way for miners to safely access those areas, exposing miners to potential slip, trip and fall hazards, as well as fire and electrical hazards.
- Defects on various pieces of equipment, unsafe high-pressure hose connections and inadequate training.
- Instances where dangerous conditions were not corrected before equipment was energized.
These findings indicate a range of systemic safety failures that exist at Gramercy Operation. Caustic material and other hazards have been previously identified and immediately abated through MSHA enhanced enforcement. However, these same hazardous conditions continue to exist between inspections, severely and fatally injuring miners, and were discovered again during the October 2024 impact inspection. These repeated failures to comply with MSHA standards, which unnecessarily jeopardize miners’ lives, are troubling and underscore the need for corporate officers, managers and all employees to commit to improving the safety and health culture at the mine.
