Two former mine managers were sentenced last week in the United States District Court in Louisville for repeatedly violating the Mine Safety and Health Administration’s regulations requiring accurate respirable coal-dust-sampling in underground coal mines. Respirable coal dust causes what is commonly known as black lung disease among coal miners. Black lung is a progressive and irreversible disease leading to lung failure and death. However, the U.S. Attorney’s Office points out it is preventable by reducing the levels of respirable coal dust to which miners are exposed.
According to a release from the U.S. District Court, 52-year old Steve DeMoss and 53-year old Ron Ivy, both residents of Hopkins County, were safety directors at Parkway and Kronos mines operated by the Armstrong Coal Company. U.S. Attorneys said the two men oversaw the required regular dust-sampling that would ensure that the mines’ ventilation and engineering controls were adequate to keep respirable coal dust at safe levels. However, starting in 2013 and continuing through 2015, investigators said DeMoss and Ivy, rather than conducting the dust-sampling monitors as required for full shifts, they instead repeatedly took the dust-sampling monitors out of the dusty working areas and into areas with clean air in an attempt to ensure the monitors would not register elevated dust levels.
Demoss and Ivy were both sentenced to six months of probation for removing dust-sampling devices from miners before the end of the designated sampling period.
The investigation of the case was conducted by the Mine Safety and Health Administration’s Madisonville District Office.
The case was prosecuted by Western District of Kentucky Assistant U.S. Attorney Corinne Keel and Special Assistant U.S. Attorneys Jason Grover and Dana Ferguson from the Department of Labor.
