Published: November 05, 2008 01:21 am      

Companies fined $55,000 each for Quecreek accident

SOMERSET — Two companies involved in the Quecreek Mine accident were playing “Russian roulette” with the lives of nine miners who were trapped underground for more than three days, a judge said in fining both companies each the maximum of $55,000.

Administrative Law Judge Robert Lesnick rejected a recommendation from the U.S. Mine Safety and Health Administration, which suggested fines of $5,000 each against PBS Coals Inc. and Musser Engineering.

The miners, working for Black Wolf Coal Co. at PBS Coal’s Quecreek Mine, became trapped in a flooded tunnel on July 24, 2002, when they dug into the abandoned, flooded Saxman Mine.

The miners had been relying on outdated maps that showed the mine was 300 feet away.

Black Wolf previously agreed to pay a $4,100 fine, but Lesnick’s decision Monday was based on a hearing in August and written arguments to determine if the fines against PBS and Musser were sufficient.

The judge found that the companies “knowingly mapped the QuecreekNo. 1 Mine based on questionable information, knowingly placed their production agenda ahead of caution, and then directed their miners into areas that tragically turn out to be ‘undiscovered country.’ ”

The Mine Safety and Health Administration suggested PBS Coals and Musser were moderately negligent, but Lesnick found both companies “grossly negligent.”

“PBS strongly disagrees with the decision ... and has always considered the safety of its miners to be of the greatest importance,” attorney Vincent Barbera said, adding the company intends to appeal.

Musser officials could not be reached immediately for comment.

The judge found that Musser used an inaccurate map to determine where to mine, and later got a second map from Consol Energy Inc. that was not dated or marked final by a surveyor.

The property was once owned by the Acosta Gray Co., which later became part of Pittsburgh-based Consol. In the 1950s and '60s, Acosta Gray leased mining rights to Saxman Coal and Coke.

Given the uncertainty regarding the maps, the judge said, “A reasonably prudent person would have erred on the side of safety and taken additional precautions.”

“The respondents took no such precautions, choosing instead to play Russian roulette with the lives of miners,” the judge said.

Pittsburgh attorney Howard Messer, who represents eight of the nine miners in litigation against those companies and others, said the decision supports the miners’ claims.

“We believe this decision vindicates our efforts and the efforts of the Quecreek miners to bring this case to a just result,” Messer said.

The companies have 40 days to pay the fines or appeal.