CHARLESTON, W.Va. – State inspectors have cited a mining operation owned by Gov. Jim Justice’s family following an investigation into the death of a worker.
The Offices of Miners’ Health Safety and Training citing Justice Low Seam Mining Inc. for six safety violations at the JC “Jim” Justice II Prep Plant in McDowell County.
According to the U.S. Mine Safety and Health Administration, Justice was listed as controller of the mine at the time of Matthews’ death. Justice’s daughter and son, Jill and Jay, were listed as operators as of March 7.
Investigators were looking into the death of Jason Kenneth Matthews, 43, of Bluefield, Va. Matthews died around 10 p.m. on Feb. 27 following a fall.
According to a report presented to the office’s board Monday, Matthews told the preparation plant control operator and foreman about a plate press not properly working. After a mechanic discovered the plate was broken and would require moving several other plates to begin work on it, Matthews said he could finish the project alone.
Ralph Sparks, the mechanic who reported to the plate press, told investigators he saw Matthews climbing a 10-foot extension ladder to gain access to the top of the press, not wearing his fall-protection safety harness. According to the report, Matthews also failed to contact the control room about restarting the conveyor belts.
Sparks said he heard a shovel fall and Matthews scream for help. He said he ran to stop the press and went down a level to stop the press’ waste conveyor belt.
Sparks and control room operator/foreman Jeff Music then discovered Matthews had fallen 18 feet from the top of the press to the conveyor belt. Matthews traveled 55 feet on the belt before falling another 10 feet onto a refuse collection belt.
According to the state report, he was found in a bin covered to his neck in coal.
Five notices of violations were also issued for failing to implement a comprehensive mine safety program; not providing training records for Matthews and Sparks; failing to make certain employees wore safety harnesses; failure to make sure ladders were secure; and the operator failing to report details of the incident in writing to the state within 24 hours.
Additionally, investigators also issued a “special assessed notice of violation,” which stated the operator failed to make sure repairs and maintenance were performed with the power off and with motion on the equipment blocked.
Penalties in cases of miners death, imminent danger or a high degree of negligence can be levied up to $10,000.