MSHA issues final report finding inadequate preshift exams and unsupported rib in February 28, 2025 Black Eagle Mine fatality

MSHA’s final report on a February 28, 2025 fatality at Marfork Coal Company’s Black Eagle Mine identified inadequate preshift examinations and failure to support or control the rib as causal factors. WV MetroNews This matters for aggregate operators evaluating whether coal-style preshift documentation could close similar gaps in competent person examinations. The core uncertainty is how your sites’ existing preshift obligations under 30 CFR 57.22228 interact with any voluntary enhancements. Legal Information Institute

Background

A fatality occurred on February 28, 2025 at the Black Eagle Mine operated by Marfork Coal Company, LLC, according to MSHA’s final report. MSHA The miner, Billy Stalker, age 46, died when rib rock weighing more than 1,000 pounds fell on him during seal construction. WCHS-TV MSHA’s investigation found the operator did not support or otherwise control the rib and that adequate preshift examinations were not conducted. WV MetroNews MSHA issued two orders to Marfork Coal Company for violations related to the fatality. WCHS-TV

Key Provisions

• Event details: A fatality occurred on February 28, 2025 at Marfork Coal Company’s Black Eagle Mine. MSHA The worker, Billy Stalker, age 46, was struck by rib rock weighing over 1,000 pounds. WCHS-TV
• Investigation findings: MSHA found the mine operator did not support or otherwise control the rib to protect miners. WV MetroNews MSHA also found adequate preshift examinations were not conducted. WV MetroNews
• Enforcement: MSHA issued two orders to Marfork Coal Company in connection with the fatality. WCHS-TV
• Coal preshift standard: 30 CFR 75.360 requires preshift examinations to be conducted within 3 hours preceding the beginning of any 8-hour interval during which any person is scheduled to work underground. Legal Information Institute
• Metal/nonmetal preshift standard: 30 CFR 57.22228 requires preshift examinations within three hours prior to the start of the shift. Legal Information Institute

Decision Framework

Two threshold questions drive whether to adopt coal-style preshift documentation at aggregate quarries: (1) which of your operations are already subject to preshift examination requirements under 30 CFR 57.22228; and (2) whether your current pre-work checks and records reliably capture high-risk ground conditions before work begins. Use the Black Eagle findings to calibrate the adequacy of preshift practices.

• If any operation is covered by 30 CFR 57.22228, then preshift examinations must already occur within three hours prior to the start of the shift; the immediate implication is that compliance with that timing and associated record practices should be the focus before layering coal-style elements. Legal Information Institute
• If your quarries are not covered by 30 CFR 57.22228, then adopting a coal-structured preshift record (clear timing window, defined areas, examiner identification) may address gaps akin to those identified at Black Eagle, where inadequate preshift examinations and rib support/control failures were causal. Legal Information InstituteWV MetroNews
• If operational capacity is limited to complete a detailed pre-work route before shift start, then a narrower scope focused on highest-risk ground conditions may be necessary to ensure consistent execution. (No external citation; internal capacity assessment)
• Before deciding, confirm: which CFR parts govern each site (including whether 30 CFR 57.22228 preshift requirements apply), and how your current records compare to the timing benchmarks in 30 CFR 57.22228 and coal’s 30 CFR 75.360 that you may elect to emulate. Legal Information InstituteLegal Information Institute

What We’re Monitoring

• Any MSHA updates that clarify preshift examination timing or documentation expectations applicable to metal/nonmetal mines; monitor formal rule pages and policy issuances.
• Agency communications that illuminate which coal preshift record elements are most transferrable to MNM contexts without adding non-beneficial checks.
• Post-incident enforcement emphasis on the adequacy of preshift examinations in light of the Black Eagle findings, to anticipate inspector focus areas. WV MetroNews