This was the finding in the of the US Mine Safety and Health Administration’s scathing final report into the death of cutter/welder Delmer Miller, 61, who died in April while working for contractor T&B Recycling and Transport.

Miller was with a crew on April 25 dismantling an elevated conveyor structure at the surface of the non-producing McCoy Elkhorn KC No.1 operation in Mousie, Kentucky, when the structure gave way and he fell 27 feet.

“When Miller completed the final torch cut from the elevated support beam that contained a counter-weight, the structure fell and contacted the walkway (catwalk) on which Miller was standing,” MSHA investigators said, noting that the structure was downslope and 35ft above the box cut floor.

“A section of the catwalk, approximately 25ft in length, broke loose from the main structure and bent downward from the weight of the upslope structure that had been cut loose. The catwalk that Miller was standing on came to a sudden stop at 27ft in height, causing Miller to lose his balance and fall.”

The agency found that McCoy Elkhorn, owner and operator of the closed property, showed no oversight regarding the conveyor’s demolition and removal – and none of its representatives were present during the work.

Additionally, the operator did not have a set program to provide oversight of contractors working on mine property.

What MSHA found most concerning was the victim was not wearing fall protection, with his co-workers revealing none was available.

“Employees…stated they were not aware of any fall protection equipment available at the mine site,” investigators said. A search by federal officials also came up empty.

“In order to perform the task of dismantling the elevated conveyor belt structure safely, employees should have been trained and provided with a dual- lanyard system. This style of system would have ensured that miners were tied off 100% of the time.”

MSHA concluded that Miller, a 20-year skilled welder with surface mining certifications in Kentucky and West Virginia, died because policies, procedures, and controls were not in place to ensure safe demolition of the belt structure.

“Demolition of this structure required employees to work from elevated positions where fall hazards existed [and] management's lack of oversight failed to ensure that persons working from elevated positions were trained adequately and were provided with and wore all necessary safety equipment.”

Federal regulators ordered mine management and contractor T&B to modify safety and contractor oversight plans to include actions they will take to prevent future similar incidents.

T&B was issued a 104(d)(1) citation for a violation of 30 CFR Section 77.1710(g) for not providing safety belts and lines on its workers.

McCoy Elkhorn was also given a 104 (a) citation for the same violation.

“Employees were required to work from and travel the conveyor belt structure which is approximately 45 to 50 feet from the floor of the box cut, during the dismantling of the conveyor belt structure [and] these employees were exposed to the condition of having no fall protection for at least two shifts,” MSHA said.

“Management was aware of the requirement to provide such safety belts and lines.”

McCoy Elkhorn Coal’s KC No. 1 has been in non-producing status since November 17, 2010, but a regular safety and health inspection was conducted there by MSHA and was completed March 9, 2012.