According to the Associated Press, the decision to issue the warning last Thursday to the Stillhouse Mine No. 1 in Harlan County followed a review of the operation’s history over two years.

US Mine Safety and Health Administration district manager Irvin Hooker outlined in a letter to the mine that an S&S (significant and substantial) average of 9.6 per 100 inspection hours was calculated for the two years leading up to March 31, 2008.

In order to rectify the issue, Stillhouse must reduce the average to 6.73 per 100 inspection hours and submit a written plan for safety improvements, the news service said.

A request for more information from MSHA was not returned by press time.

According to agency statistics, No. 1 and its sister mine No. 2, also in Harlan County, are currently controlled by Richard Gilliam of Virginia. Arch of Kentucky controlled the two from 1992 to 1999.

In March 2006, the operator was fined $US360,000 by MSHA for safety violations that contributed to the deaths of two workers in August 2005.

A section foreman and scoop operator were fatally injured in a roof fall that led to citations for three failures to comply with its approved roof control plan: inadequate roof support or control in an area where miners worked or travelled; a failure to correct known hazardous conditions or post a warning of such conditions; and a failure to provide the scoop operator with mobile roof support task training.

“MSHA found that the operator was highly negligent for two of the three roof control plan violations and for the training violation," it said at the time.

“The agency determined the company's reckless disregard resulted in the third roof control plan violation.”