The agency said late Thursday that the US District Court for the Eastern District of Kentucky, Southern Division, granted a temporary restraining order against CAM Mining of Pike County barring the operator from providing any form of advance communications to underground crews.

The order also prevents the mine from violating, failing or refusing to comply with any order or decision issued under the outlines of the Federal Mine Safety and Health Act of 1977, or Mine Act.

CAM Mining also cannot interfere with, delay or hinder a federal inspection by providing pre-notice.

MSHA said it took action following a June 17 attempt to inspect the company’s Mine No. 28 in Pike County. Inspectors were called to the mine after an individual complained about second-shift miners smoking underground.

While federal officials notified the operator that it could not provide advance notification of the agency’s presence, the inspection team learned that a mine foreman had been notified and given sufficient opportunity to hide any smoking materials.

“The presence and use of smoking materials provides an ignition source which can cause explosions in underground coal mines, so determining whether smoking materials were present and in use at this mine is critical to the safety of the miners,” MSHA said.

“Because of the advance notice, inspectors could not determine whether miners had any smoking materials or were smoking underground."

Section 108 of the Mine Act provides for injunctive relief against non-compliant operators which interfere with, delay or hinder inspections by communicating advance notice to underground workers of the presence of federal officials.

“Unannounced inspections are a key part of MSHA’s effort to identify unsafe and unhealthy conditions, and mine operators who interfere with federal inspectors in their attempts to inspect mines threaten the safety and health of miners,” assistant secretary of labor for mine safety and health Joseph Main said.

“We will continue to use every available tool to ensure that miners return home at the end of their shifts.”