The West Virginia Office of Miners’ Health, Safety and Training said that Mark Allen Gray, 28, a contractor for Hawkeye Contracting Company, was working at Catenary Coal’s Samples mine in Kanawha County the morning of July 28 when he missed a curve while backing up his lizard truck.

The Volvo A-30-D, which was traveling at a high speed, went over an embankment and into the pond, where the worker drowned.

Investigators noted that the machine, which had a 28-ton payload capacity, was not overloaded and that a pre-shift inspection report showed no defects on the machine. The unit’s onboard computer, or ECM, was damaged in the incident so no data could be downloaded.

However, a toxicology report from the state’s chief medical examiner found that Gray had a blood alcohol level of 0.08% and there was trace evidence of marijuana.

“One opened, empty, 12-ounce beer can was found inside the … cab by OMHST and MSHA [Mine Safety and Health Administration] inspectors after the haul truck was retrieved from the pond,” inspectors for the state office said.

“[The] foreman stated that on two previous workdays he had detected what he believed to be the odor of alcohol on Mark Allen Gray’s breath [and] security guard Joetta Bowling, who was employed by Appalachian Security, stated that she witnessed Mark Allen Gray placing unopened cans of beer in his lunch box at the start of a recent workday.”

Bowling, the agency added, did not relay the information to Hawkeye Construction management.

WVOMHST director Ron Wooten said that both the foreman, Phillip Rife, and security guard Bowling were cited individually along with the companies.

"We regard intoxication in the workplace as an imminent danger," he said.

"And anyone, whether it's a supervisor, fellow employee, security guard or anyone else who allows that individual to stay in the workplace without doing anything about it is going to be held responsible."

State investigators cited Hawkeye for violation of state regulations prohibiting individuals from carrying intoxicants onto minesites or entering mine property under the influence. The contracting company was also cited for not following safe work practices because Rife allowed Gray to continue working despite smelling alcohol.

Appalachian Security, meanwhile, was issued a violation for not taking action when the unopened beer can was seen.

Hawkeye Contracting president Mitch Potter defended his company to the Charleston Gazette, pointing out that it did not permit employees to drink on the job.

"We are a very reputable company [and] we have routine drug testing,” he said.

“When I have 300 employees, how do I keep a man from showing up drunk?"

Board of Coal Mine Health and Safety member Gary Trout told the paper the foreman could have prevented the incident.

"If that individual had done their job, we might not be sitting here looking at this fatality report," he said.

The investigation report did not outline any assessed monetary fines or amounts.