Attorney General Linda Kelly’s office confirmed for ILN Wednesday that the agency’s environmental crimes section had arrested Donald Forman, 55, after miners alleged he was falsifying safety inspection reports at Consol Energy’s Bailey Mine Expansion project in Greene County.
Kelly received a referral from the Pennsylvania Department of Environmental Protection, which was the basis of the criminal investigation.
Forman is accused of improperly marking sections of the mine to indicate inspection within a mandated time period, thereby fabricating information that others rely upon for safe operations.
“A review of records revealed that Forman allegedly falsified inspection reports approximately 178 times between May 2010 and August 2010, potentially jeopardizing the lives and safety of all the miners who entered the mine during those periods,” she said.
The worker has also been charged with falsely claiming to be a certified bituminous coal mine foreman, and the state alleges that Forman used a forged state certificate to support his claim.
“DEP regulations require proper state certification for mine foremen, who oversee the inside workings of a mine and individuals who enter a mine,” Kelly noted.
In all, Forman is charged with two third-degree felony counts of tampering with public records. Each is punishable by up to seven years in prison and $US15,000 in fines.
He is also charged with one count of recklessly endangering another person as well as two counts of unsworn falsifications to authorities. All of these are classified as second-degree misdemeanors and are punishable by up to two years in prison and fines of $5000.
Finally, Forman is charged with one ungraded misdemeanor count of unlawful conduct under the state’s Bituminous Coal Mine Safety Act. If found guilty he could receive up to three months in prison and a $200 fine.
The charges have been filed before Waynesburg magisterial district judge Louis Dayich, after which Forman was preliminarily arraigned and released on unsecured bail of $10,000.
His preliminary hearing is set for July 7.
A US Mine Safety and Health Administration spokesperson told ILN it could not comment on the case, and Consol Energy officials did not respond to a request for comment.
