UNITED STATES DISTRICT COURT

t
Di
Eas. ern strict of Kentuoky

FOR THE EASTERN DISTRICT OF KENTUCKY.

F I LIED

SOUTHERN DIVISION

JUt 1 5 2011
HILDA L. SOLIS, Secretary of Labor,
United States Department of Labor,  
Plaintiff

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AT COVINGTON
LESLIE G WHITMER
CLERK U S O!STRICT COURT

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v.  

) Civil Action No.7: ll-CV-00104-ART

CAM MINING, LLC  

Defendant  

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ORDER
(Injunctive Relief Sought)

PERMANENT INJUNCTION

1.

Jurisdiction for this matter is granted by 30 U.S.C. § 818(b). The defendant

CAM Mining LLC, owns and operates mines located in the Commonwealth of Kentucky which
produce coal for resale in interstate commerce and thus are subject to the requirements ofthe Federal
Mine Safety and Health Act of 1977 (30 U.S.c.§ 801 et seq).
2.

This matter came before this Court on June 24, 2011 upon plaintiffs

complaint and the declaration of Federal Coal Mine Inspectors Gerald W. McMasters, Anthony
Burke, and Vickie Mullins that defendant committed acts in violation of 30 U.S.C. § 813(a). On
June 17, 2011, inspectors from the Mine Safety and Health Administration attempted to inspect the
Number 28 mine operated by Defendant CAM Mining LLC. The MSHA inspectors told the
defendant's agents that no advance notice was to be given to the miners working underground about

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 the inspectors' presence.

Before the inspectors started underground, the miners working

underground were given advance notice ofthe inspection. The notice was given by means ofa mine
telephone by defendant's agents and employees. Such advance notice interfered with, hindered or
delayed the inspectors from carrying out the provisions ofthe Federal Mine Safety and Health Act.
This notice was given over an order issued under the provisions of the Act.
Pursuant to the power granted this court by 30 U.S.C. § 818(a) and Rule 65 ofthe
Federal Rules of Civil Procedure it is:

ORDERED that defendant, its agents, servants, employees, vendors, visitors, all
persons in active concert or participation with it and all other parties who receive actual notice of
this order by personal service or otherwise be enjoined from interfering with, hindering or delaying
the Secretary's inspection of the Number 28 mine by the giving advance notice to any person
working underground ofa pending inspection by the Mine Safety and Health Administration, United
States Department ofLabor. Advance notice constitutes any means of communication including, but
not limited to, the mine telephone or any other device and includes any use of signals or devices
intended to give notice of an inspection. Notice may only be given when an inspector from the
Federal Mine Safety and Health Administration specifically orders that such notice be given as an
exception to the prohibition as provided for in the Act;
It is further Ordered that defendant's agents, servants, employees and contractors at

the Number 28 mine shall be trained in the requirements ofthis Order within 30 days ofentry ofthe
Order, that notice shall be given to the District Manager for District 6, Federal Mine Safety and
Health Administration ofthe time( s) and date( s) for this training, that each person attending training
shall be given a copy ofthe Order, and that a record shall be made of those attending each training

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 session which shall be returned to said District Manager within five( 5) days following completion of
the training; and
It is further Ordered that a copy of this Order shall be posted at any place where
defendant maintains a communication device between any surface operation and the underground
workings ofthe Number 28 mine including any place where lights may be turned offand on or belts
may be shut down;
It is further Ordered that the terms of this Order shall be incorporated into the
Defendant's Emergency Response Plan, Hazard Recognition Training, and Annual Refresher
Training plans for the Number 28 mine; and
Further, the terms of this Order shall terminate three years after the entry of the
Order. Defendant is not relieved of any statutory obligation against advance notice after the three
year term of this injunction has expired. Defendant will remain under the obligation to prevent
advance notice of inspections for so long as the prohibition remains in the Federal Mine Safety and
Health Act.
Dated

at~, Kt. at _

o'clock .m., (EDT) on this the

2011.

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