FLOYD COUNTY, Ky. — A Harlan County, Ky. man will spend time in prison for lying about fake coal dust samples sent to federal regulators.
The U.S. Attorney's Office for the Eastern District of Kentucky said a court sentenced Walter Perkins, a certified dust examiner, and Black Diamond Coal Company, LLC for violating Mine Safety and Health Administration regulations that require accurate coal-dust sampling in underground coal mines. The MSHA said Black Diamond submitted false samples, and Perkins lied to MSHA special investigators about it.
The samples are supposed to be used to test levels of breathable coal dust in mines to prevent miners from developing pneumoconiosis, or "black lung" disease. The disease leads to lung failure and death.
Federal investigators said Black Diamond Coal sent dust-sampling results on Oct. 6 and 7, 2020, to the MSHA for its required quarterly sampling. Investigators said the results from the tests were "abnormally low," so they followed up with the MSHA Barbourville District Office to send inspectors and investigators to Black Diamond Number 1 mine in Floyd County.
Inspectors said they found the company's continuous personal dust monitor running on the surface in a first aid trailer, which is supposed to be worn by a miner underground during their normal shift to accurately sample coal dust underground.
"A forensic analysis of the CPDM confirmed that it had not moved in days, despite Black Diamond submitting dust samples claiming it was conducting its required sampling underground, in accordance with MSHA’s mandatory health and safety regulations," federal investigators said.
According to court documents, Perkins was employed by Black Diamond and was certified as a dust-examiner. When confronted about the equipment in the first aid trailer, Perkins claimed he had given it to a miner operator who later returned it because it stopped working. Investigators said this was a lie, saying Perkins later admitted that he never gave the monitoring equipment to the miner operator and that the device was working properly.
“Enforcement of mandatory health standards is a top priority for me and this Administration,” said Assistant Secretary for Mine Safety and Health Chris Williamson. “The Mine Safety and Health Administration can only protect miners from the risk of developing black lung disease if it has accurate sampling results. Given the troubling spike in black lung cases in Appalachia, we must hold accountable those who choose not to comply with the law and put miners’ health and lives at risk.”
The U.S. Attorney's Office said Black Diamond was sentenced to pay a fine of $200,000 and two years probation. It was also ordered to pay $400 to any miner who is no longer employed in the mining industry to pay for black lung screenings.
"This restitution for miners exposed to unknown respirable dust levels, after a company falsified the dust-sampling, is the first of its kind," the U.S. Attorney's Office said.
Perkins, 45, was sentenced to a 12-month split sentence, with six of those months to be served in prison and the other six to be served in home detention. He will be placed on one year of supervised release following his sentence.
“The purpose of these safety regulations is to prevent a progressive and irreversible disease,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “If employers falsify the dust sampling, not only are they are violating the law they are dramatically reducing the safety of their employees. That is simply unacceptable, and compelled us to prosecute this case.”