Published: May 8, 2020 |

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D&H Mining, a Grundy-based coal company, its owner and a foreman pleaded guilty Tuesday in U.S. District Court in Abingdon to conspiring to defraud the United States by cheating on underground coal mine dust sampling procedures.

Those procedures fall under the federal Mine Safety and Health Act, according to an announcement by U.S. Attorney Thomas T. Cullen and Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA) David G. Zatezalo.

“Coal mining, by its nature, is a hazardous occupation, and federal health and safety laws play a critical role in reducing the dangers miners face on a daily basis,” Cullen said in a news release. “We will continue to work closely with MSHA to ensure that mine owners and operators play by these important rules, and, when they don’t, hold them accountable under federal law.”

D&H pleaded guilty to one felony count of conspiracy to defraud the United States for the dust sampling fraud. It also pleaded guilty to a misdemeanor violation of the Mine Act for willfully allowing miners to conduct roof-bolting in return air in violation of the mine’s MSHA-approved ventilation plan, the release states.

Daniel Tucker, owner of D&H Mining, and Gerald Ball, a foreman, also pleaded guilty to one felony count of conspiracy to commit dust sampling fraud.

According to court documents, Tucker and Ball conspired to defraud MSHA by taking personal dust monitors off miners before the end of the shift and hanging them in clean air, programming the monitors to shut off before the end of a shift and submitting false reports to MSHA.

Pursuant to the terms of his plea agreement, Tucker will pay $80,000 as a criminal fine within 60 days of his plea.

D&H Mining, Tucker and Ball will be sentenced Aug. 11.

Source: Bristol Herald Courier

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