"Maggard v. Nyrstar Tennessee Mines - Strawberry Plains, LLC et al (JRG3), No. 3:2022cv00069 - Document 72 (E.D. Tenn. 2024)" 2024

... The Immel Mine is an underground zinc-ore mine in Knox County, Tennessee, owned and operated by Nyrstar. ...

On February 22, 2021, Cody Maggard and his fellow miner, Harold Hackney, were hauling ore at the Immel Mine, using a locomotive originally manufactured by Brookville Equipment. ...

Investigators from the United States Department of Labor Mine Safety and Health Administration (“MSHA”)arrived at the mine shortly after the accident. The investigators noted that the braking system did not comply with standards set out in two Product Information Bulletins. ...

Ultimately, MSHA identified six “root causes” of the accident that were attributable to Nyrstar: (1) failure to properly maintain the locomotive’s braking system; (2) a lack of procedures and derail devices to prevent locomotives from traveling into the chute;(3) absence of warning signs or lights to alert miners about the low clearance of the chute;(4) failure to conduct proper examinations of the locomotive;(5) failure to properly maintain the tracks; and (6) failure to identify hazardous track conditions or locomotive deficiencies during workplace examinations.