Kenneth Fleming
Virgie, KY 41572
Day Phone: 606-***-****
Email: *********@*******.***
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Country of citizenship: United States of America
Veterans' Preference: No
Registered for Selective
Service
Desired Work Mission Focused
Environment
Experienced Professionals
Reference Type: Personal Mine Safety and Health Administration
Coal Mine Health and Safety Inspector
Inspector/Accident Investigator/Health and Safety Specialist/Mine Disaster Family
Liaison
Broad background with more than 10 years of experience in mine managing. A
unique combination of mining experience in production and instructing miners in
the safe way of working in today’s mining conditions with the strict regulations
that are constantly being brought into the industry. A persuasive individual
possessing strong negotiating skills, oral and written communication skills, as
well as telecommunication skills. A history of successfully defending the basic
and complex structures of citation and order writing techniques. A distinct
knowledge of rulings based on the Federal Mine Safety and Health Review
Commission (FMSHRC)/Administrative Law Judge (ALJ) court decisions.
Aggressively promotes workplace safety by speaking on the same level as the
common worker while in their environment. An uncanny ability to convince those
encountered in gaining the same safety goals as his own and makes himself
available for questioning to all of those interested. Demonstrated experience in
managing outside counsel during interviews of witnesses to accidents in litigation
matters during several investigations. Resourceful with the ability to asses all
issues to adequately protect the personal interest of those who seek his
guidance. Completes projects and inspections in a timely manner producing
professional results while adhering to rigid guidelines. Familiarizes himself with
the following organizations and their goals:
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION/LITIGATION
PROCEDURES/COURT ROOM PROCEDURES/
MSHA’s PROGRAMS, POLICYS, AND
PROCEDURES/ASSESSMENTS/OFFICE OF SOLICITOR/TECHNICAL
DIVISION/MSHA’s GUIDELINES FOR CITATION ORDER WRITING/TITLE 30,
CODE OF FEDERAL REGULATIONS
Education
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National Mine Health and Safety Academy 2007
Beaver, West Virginia
Nashville Auto Diesel College 1993
Nashville, Tennessee
Shelby Valley High School 1992
ADDITIONAL Pikeville, Kentucky
INFORMATION
Certifications
For MSHA/Kentucky only
Mine Emergency Technician (MET)
Underground Mine Foreman
Surface Mine Foreman
Surface Mine Instructor
Electrician
Underground Mine Instructor
Drill Operator Solid Blasting
Conventional Shot Firer
Shot Firer Solid Blasting
First Aid
Noise/Dust Sampling
Noise/Dust Calibration
Unlimited Mine Instructor
Impoundment Inspector
PROFESSIONAL EXPERIENCE
Mine Safety and Health Administration/MSHA
Family Liaison to the UBB families during the week of April 5th.
Participated in the investigation into the Upper Big Branch Mine South disaster
and performed the first two E01 inspections following the explosion.
TECHNICAL COMPETENCIES
PC, Windows, Microsoft Word, Excel, PowerPoint, Outlook, Access, HTML
Programming, All basic software including word processing, Internet,
presentation, e mail, and research programs.
Supplemental Statement Kenneth Fleming
1. KNOWLEDGE OF MINING PRACTICES, PROCESS, METHODS, AND
EQUIPMENT:
Description #1: From January 1993 to January 1994, I was employed as a
Rodman for a transit crew with Mine Management Consultants, Inc. (MMC, INC.)
where I first learned of the broad range of mining methods. As a Rodman for this
transit crew we traveled to many different mines (deep mines, high coal, low coal,
conventional sections, bridge sections, miner sections, surface mines, etc.). I
also learned about the upkeep of mine maps (position of man doors per height of
coal, location of brattice lines, primary and secondary escapeways, etc.). I
usually worked 60+ hours a week. It was here that the ground work of my
expansive knowledge of mines and mine practices, process, methods, and
equipment was laid. I gained a broad knowledge and understanding of all types
of coal mines.
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Description #2: From January 1994 to January 1995, I worked as a 482 S&S
Scoop operator for Nick’s Coal Company, Inc. where I gained experience on a
conventional section. My job was to haul coal from the working face to the feeder.
This shift made all belt moves and power moves, built brattices, maintained
charging facilities, stocked supplies underground (powder, caps, dummies, etc.).
This mine was on the average of 2500 feet deep with five belt drives underground
and was anywhere from 30" to 36" high. I worked about 50 hours a week at this
mine.
Description #3: From January 1995 to January 1998, I worked at Kiah Creek
Mining as a Double head Fletcher roof bolt operator. This mine produced coal
with a 14 10 Joy Miner and hauled its coal with size 21 shuttle cars. This mine
was approximately 5,000+ feet deep, with between 6 8 belt drives underground.
My hours were 60+ a week. This mine had a deep cut plan of 30 feet. I would
bolt 12 14 of these cuts every day. At times, when there was no bolting to be
done, I would run a third size 21 shuttle car to help production. During my
employment here as a roof bolt operator, I experienced different strata of roof
types. Our roof control plan called for 60 inch fully grouted roof bolts on 48"
centers with 6" x 6" plates. Our average coal height was 48".
Description #4: From January 1998 to January 2002, I was employed as a
section supervisor (boss) for Torie Mining, Inc. Here I gained more experience
with a conventional cutter section, a 16 RB Joy cutter, Long Airdox mobile coal
drill, single head Galis 300 style roof bolter, 482 S&S scoops to haul the coal to
the belt feeder and loaded coal trucks on the surface with a 175C Michigan
loader. Our coal height here was 36" to 48" high. The depth of this mine was
around 5,000 feet with 8 10 drives underground. I worked anywhere from 60 to
70 hours per week.
Description #5: From January 2002 to January 2004, I was employed by Black
Energy Coal, Inc. as mine superintendent where I gained knowledge of a miner
section. We produced coal with a 14 10 Joy miner, hauled coal with size 21
shuttle cars, bolted roof with a double head Fletcher roof bolter, hauled supplies
and did clean up with a 482 S&S scoop, and loaded coal trucks with a John
Deere loader. The coal height was 30" to 48", and the depth of the mine was
2500 feet with 2 drives underground. My hours worked here were 70+ a week.
Description #6: From January 2004 to February 2005, I was employed by
Mountain Edge Mining as chief electrician where I have gained experience
repairing on a 12 7 Joy miner, 14 9 Joy miner, size 10 shuttle cars, double head
Lee Norris roof bolters, 488 S&S scoops, Stamler feeders, Long Airdox coal drill,
Long Airdox belt drives and starter boxes, Joy, Line Power type receptacles, and
982 Caterpillar loader. This mine had a coal height of 96" and a depth of about
500 ft. 1000 ft.
Description #7: From February 2005 to June 2012 I have been employed with the
Mine Safety and Health Administration. The first year of my employment I
attended classes at the National Mine Academy for 3 weeks a quarter while
training under various inspectors. After receiving my AR (Authorized
Representative) card, I was assigned inspection work at 3 different mines. My
experience with MSHA has caused me to reach the panicle mining experience,
for which I am grateful. My employment up to this point has been random
because of my locality. With MSHA, I gained experience inspecting multiple
surface mines, impoundments, reclamation sites, preparation plants, thermal
dryers, different types of haulage equipment and all types of surface activities. I
have also traveled with our technical division on inspections of various mine
roofs, electrical substations, and monitored the fragile art of ventilation. I have
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performed Safety and Health Conferences on behalf of the Conference Litigation
Representatives (CLR) and determined whether the citations in question were
evaluated properly by the issuing inspector. This has been by far the most
rewarding and satisfying job of any I have ever had. I love the time I get to spend
with my family since I’m only required to work a 40 hour week.
Description #8: From June 2012 to present I have been employed by Redhawk
Mining LLC. My position here has been a Safety Director where I have juggled
multiple occupations. My first priority is that of complying with both state and
federal guidelines training 150 miners correctly and on time. I’ve also ensured
compliance with all approved plans and travel with every mine examiner to
ensure they are performing according to regulations. I implemented the
companies first mine rescue team and aid in maintaining their station and training
as well. Since working for Redhawk I constantly maintain dosimeters and perform
yearly tests. I over see the running of dust pumps and their maintenance checks.
2. ABILITY TO RECOGNIZE, EVALUATE, AND RESOLVE MINE SAFETY AND
HEALTH PROGRAMS AND HAZARDOUS CONDITIONS BY APPLYING
APPLICABLE MINE SAFETY AND HEALTH LAWS, REGULATIONS AND
POLICIES:
Description #1: During my employment at MMC, INC. (described above), I aided
in the projection of deep mines around gas wells, both active and inactive,
through shallow overburden, stacking of pillars for mines that need it, location of
old works, abandoned areas, auger works or areas that may be inundated with
water and other potential hazards.
Description #2: During my employment at Nick’s Coal Company (described
above), I understood the dangers of going in by roof support with a scoop and
blind spots, the importance of brakes on a mobile piece of equipment, lights, park
brakes, panic bars, and methane monitors. If I encountered any of these
problems, I was assured my mine foreman would have them corrected.
Description #3: During my employment at Kiah Creek Mining (described above), I
understood the importance of complying with our roof control plan. If I
encountered any adverse roof conditions, I would take the proper action (for
example, longer bolts, replacement of bolts, straps, beams, and collars, cribs and
timbers). In addition, it was one of my job duties to ensure that test holes were
drilled at the correct spacing and that methane levels were monitored at 20
minute intervals.
Description #4: During my employment at Torie Mining (described above), my
ability to recognize, evaluate, and correct hazardous conditions was elevated
because of my job responsibilities as a section supervisor. Being responsible for
the lives of 15 men was my highest motivation and priority. If any dangerous
conditions presented themselves during a pre shift or on shift examination it was
recorded and action was taken. For example, reflective material at the last row of
bolts was placed and levels of oxygen and methane were closely monitored in
strategic places, etc.
Description #5: During my employment at Black Energy Coal, Inc. (described
above), any and all dangerous conditions found were corrected immediately. For
example, dirty and blackened belt lines were shoveled and dusted during
production since there were no idle shifts. All curtains were maintained by a
ventilation man ensuring a sufficient amount of air in the last open cross cut and
faces. All equipment was maintained to the best of my ability in a permissible
condition, as I was the only electrician and foreman. Anything less was
unacceptable. If I became aware of an opening in a panel board, I tightened it up.
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If I found roof bolts were not long enough, I oversaw the installation of longer
bolts. I also conducted 15 minute safety meetings, from MSDS (Mine Safety Data
Sheets) to basic mine plans, on a weekly basis.
Description #6: During my employment with Mountain Edge Mining (described
above), my weekly and unscheduled examinations of equipment have helped me
to recognize potential problems that could occur if equipment is not maintained
on a regular basis. Checking of ground faults, open pilots, grounding resisters,
rotating discs in substation, checking of emergency stop buttons on underground
transformer boxes, calibration of methane monitors, and all electrical
examinations are vital to the safety of all persons working in and around a mine
site.
Description #7: During my employment with MSHA I have vigorously pursued
operators to comply with the rules and regulations set forth in the 30 CFR. While
trying to meet this, often times seemingly impossible goal, I have always
encouraged compliance by offering training and having daily safety talks with
employees who ultimately make the decision to comply or take a chance.
Description #8: During my employment with Redhawk I have held weekly safety
meetings training miners on various issues from plan changes to their rights
under the Mine Act. I highly encourage the employees to discuss with myself any
unsafe condition or practice that they may encounter so I can correct them ASAP.
I have designed multiple programs that the company has implemented which
coincide with applicable regulations.
3. ABILITY TO INDEPENDENTLY PLAN AND ORGANIZE WORK:
Description #1: During my employment with Torie Mining, Inc. as a section
supervisor, I organized safety meetings and determined safety was of the highest
priority. I would direct 15+ men in the production and maintenance of a
conventional section (for example, the changing of scoop batteries, when and
where to fill the underground powder magazine, etc.). Being the only boss at this
mine I monitored roof, ribs, floor, oxygen, methane, air velocity, and overall
conditions of the entire mine.
Description #2: During my employment with Black Energy Coal, Inc., I single
handedly took on the challenge of being the only superintendent, mine foreman,
section supervisor, electrician, mine emergency technician (MET), person to run
dust pumps, and to a lot of men, counselor and mentor. I independently planned
and organized all works throughout the mine from shoveling and dusting out by
areas, to maintaining equipment in a productive manner. My priorities here were
safety first, maintenance second, production last. I accepted complete
responsibility for my actions and the men’s safety. All production and
maintenance work was under my direction. I constantly monitored all aspects of
safety concerning the men, be it roof control or brakes on equipment. Nothing
slipped by me.
Description #3: During my employment with Mountain Edge Mining, I
independently decided when to service equipment at my own discretion. For
example, if bolting is caught up, I service the roof bolter. If the foreman is making
a belt splice, I serviced the feeder. If the miner is waiting on the pinner, I would
service and do repair on the miner. Any and all electrical work is to me high
priority. All men at this mine depended on me to ensure their safety in and
around the electrical equipment. Again, I monitored all equipment on a daily
basis.
Description #4: During my employment with MSHA, I have capitalized on this
ability. Not only are the inspections due on a certain date, but planning each
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inspection so that each operator will benefit from a complete and thorough
inspection is a must if I wanted to go home each day knowing that I did all I could
do to help make the miners work environment a safer place. While being
assigned a mine list each quarter, I am also called on to work accident
investigations which I cannot let interfere with my regular inspection activities. So
this became pretty challenging at times but I have always managed to complete
all inspections in a timely manner.
Description #5: During my employment with Redhawk I have independently
planned and organized all training activities, multiple plans and an array of
scheduled events. I regularly help to accommodate state and federal regulators
in their inspection activities and one told me the other day, “you have absolutely
made our inspections a lot easier,” speaking of how tedious and organized I keep
my records.
4. ABILITY TO COMMUNICATE ORALLY AT ALL LEVELS, INDEPENDENTLY
OR AS A TEAM LEADER:
Description #1: During my employment with Torie Mining, Inc., I would hold
weekly safety meetings with all employees. I allowed the men to decide what
topic would be discussed and you would be surprised at how little they knew
about basic mine practices. For example, bolter men didn’t know how many
pounds a roof bolt should be torque; cutter and drill operators didn’t know how
many CFM’s should be behind the line curtain. We regularly discussed these and
all topics regarding safety measures until everyone was up to speed.
Description #2: During my employment with Black Energy Coal, Inc., I would also
hold weekly safety meetings in such a way that everyone participated in each
discussion. Not only did we discuss mine safety and laws, but we also had safety
contests. For example, an individual would be blindfolded in the office and given
an SCSR (self contained self rescuer) and instructed to don this device in as little
amount of time as possible while beneath a table (to replicate our mining
conditions). The person who achieved the quickest time would receive two extra
hours of pay. Another example is in the summer we would build a fire of wood
and paper (outside, of course) and the men would be given a fire extinguisher.
The person to extinguish the fire in the fastest time would be merited an extra two
hours pay.
Description #3: During my employment with Mountain Edge Mining, it has been
part of my job duties to clearly communicate to the owners exactly what supplies
needed to be ordered in order to maintain the equipment in a permissible
fashion. Also, it was imperative that I communicate clearly to the supervisor on a
regular basis the condition of all the mine equipment and electrical installations.
Description #4: During my employment with MSHA, I have found good
communication skills a must. I’m not a salesman; I don’t speak over anyone’s
head. The best form of communication is at “eye level” with all people who
deserve respect. I have never belittled anyone, even in some pretty heated
discussions, and I have always kept my cool and spoke with courtesy. I am
comfortable speaking with small groups as well as large ones even on a short
notice. One of my “mottos” as an inspector is to behave fairly, friendly, but firmly.
Description #5: During my employment with Redhawk, I am constantly speaking
to large crowds of miners. From safety meetings to training activities, I’m
constantly being called upon to speak. I have participated in company meetings
where I was asked to design power point presentations as a catapult to instruct
the listeners on what the meeting was trying to accomplish.
5. ABILITY TO COMMUNICATE TECHNICAL INFORMATION IN WRITING:
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Description #1: During my employment at Torie Mining, Inc., it was my
responsibility to correctly fill out the pre shift/on shift examination book, belt
examination book, fan examination book, escapeways and smokers’ articles
search book, and return and abandoned areas book. In each of these books, a
detailed explanation of every area’s condition would be recorded.
Description #2: During my employment with Black Energy Coal, Inc., it was my
responsibility to correctly fill out the daily time sheets, production reports, down
time reports, accidents (if any), electrical books (both surface and underground),
dust cards (when dust pumps were run), task training forms, hazard training
forms (5000 23), as well as all the books mentioned above in Description #1.
Description #3: During my employment with Mountain Edge Mining, it was my
responsibility to correctly complete the electrical books, surface and
underground. These and all books were made available to the employees of the
mine so it is very important that I was precise in all of my record keeping.
Description #4: During my employment with MSHA, communicating technical
information in writing is crucial in every form of writing. Everything we say or do,
relevant to mining must be in writing. This documentation is important for
conference litigation or future court attendances.
Description #5: During my employment with Redhawk, I have been constantly
called upon to produce excel spreadsheets, fill able pdf forms, word documents
and power points that aid in upper management in understanding the delicate
balance of maintaining compliance within the industry. Sometimes I would be
asked to use pictures of our company’s operations to help aid investors in
understanding how our operation was being run. I also aid our engineering
department in plan approvals.
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