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MSHA report blames fatal accident on Asarco management policies; Asarco says report has factual errors

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On Jan. 27, ASARCO LLC criticized a report by the US Mine Safety and Health Administration (MSHA) for containing factual errors that, in turn, produced an invalid cause analysis and citations against the Company. The report addressed a tragic accident at ASARCO's Ray Mine on Sept. 27, 2009, in which a haul truck driver lost his life when his truck rolled into a safety berm and overturned.

"First let me say that ASARCO cares deeply about the safety and health of its workforce," said Manuel E. Ramos, President and Chief Executive Officer of ASARCO. "Our deepest sympathies go with the family of our co-worker and friend. Our primary goal is to ensure that every employee returns safely home at the end of the day."

The MSHA report, dated Jan. 19, 2010, concluded that the accident occurred because the driver did not maintain control of the truck, and "failure of the driver to wear the provided seat belt contributed to the severity of his injuries."

According to the report, MSHA's investigation found no defect in the truck itself, nor in the functioning of the driver's seat belt, nor in the road conditions or the weather at the time of the accident. The report, however, erroneously concluded that "ASARCO Management policies, procedures, and controls did not ensure the truck driver wore his seat belt when operating the haul truck."

"The factual evidence does not support MSHA's conclusion," stated Kim Bradshaw, ASARCO Corporate Safety Manager. "ASARCO produced substantial evidence to investigators that it has a clear policy mandating the wearing of seat belts at all times by all employees, contractors and visitors, when operating any and all vehicles on the mine site," Bradshaw said. "This seat belt policy is prominently featured in bold lettering on billboard signage at key locations around the mine, and is emphasized in daily safety meetings and other regularly conducted safety training courses," he added. "There is no way to know in this case whether the driver was wearing his seat belt," Bradshaw continued. "No evidence exists one way or the other, and the report is silent on this issue," he concluded.

ASARCO is an integrated copper mining, smelting and refining company with approximately 2500 employees. The Company operates a smelter, three mines, associated mills and solvent extraction-electrowinning plants in Arizona, and a refinery complex in Texas, which includes plants that produce copper rod and cake, precious metals and by-products. For more information, visit http://www.asarco.com.



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