McCraren Compliance

Federal judge orders Colorado mining company to ban owner from worksite until he completes required safety training

Duckels Construction Inc. owner posed safety hazards, injured employee

Employers:      Duckels Construction Inc., Fred Duckels, owner

Actions:           U.S. Mine Safety and Health Act consent order and judgment

Court:               U.S. District Court of Colorado

Investigation findings: On Oct. 13, 2023, Judge John L. Kane entered an agreed consent order and judgment requiring Duckels Construction Inc. to prevent owner Fred Duckels from entering the mining site permanently until he completes and provides proof of mandatory safety training. After an investigation by the Department of Labor’s Mine Safety and Health Administration, the mine owner was ordered to stay away from the Steamboat Springs mining site after MSHA learned he had failed to comply with mandatory safety training. Despite the order, Duckels continued to work at the mine and was involved in several near misses and reportedly injured a worker with an excavator.

Quote: “Miners already face many life-threatening hazards in addition to operators refusing to comply with federal requirements,” said Regional Solicitor John Rainwater in Denver. “The U.S. Department of Labor will continue to hold operators accountable and ensure that all federal safety requirements — including completing required training — are met.”

U.S. Department of Labor v. Duckels Construction Inc., Fred Duckels 

Case number 1:23-cv-02248


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Original article published by MSHA

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