LONDON, KY - A Vicco, Ky., man is accused of certifying mine safety records as an unqualified mine foreman.
Timothy Allen Hurd, 32, was indicted today by a London grand jury on nine counts of false certifications.
According to the Indictment, Hurd pretended to be a mine foreman but was never certified by the Kentucky Office of Mine Safety and Licensing.
Mine foremen are responsible for inspecting the mine for potentially hazardous conditions before miners enter the mine. They are also obligated to document their observations in the Preshift-Mine Examiner’s Report safety book. Only approved mine personnel are qualified to examine the mine, make entries and sign the safety book.
On nine occasions between November of 2010 and January of 2011, Hurd allegedly signed and certified safety records when he was not a qualified mine foreman.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky and Joseph A. Main, Assistant Secretary of Labor for the Department of Labor, Mine Safety and Health Administration, jointly announced the indictment today.
The investigation was conducted by MSHA. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Patrick H. Molloy.
A date for the defendant to appear in Federal court has not yet been set. If convicted, Hurd faces a fine of up to $250,000 or a maximum prison sentence of five years. However, any sentence imposed by the court following a conviction would come after the court consideres the U.S. Sentencing Guidelines and the federal statute governing the imposition of sentences.