News and Press Releases

Mining Company Foreman Sentenced To Probation For Failing To Conduct Required Safety Exam

July 6, 2010

PITTSBURGH, Pa. ‑ Acting United States Attorney Robert S. Cessar announced today, July 6, 2010, that John Capo, a resident of Washington, Pennsylvania, has been sentenced in federal court in Pittsburgh to one year probation on his conviction of violating federal mine safety standards.

United States District Judge David S. Cercone imposed the sentence on Capo, age 58.

According to information presented to the court by Assistant United States Attorney Stephen R. Kaufman, on or about November 13, 2006, near Bobtown, Greene County, Pennsylvania, within the Western District of Pennsylvania, John Capo, in his capacity as Section Foreman, knowingly violated a mandatory safety standard by failing to conduct a pre‑shift safety examination at Dana Mining Company of PA, Inc.'s 4 West Mine, as required by 30 C.F.R. '75.360(a)(1).

Mr. Cessar commended the Mine Safety and Health Administration for the investigation leading to the successful prosecution of John Capo.

Mine Safety and Health Administration Assistant Secretary Joseph A. Main stated, "Preshift examinations are required to check workplaces for hazards that may harm or kill miners before they enter the mine.  Those who ignore these critical safety laws and place miners at risk must be held accountable."

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