HAZARD -A federal grand jury indicted three Harlan County mine supervisors Wednesday for intentionally stopping a mine's main fan for hours while miners continued to work.

The main fan is crucial because it sweeps out dangerous dusts and gases that can build up when miners are cutting coal.

The indictment, returned by a federal grand jury in London, charges Ira Sergent, 56, of Cumberland; Johnny Osborne, 51, of Evarts; and Reggie Raleigh, 37, of Bledsoe, with two counts each of violating the federal Mine Safety Act.

The charges against the three section foremen stem from a surprise inspection of Stillhouse Mining's No. 1 mine near Cumberland in Harlan County on Dec. 3, 2006.

On that day, Mine Safety and Health Administration inspectors, who were responding to an anonymous tip, said they discovered the mine's main fan had been stopped for about six hours while eight miners continued to work miles underground. .

"This was an intentional and flagrant violation that very likely could result in a methane explosion," inspector William Clark wrote at the time of the inspection.

The indictment alleges that Sergent, Osborne and Raleigh also violated the law because they did not shut off power and mechanical equipment in the effected areas of the mine, nor did they take the miners out during the change.

The three could not be reached for comment Wednesday.
An arraignment date has not been set.

If convicted on both counts, each faces a maximum prison sentence of five years and a fine of up to $250,000.

Stillhouse is owned by Black Mountain Resources, a division of Cumberland Resources. The Stillhouse No. 1 mine has been in operation since 1999.

Officials with Black Mountain Resources declined to comment.
The surprise inspection resulting in Wednesday's indictment came 16 months to the day after two miners at the Stillhouse No. 1 mine were crushed to death when the mine of the roof fell in during retreat mining.

MSHA concluded was the result of Stillhouse's "high negligence" and "reckless disregard" for the law.

Tony Oppegard, a Lexington-based mine-safety attorney and former federal and state mining official, said the roof fall and, months later, the turning off of the mine fan "shows the outlaw nature of that operation."
"Intentionally exposing miners to unsafe working conditions is completely unacceptable and should result in indictments," Oppegard said. "Miners have a dangerous enough job as it is."