Harrisburg Man Sentenced in Mine Safety Case

Office of the United States Attorney, Jan 04, 2007

Randy G. Massey, Acting United States Attorney for the Southern District of Illinois, announced that Lester Robert Erb, Jr., age 49, formerly of Harrisburg, IL, was sentenced in the United States District Court in Benton, Illinois. Erb, Jr. was sentenced to 36 months imprisonment, was fined $10,000, and was placed on 2 years supervised release.

According to evidence presented at trial, this case arose out of the April 9, 2003, death of coal miner Adam Scott and the subsequent investigation into the cause of his death. Mr. Scott was buried under 15 tons of coal after his poorly maintained, company-owned dump truck's brakes failed and the truck rolled over. Mr. Scott was thrown from the vehicle which did not have seat belts. He was pinned under the truck and the load of coal fell on top of him. A subsequent investigation by MSHA discovered numerous mechanical and other
problems with the truck including, among other things: a significant leak in the service brake air line; black electrical tape had been applied to cover a hole in the brake air line; neither the parking brake nor the service brake would hold the truck on the ramp where it was being operated; the truck floor board had deteriorated to the extent that the brake pedal was not securely fastened to the floor board; there were no seat belts in the truck; the truck was difficult to steer and to shift; and the locking mechanism on the driver*s door was missing so the door would not stay closed.

On April 11, April 17, and April 18, 2003, hearings were held by MSHA officials to help
determine the cause of the accident which resulted in Adam Scott’s death. During those hearings, Erb, Jr., made false statements to the MSHA investigators and specialists regarding material matters under their investigation, including the condition of the truck.