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Case 1:20-bk-12043 Doc 621 Filed 02/24/21 Entered 02/24/21 14:52:42 Desc Main <br /> Document Page 15 of 40 <br /> 10. On February 20, 2018, the plaintiff Kenneth Cale, an employee of CAM Mining LLC located <br /> at 265 Hambley Blvd, Pikeville, KY, was operating a Caterpillar 993K loader. On this clay, <br /> outside air temperatures reached 81 degrees, and the 993K loader, unit number 1-451, had a <br /> non-functioning air conditioner. This combination of outside temperature and inoperative <br /> air conditioner led to a heat stress condition in the cab of the loader. Additionally, there <br /> was a lack of potable water available to employees on site. After the incident, physicians <br /> diagnosed Cole with heat stroke. <br /> 11. Cole was injured when he was unnecessarily and unreasonably exposed to the excessive <br /> heat in the cab of the loader created by the outside temperature and a non-functioning air <br /> conditioner on the 993K loader(Unit number L-454), and was further exacerbated by lack of <br /> potable drinking water on the work site. This combination of hazard and exposure created <br /> an unsafe and unreasonably dangerous working condition which presented a high degree of <br /> risk and strong probability of serious injury or death, and was the cause of injury to Cole. <br /> 12. Mine Safety and Health Administration 30 CFR s 57.15006- Protective e ui meat and <br /> clothing fc; hazards and irritants state -- <br /> s 'Special protect,ve equipment and special protective <br /> clothing shall be Provide" maintained in a sanitary and reliable condition and used <br /> whenever hazards of process or environment, chemical hazards, ra "'mechanical irritants are encountered in a manlier capable of causing injury Of impairment." <br /> On information and belief, CAM Mining LLC failure to comply with this federal standard and <br /> its failure to maintain the air conditioner on the 993K Loader(Unit number L-454) in a <br /> reliable condition, denied Cole the protections afforded by this equipment and presented a <br /> high degree of risk and strong probability of serious injury or death, and was the cause of <br /> injury to Cole. <br /> 13. Mine Safety and Health Administration 30 CFR §57.20002 - Potablele�h t r adequate supply water states that ',An <br /> - pp Y of potable drinking water shall be provided at all active working areas."On <br /> information and belief, CAM Mining LLC failed to provide water in sufficient quantities to <br /> ensure safe working conditions for its employees. This failure to provide water, which <br /> presented a high degree of risk and strong probability of serious injury or death, and was <br /> the cause of injury to Cole. <br /> 14, CAM Mining LLC had in place an Equipment Operator's Pre-Shift Safety Checklist in which <br /> equipment operators, like Cole, noted equipment defects. On the morning of February 20, <br /> 2018, the day of Coles' injury, a check list for loader L-454 was completed and "NO AC" was <br /> annotated on the form. Prior to February 20, 2018, a non-working air conditioner on the <br /> 993K loader(Unit Number L-454) was reported to maintenance and management personnel <br /> of CAM Mining LLC, verbally numerous times. On information and belief, CAM Mining LLC <br /> knew, or should have known, of the non-functioning air conditioning unit on Loader L-454, <br /> and CAM Mining LLCs' failure to remove Loader L-454 from service or repair the air <br /> conditioner led to a dangerous working condition, which presented a high degree of risk and <br /> strong probability of serious injury or death, and was the cause of injury to Cole. <br />