An inspector watched a worker welding 25 feet up on a platform held by a forklift, and an S&P 500 contractor had to tell the SEC about it
The disclosure runs to four sentences, and one of them is the whole story.
EMCOR Group told the SEC on Friday afternoon that the Mine Safety and Health Administration issued an imminent danger order on 28 July to MOR PPM, a wholly owned indirect subsidiary, at the Sivells Bend mine in Cooke County, Texas. According to the filing, an MSHA inspector observed a MOR PPM worker welding approximately 25 feet above ground, on a platform being lifted by an extended-boom forklift, to install stairs. The filing says there were no injuries.
Why a construction company filed a mining item
Item 1.04 of Form 8-K is titled Mine Safety. EMCOR is not a miner. It is an electrical and mechanical construction and facilities services group, classified on its own filings under Electrical Work, and it appears on this item because a subsidiary was working at a site the filing places under the Federal Mine Safety and Health Act of 1977.
The order EMCOR describes was issued under section 107(a) of that Act. The filing gives the statutory basis and the inspector's observation, and it characterises the order no further. It does not describe the order as a citation, does not state that any rule was broken, and does not name the worker or the inspector.
What the filing does not say
There is no exhibit and no press release attached to it.
EMCOR gives no estimate of cost, no statement about whether work has resumed, and no comment on the order beyond the account of what the inspector saw. The company has not been asked for comment by this publication. Nothing in the filing states that the order has been contested, abated or lifted, and nothing in it alleges any conduct by any individual.