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Department of Labor secretary Hilda Solis said late Wednesday that the settlement agreement was a “legal victory” for the agency as well as all of Freedom Energy’s workers.

“Its powerful provisions allow MSHA to withdraw miners immediately over a broad range of hazardous conditions, and health and safety violations. More than ever, these types of actions are forcing mine operators to take a hard look at their safety practices,” she said.

The order was signed by Judge Amul Thapar of the US District Court Eastern District of Kentucky and requires Freedom to move to comply with a recovery plan to ensure miners’ health and safety as they dismantle and remove the mine’s equipment in preparation for closure.

Freedom Energy will immediately begin withdrawal procedures and will provide MSHA with timetables for the removal of mining equipment.

“The highest level management official, including the mine superintendent, must be available at the mine during each working shift to review and countersign the results of each pre-shift, on-shift and weekly examination performed by a certified mine examiner,” the agency outlined, noting that any workers idled as a result of the withdrawal order must be paid for that time up to one week and alternate equivalent work located in a 60-mile radius for periods longer than a week.

Last November, MSHA filed a motion in federal court to obtain a preliminary injunction against the Freedom Energy No. 1 operation in Pike County under Section 108(a)(2) of the Mine Safety and Health Act. That regulation provides for injunctive relief against noncompliant mine operators for habitual violations of health and safety laws.

While Massey announced plans shortly after to permanently close the operation, MSHA said it would continue to seek legal relief.

“Massey's announcement … about Freedom Energy does not render DoL's injunctive relief case moot,” an agency spokesperson said at the time.

“We will continue to seek a court order to ensure that miners who continue to work in any capacity at Freedom are safe.”

MSHA also placed Freedom No. 1 on a potential pattern of violations list November 19, targeting it and 12 other operations in seven states for stricter enforcement and improvements regarding safety performance.

“Even though Massey continues to believe the mine is safe, it has been mined for several decades and has extensive underground works that present particular challenges to maintain,” the company said last year in its closure announcement.

“As a result, Massey has decided to reassign the resources from this mine to other company facilities.”