Several times earlier this week, West Virginia Gov. Joe Manchin made it clear that he would order the state’s investigation into the disaster at Massey Energy’s Upper Big Branch Mine to include a public hearing.
But yesterday, in an interview with Gazette staff writer Gary Harki, Manchin seemed to waver, telling Gary, “I don’t know” if he would follow through on that promise.
According to Gary:
“I really want Ron Wooten (director of the state Office of Miners’ Health Safety and Training) as well as MSHA involved – a joint effort on the whole arc of the investigation.”
Manchin said the investigation needed to get into how to prevent something like this from happening again.
He also said he Davitt McAteer would be involved as his “outside counsel.”
Folks may recall that McAteer, who ran MSHA during the Clinton administration, organized the public hearings into the 2006 Sago Mine disaster here in West Virginia.
Those hearings were far from perfect — the format, and lack of subpoena power, for example, allowed International Coal Group (and MSHA, for that matter) too much control over what witnesses would be testifying about what topics. But it was a much more public process than a typical mining death investigation, which is very, very secretive.
Complicating things in this instances may be that McAteer and Wooten are not necessarily best buddies. And, most folks in mine safety circles know there are hard feelings between McAteer and MSHA chief Joe Main.
Manchin, of course, would like McAteer involved not only because of his broad expertise in these issues and his ability to tap into a vast network of safety experts around the world, but also because McAteer’s name gives a lot of credibility to whatever type of investigation the state does. The Obama administration knows this as well.
Who knows how Massey and its combative CEO, Don Blankenship, would respond to a public hearing … can anyone imagine the company would welcome the concept?
MSHA, of course, has broad authority under federal law to investigate this disaster, but has seldom used that authority in the long history of mining deaths.
It’s hard to say yet where this is headed … but what type of investigation is done will tell us a lot about how serious regulators and politicians are about getting to the bottom of what happened.
Subscribe to the Coal Tattoo
the State Police and FBI need to investigate, this disaster is nothing short of criminal. if left to MSHA and WVA Dept of Mines it will be covered up, too many politics involved. There’s more to it than just an accident…
Wow, public hearings – what a concept! If I could choose, I’d opt for the feds to do it (and I hope that Congress decides to hold hearings, as well). I think well of Davitt McAteer, but I have no confidence in the ability of West Virginia’s agencies to police themselves. And while this is our state’s tragedy, Massey operates mines in other states.
What I’d really like is a federal RICO investigation; if Massey shows “a pattern or practice” of ignoring, subverting or otherwise flouting federal regulations – if there is any tangible evidence that supervisors, managers and/or executives directed a strategy to do so – why shouldn’t that be considered “an ongoing criminal enterprise?” Particularly with human lives at stake?
I hope federal forensic specialists accompany the rescue workers to ensure the company is not vulnerable to cover-up charges during the investigation process.
If Sen. Byrd is as upset as he says he is about this… then he needs to use whatever influence he has left to get this into a public hearing forum. I have people talk about his legacy being how much Federal government money he has brought into the state.
I disagree… I think his legacy could be, did he get to the bottom of these mining disasters/ accidents. He cares for the people of this great state… then represent them and get to the bottom of these disasters. I don’t hear any other state in the US having as many mining disasters as we do in WV.
Sen. Rockefeller… Rep. Rahall… the same goes for you as well.
Gov. Manchin… you talk about the mining safety stuff you did after Sago… it doesn’t appear to have worked here? Why? Find out… demand public hearings on why this stuff keeps happening. Why is Massey & Don Blankenship getting with all this stuff?
The legacies of all the politicians involved could frankly be all wrapped up in this one event. Do what’s right now, before more miners have to die.
I am a native West Virginian who now lives more than 1,000 miles from WV. I deeply appreciate what Ken Ward and the other reporters at the Gazette are presently doing.
But as I observe this tragedy from a distance, and I do keep up with every turn of events being reported, I sense a relationship between miners, the state, MSHA inspectors, and Massey that has been something like a dance. Everyone knows that there are certain motions that must be made as each entity plays its role in the dance. But whatever you do, you must not be the one to shut down the mine.
Have the miners been unaware of the numerous citations issued to Massey concerning this mine? Why wouldn’t the state publicize these citations? In light of the recent revelation that many inspectors are not adequately trained are the numerous citations actually reflective of ALL the problems in this mine? And Massey, you simply are not looking good at all in this situation.
We are creatures of habit. A hard working man who wants to provide for his family will overlook the hazards in order to keep a paycheck coming. Inspectors, the state and MSHA, could routinely overlook the real degree of hazard. Massey, and EVERYONE INVOLVED, could simply, out of habit, not come to grips with the hard reality of a tragedy caused by routine negligence until it is too late.
Something must be done. This is not an apology for the UMWA. But something must change in the understanding of the miners, the state, MSHA, and the coal companies.
Business as usual in this mine has turned deadly.
Whoever convenes a public hearing better have subpoena power or there will be no chance of getting at the full truth . And even less chance of preventing such an unspeakable mining disaster in the future or even of seeing that justice is done in the aftermath of this unnecessary horror.
Looks like Gov. Manchin is sending clear signals now that he hasn’t got what it takes to insist that there be a fully open, subpoena-power equipped, public hearing into exactly what happened here.
A possible move to sap the resolve of other faint-hearted politicians and further head off the likelihood of a fair, public investigation of this case might be for Massey Energy Co. to gently jettison Mr. Blankenship just as soon as he’s safely harnessed in to a suitable golden parachute.
Anything to keep the public’s eye off the ball.
I think Manchin fears another lawsuit from Blankenship. When Blankenship sued Manchin after the DEP denied the 2nd silo at Marsh Fork Elementary, the DEP attorneys, in my opinion, threw the game in the appeals. Manchin may have tough talk when he’s in front of the camera with MSHA standing behind him, but when he gets back to his office it’s going to be another story.
Manchin, another pawn…
A miners need and willingness to take risks can backfire when a mine operator takes advantage of the brave workers predisposition and his desperate economic situation. West Virginia’s governments shameful corrupt legacy in regards to the coal industry is a historic cancer of epic proportion that needs to be fully acknowledged.
How well informed miners are of the atmospheric conditions and the safety record of the mine are important issues. Without a union the workers are kept dumb about matters that might endanger their lives. ‘Ignorance is bliss’ can be the rule.
Don Blankenship must assume full responsibility for the losses under his watch. The buck stops at his desk. If he had paid more attention, hired more maintenance workers the probability of this methane explosion happening would have been greatly diminished. He will carry the guilt of these miners deaths and their families losses to his grave, sadly he will live well on the millions and millions of dollars he accumulated.
see also: http://minesafetywatch.wordpress.com/
There is hardly a single excuse for this event, but we do live with ‘Murphy’s Law’. This explosion has the fingerprints of incompetence by design. Today in this man made environment, with off the shelf technology, sensors and alarms properly deployed, kept serviceable and monitored in a fully redundant integrated system miners safety from methane and coal dust could be greatly enhanced. Parts of the underground coal industry in the US is literally stuck in a death march. Understandably coal mine owners are unwilling to spend more than the bare minimum to get coal from underground because capitalism demands profits. But as we see shareholder profits are often paid with the blood and loss of the workers, their family and community.
A public hearing with subpoena power on safety in the US underground coal industry is a must. In 2010 methane is a cash commodity, a green house contributor as well as a menace to miners.
Having public hearings on the status of underground mining in the US is an opportunity for the greatest minds to gather and consider this nations underground coal industry with a 21st century perspective. Coal is a part of our national security! The EPA has a coal mine methane capture program that Massey does not appear to be a part of: http://www.epa.gov/coalbed/networkcontacts.html
Perhaps West Virgina University should assume some leadership role in the hearing process.
For those few Americans who love to laugh at ‘third world’ countries and their primitive industries, pay attention, looks like we are getting outrun.
Looks like we better learn Chinese or get left behind senator.
http://www.methanetomarkets.org/
Name: World CTL 2010 Conferenence
Sector: Agriculture, Coal Mines, Landfills, Oil and Gas
Location: Beijing, China
Event Details: Event Web site: http://www.world-ctl2010.com/
Unions organized and evolved to protect workers from their bosses and themselves. The UMW has had it’s share of corruption and ineptitude, but it survives nonetheless. It’s the only game in town I know about.
As pointed out in earlier blogs Don Blankenship went into the mines when the UMW was trying to re-organize. He told the miners the mine would close if they voted in the union back in. What’s a working man to do? No other jobs anywhere nearby, families to feed, bills to pay… When you abandon your community you abandon your extended family, your legacy, your lifestyle. Miners at Upper Big Branch tried to hold on as miners and their families have been trying to do for in Appalachia for over 100 years.
My most heartfelt condolences to the families and communities involved. I’m the son of a child made an orphan in a SW VA mining ‘accident’. My dad got out minus a leg, his brother lost a leg too. I lived there, I know it.
None tougher, none more gentle, my kin in WVa. May God Bless you all.