Archive for May, 2010

Memorial Day

Friday, May 28, 2010

Coal Tattoo is taking a couple of days off for the Memorial Day holiday … in the meantime, readers might want to spend some time with this, the Mine Safety Pastoral Letter, from the Rev. Michael J. Bransfield, Bishop of the Wheeling-Charleston Catholic Diocese. You can download a .pdf copy of it here.

On this day, the Memorial of Saint Joseph the Worker, the Church honors Joseph in his role as a worker and, in so doing, seeks to highlight the dignity of human labor. In West Virginia, the Memorial of Saint Joseph the Worker should be a day of celebration. Human labor and the spirit of the working man making a living for himself by his labor are emblazoned on the Great Seal of our State: the two proud figures, a pioneer farmer wielding an ax and a miner with his pick on his shoulder. The symbol of this State celebrates hard-working people who have wrested a living from the Mountain State’s beautiful but challenging landscape. The events of recent weeks also turn our thoughts about workers in a somber direction.

Just over a century ago, the community of Monongah was devastated by the worst mining disaster in American history. Hundreds of men and boys were killed by a devastating explosion in the Monongah Mine, likely triggered by the ignition of methane which in turn ignited the coal dust in mines 6 and 8. In a few short minutes, whole families of men were killed and hundreds of widows and orphans were created at a time before modern welfare support. Bishop Patrick J. Donahue went to Monongah to join the community in its grief and to help them commit the souls of their dead fathers and sons to their eternal rest. The disaster occurred on the Feast of St. Nicholas, December 6, 1907, but there was nothing of Christmas joy amid the cries and tears of widows and orphans.

The Monongah Mine Disaster, and the other deadly mine explosions which soon followed in Pennsylvania and Alabama, were so shocking to the nation that we spurred on to create the Bureau of Mines in 1910. This U.S. Government Agency was charged with the investigation of the methods of mining, especially in relation to the safety of miners and the prevention of accidents, with the hope of preventing workplace fatalities. During the years of its existence, the U.S. Bureau of Mines’ work into the prevention of mine explosions has led to great improvements in mine safety and the Mine Safety and Health Administration has continued to identify opportunities for improved safety, but clearly more needs to be done.

A few short weeks ago, I joined parishioners at Whitesville to pray for the miners and their families involved in the Upper Big Branch Mine Disaster. The explosion occurred on Easter Monday. While the readings at Mass spoke of Mary Magdalene’s joy at seeing the Risen Savior, I had to speak to the people also of Magdalene’s tears as she approached the tomb that morning. West Virginians are a people of faith, but this Easter Week was a difficult time for our Mountain State, a time of sorrow and dashed hopes. The Montcoal community experienced the sort of suffering we had all hoped would never be repeated after the Sago disaster four years ago. In the 21st century, there should be a greater span between accidents than just four years.

In my first pastoral letter, A Church That Heals, I acknowledged that “we are far from the place called health: a state of complete physical, mental and social well-being.”

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EPA extends comment period on Spruce Mine

Thursday, May 27, 2010

This just in from EPA:

The U.S. Environmental Protection Agency is extending the deadline for public comment on its proposal under the Clean Water Act to significantly restrict or prohibit mountain top mining at the Spruce No. 1 surface mine in Logan County, W. Va. The comment period will be extended from June 1, 2010, to June 4, 2010, because a government website being used to submit comments will be out-of-service from May 29 until May 31, 2010.

The federal eRulemaking Portal  http://www.regulations.gov), the recommended method of comment submission, will undergo a scheduled maintenance outage and will be unavailable from Saturday, May 29, 2010, from 12 a.m. until Monday, May 31, 2010 at 11:59 p.m. Eastern Daylight Savings Time. On June 1, 2010 at 12 a.m.,this website will again be available to accept public comment on Docket ID No. EPA-R03-OW-2009-0985 until June 4, 2010.

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Massey: Team to re-enter Upper Big Branch

Thursday, May 27, 2010

This just in from Massey Energy:

Massey Energy Company (NYSE:MEE) announced today that the Company, MSHA and West Virginia Office of Miners Health Safety and Training are planning to reenter the Upper Big Branch Mine on June 2.

A sixteen member group will reenter the mine. The group will be made up of Massey members, Federal officials and State officials.

The initial reentry will focus on monitoring the quantity and quality of the air in various locations underground. The results of this monitoring will dictate when additional entries into the mine to determine the cause of the explosion can begin. As further details become available, they will be provided.

“We are pleased that the first step in the underground investigation is scheduled to begin,” said Massey Energy Chairman and CEO, Don Blankenship. “We are eager to begin a thorough investigation into the root cause of the accident.”


Mine safety alphabet soup: What’s going on with SCSRs, CSE, MSHA and NIOSH?

Thursday, May 27, 2010

Scott Shearer, president of CSE Corp., says his company has not actually “recalled” any of its potentially defective emergency coal-mining breathing devices.

The Associated Press has picked up on the story covered here and in the Gazette previously (see here, here, here and here) concerning problems with the most widely used emergency breathing device in the U.S. coal industry.

But the AP story focuses on questions about whether any action by MSHA or NIOSH to get potentially defective CSE Corp. SR-100 devices out of the mines would cause a problem for mining companies seeking to comply with requirements that they provide such devices for their miners.

The real issue here, though, is probably why MSHA and NIOSH aren’t saying more about this problem publicly, and whether the mining community and the public have been misled about the severity of the problem and what is being done about it.

Earlier this month when I was preparing this Gazette story, I interviewed CSE President Scott Shearer to try to follow-up on the new “User Notice” his company had issued warning that problems with the SR-100′s quick-start mechanism might not work if miners needed the devices to help them escape a fire or explosion.

A couple of interesting things came up during our chat.

First, Shearer kept mentioning the figure 11,000 units … and I couldn’t figure out what he was talking about — since the initial reports from CSE a few months earlier were that 4,000 units were affected by the problem. When I asked him about this big discrepancy, Shearer suggested that I got the number wrong in the initial story — that his company never said 4,000 units were involved.

Huh … I make plenty of mistakes, but I didn’t think I’d made that one. So I checked the news release that CSE issued back in February and here’s what it said under the heading of  “Frequently Asked Questions”:

How many units are affected by the recall?

CSE is being proactive and withdrawing the entire production lot of over 4,000 SR-100s from the field but estimates that less than one percent of this production lot may be affected.

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Gulf oil disaster gets public hearing, but Upper Big Branch explosion probe stays behind closed doors

Thursday, May 27, 2010

Assist vessels fire water cannons at the Deepwater Horizon in an attempt to control and extinguish a fire April 21, 2010, which has engulfed the mobile offshore drilling unit after an explosion April 20. Coast Guard helicopters, planes and cutters are responding to the incident. U.S. Coast Guard photograph by Petty Officer 3rd Class Tom Atkeson.

While the Obama and Manchin administrations continue their closed-door investigation of the Upper Big Branch Mine Disaster, the probe of the nation’s other current fossil fuel catastrophe is going on — in public, out in the open, and broadcast live in the Internet.

An alert Coal Tattoo reader pointed out to me this National Public Radio story that was based on large part on testimony delivered at the public hearings, going on this week in New Orleans:

Just hours before a deadly explosion unleashed an unprecedented oil spill in the Gulf of Mexico, managers on the drilling rig had a dispute about how work would proceed, according to testimony from the rig’s chief mechanic. And that testimony has raised questions about whether BP was under pressure to move on to another well.

The mechanic, Douglass Brown, told federal investigators meeting outside New Orleans on Wednesday that he attended a daily meeting of managers on the Deepwater Horizon rig the day of the explosion. He said he didn’t follow all of the details that closely, but he did notice one thing: “I recall a skirmish taking place between the company man, the OIM, and the tool pusher and driller concerning the events of the day. The driller was outlining what was going to be taking place, whereupon the company man stood up and said, ‘No, we have some changes to that.’ “

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Massey employees skip MSHA’s private interviews

Wednesday, May 26, 2010

In case you missed it, we’ve got a story up on the Gazette’s Web site reporting that about half of the Massey employees who have been asked to give statements in the Upper Big Branch investigation have not shown up for their scheduled interviews.

The story is posted online here, and we’ll be updating it later on. UPDATED: We’ve got an updated story online now, including comment from MSHA on this issue.

It’s worth noting that the Obama administration advocated its closed-door interview sessions — instead of public hearing — in large part because it said the secrecy would make Massey employees more likely to show up and tell the truth.

Massey Energy: We are not for sale

Wednesday, May 26, 2010

Massey Energy today issued a news release to deny media speculation that the Richmond, Va.-based coal giant is being prepared for sale:

These reports are not true. Massey does continue to have discussions with several entities regarding various asset sales and/or Joint Venture opportunities that it feels will bring value to the shareholders.

One media report I saw included this speculation:

Massey, the owner of the West Virginia mine where 29 people died in an explosion last month, also gained on speculation that its shares, which have fallen 41 percent since the accident, make it a target for acquisition.

“There’s always rumors,” said Pearce Hammond, an analyst at Simmons & Co. International in Houston. “Number one, Massey has attractive assets, and number two, the stock has fallen quite a bit. Yes, it could, but I personally don’t think it’s likely at the moment.”

Hammond said he would be “very surprised” to see a buyer step in because of pending investigations of the accident.



Massey hit with more violations at Upper Big Branch

Wednesday, May 26, 2010

Federal inspectors have yet to get underground at Massey Energy’s Upper Big Branch Mine, but they’ve already hit the operation with another nearly two dozen citations — all in the last two weeks.

U.S. Mine Safety and Health Administration inspectors cited Massey’s Performance Coal Co. subsidiary for 23 different violations in a “spot inspection” that began May 14 and remains ongoing, according to the latest entries in MSHA’s online computer database.

Most of the citations related to violations MSHA inspectors found in the mine’s electrical systems — presumably problems that could be discovered without going underground — or to surface facilities at the Raleigh County operation.

Only three of the 23 citations were listed by MSHA inspectors as “significant and substantial.” No more serious enforcement orders were issued. But, complete details of these violations are not yet available. MSHA has yet to respond to my inquiry about this inspector or to a request for copies of the citations.

As of this morning, only about half of the violations were listed by MSHA as having been corrected.

Upper Big Branch miner: ‘That place was a ticking time bomb’

Monday, May 24, 2010

Clay Mullins, brother of Rex Mullins, listens as Stanley “Goose” Stewart, at right, Upper Big Branch miner, addresses the House Education and Labor Committee, during a hearing on the Upper Big Branch Mine Tragedy in Beckley, W.Va., at the Beckley-Raleigh Convention Center on Monday, May 24, 2010. Stewart along with other miners testified that production was valued over safety. (AP Photo/Jon C. Hancock)

Gazette readers have heard from Stanley “Goose” Stewart before, in this story by my buddy Davin White, which was published just two days after the Upper Big Branch Mine explosion.

Stewart, who narrowly escaped the April 5 disaster, had much more to say this morning when he testified at the House Education and Labor Committee’s field hearing on the mine disaster.

Among other things:

… Last July, I told my wife, Mindi, “If anything happens to me, get a lawyer and sue the blankety blank out of them. That place is a ticking time bomb.”

Stewart said the mine “constantly” had low flows of fresh air, but that the company never really fixed its ventilation problems:

Mine management never fully addressed the air problem when it would be shut down by inspectors. They would fix it just good enough to get us to load coal again, but then it would be back to business as usual.

And Stewart said that the company last year stripped miners at Upper Big Branch of their summer vacations after the operation did not meet a production quota.

We’ve got an early edition of our news story on the hearings online now here.

There’s also coverage online from National Public Radio, The Wall Street Journal, The Associated Press, the Charleston Daily Mail, the Beckley Register-Herald, and the Pittsburgh Post-Gazette.

Dead miner’s father: MSHA let us down

Monday, May 24, 2010

BECKLEY, W.Va. — Gary Quarles, the father of Upper Big Branch Disaster victim Gary Wayne Quarles, just told the House Labor Committee that federal regulators failed the miners killed in the April 5 disaster:

MSHA inspectors at Massey did little to protect miners … We absolutely looked to MSHA for leadership, particularly on safety issues, but MSHA has let us down many times.

Quarles also told lawmakers that Massey routinely tipped workers off about impending inspections, and would hurry to fix problems when MSHA showed up at one of its mines:

When the word goes out, all effort is made to correct any deficiencies or direct the inspector’s attention away from any deficiencies.

… When MSHA is not present, there is no thought of doing anything other than producing coal. The miners are not allowed to hang curtains or conduct any other safety operations if they would interfere with or delay the production of coal.

Mr. Quarles complete statement is online here.


Chairman Miller: Hazards of underground coal mining are no mystery

Monday, May 24, 2010

BECKLEY, W.Va. — House Labor Committee  Chairman George Miller just delivered his opening statement at the Upper Big Branch hearing … here’s a taste of it:

While the cause of this tragedy remains under investigation, the hazards miners face while underground are not a mystery.

We know how coal dust can explode like gunpowder when ignited by methane. We understand the disastrous results when a mine owner operates on the margins of safety in order to put more coal on the belt. We know what happens when workers’ voices are silenced by fear of retaliation for speaking out on safety problems they see. And we know the consequences for safety when an operator games the system in order to escape much tougher safety oversight.

Miners die. That’s what happens.


House committee set to hear from families of Upper Big Branch Mine Disaster victims

Monday, May 24, 2010

BECKLEY, W.Va. — Members of the House Education and Labor Committee are set in a few minutes to hear testimony from family members of the miners killed in last month’s Upper Big Branch Mine Disaster.

Here’s the witness list for today’s committee field hearing here in Beckley:

– Gov. Joe Manchin

– Gary Quarles, father of miner Gary Wayne Quarles;

– Alice Peters,  mother-in-law of Edward “Dean” Jones;

– Steve Morgan, father of Adam Morgan;

– Eddie Cook, uncle of Adam Morgan;

– Clay Mullins, brother of Rex Mullins;

– Stanley “Goose” Steward, Upper Big Branch Miner.

Stay tuned …

Friday roundup, May 21, 2010

Friday, May 21, 2010

Wow … it was another big week full of coal-mining news. I wanted to pass on some links for more coverage of yesterday’s mine safety hearing before the Senate Appropriations subcommittee.

Among those covering it were The New York Times, The Wall Street Journal, McClatchy Newspapers, National Public Radio, West Virginia Public Broadcasting, the Beckley Register-Herald, and the Louisville Courier-Journal.

And there were a couple of interesting commentaries on The Huffington Post. One by Gary Bass of OMB Watch connects some dots between the Massey Mine Disaster, the BP Oil Disaster and the Toyota Recall Disaster:

These events have a few things in common, not the least of which is that they all illustrate a governmental failure to effectively regulate business activity and protect the public.

In each instance, businesses with poor safety records have continued to operate in a system of voluntary regulation. Federal agencies, battered by lengthy procedural hurdles, slashed budgets, and anti-government sentiments, rely on business to police themselves. After each “accident,” Congress and the media begin a crusade: how can such things happen and why didn’t somebody see this coming? But after all the hand-wringing and finger-pointing, rarely is anything done to prevent future catastrophes. Instead, we continue to be stuck with “government by reaction.”

Another, by Rena Steinzor of the Center for Progressive Reform, attempts to make the case for criminal prosecution of Massey CEO Don Blankenship. Interestingly, if you look at the photo above, you see Blankenship with Massey’s general counsel, Shane Harvey, and also with Robert Luskin, a well-known Washington, D.C., lawyer who specializes in white-collar criminal defense. Luskin represented Massey subsidiaries Aracoma Coal Co. and White Buck Coal when those two companies pleaded guilty to criminal mine safety violations in recent years.

Cecil Roberts, International President of the United Mine Workers of America, right, listens as Massey Energy Company Chief Executive Officer Don Blankenship testifies on Capitol Hill in Washington, Thursday, May 20, 2010, before the Senate Health and Human Services subcommittee hearing on mine safety. (AP Photo/Carolyn Kaster)

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Coal industry tries to take on WVU researcher, but National Mining Association stumbles and pulls Internet attacks on Hendryx health studies

Friday, May 21, 2010

Yesterday afternoon, just as I was settling in to watch the Senate hearing on coal-mine safety, a fascinating “tweet” from the National Mining Association’s Mining Fan (that’s their logo above) popped onto my computer screen:

Yale professor debunks bogus studies on the health effects of Appalachian surface mining.

Wow … sounds like something worth checking out right away … apparently, I thought, a professor at a respected university has “debunked” the work of West Virginia University’s Michael Hendryx and concluded the Hendryx studies were “bogus.”

Well, it turns out, not so much — the statement, which was repeated on a National Mining Association Facebook page — was so out of line that NMA officials have pulled it from the Internet, taken back, if you will.

So what are we talking about? Well, Coal Tattoo readers certainly recall the work of WVU’s Hendryx, who has published a series of peer-reviewed studies that pointed to increased illnesses and premature deaths among Appalachian residents living near coal-mining operations and questioned whether the costs of those health impacts are greater than the industry’s economic benefits to the region.

As you can imagine, the coal industry was none too pleased about these studies. My buddy Roger Nicholson at International Coal Group wrote an op-ed piece attempting to debunk Hendryx. The National Mining Association went a step further, hiring Yale’s Jonathan Borak to take a closer look at the Hendryx studies.

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Judge Berger throws out suit seeking open investigation of Upper Big Branch Mine Disaster

Friday, May 21, 2010

U.S. District Judge Irene C. Berger has dismissed a lawsuit that sought to force the Obama administration to conduct its investigation of the Upper Big Branch Mine Disaster through an open, public hearing.

I’ve posted a copy of Judge Berger’s decision here. As Coal Tattoo readers certainly know, the United Mine Workers union and two families of Upper Big Branch victims filed this suit to try to bring some measure of transparency to the ongoing MSHA probe.

The judge did not address the merits of the case, or any of the arguments about whether MSHA should be investigating itself or that an open process would harm the ongoing criminal investigation of safety practices at the Massey Energy Mine.

Instead, Judge Berger sided with the argument made by lawyers for MSHA chief Joe Main that the U.S. District Court did not have jurisdiction to decide the matter, calling that “the foremost issue in this case.”

Basically, Judge Berger ruled that the Administrative Procedure Act — invoked by the UMWA and the miners’ families — does not provide for judicial review of MSHA’s procedures for conducting accident investigations.

Another W.Va. coal miner dies …

Friday, May 21, 2010

More bad news this morning from the coalfields of West Virginia:  James Robie Erwin, 55, of Delbarton, died at about 6 a.m. from injuries received in a May 10 incident at Massey Energy subsidiary Spartan Mining Co.’s Ruby Energy Mine in Mingo County.

According to the state Office of Miners Health, Safety and Training, Erwin was a continuous miner operator and the incident involved him becoming pinned between a shuttle car and the mine wall.

That makes 36 coal miners dead on the job in 2010, including 31 in West Virginia — the most in our state since 1980, when 33 miners were killed.

As for the Ruby Energy Mine, Ellen Smith at Mine Safety and Health News had written for The Huffington Post that this operation might have been “even more unsafe” than Upper Big Branch.

In its big post-disaster inspection sweep, MSHA cited Ruby Energy for 29 mine safety and health violations, including 12 that inspectors considered serious and substantial.

Spartan Mining paid MSHA $142,500 in fines following the February 2004 death of miner Kenneth Adrian McNeely at the Ruby Energy Mine. MSHA investigators concluded that the company had not protected McNeeley from potential electrical hazards. The MSHA report described the incident this way:

During a mine-wide power outage, the victim and the continuous mining machine operator were repairing the damaged area of a continuous mining machine trailing cable. While the victim prepared the third and final power phase to be spliced together, electrical power was restored to the underground mine and the electrical circuit breaker was closed causing a fatal electrical shock. The visual disconnecting device, or cable plug, for the continuous mining machine trailing cable was not disconnected, locked-out, or suitably tagged from its receptacle on the power center.

And MSHA investigators concluded:

The continuous mining machine trailing cable was not adequately protected to prevent damage while moving the continuous mining machine. The accident occurred because management did not ensure that persons were protected against potential electrical hazardous after the left continuous mining machine damaged the trailing cable. The section foreman did not direct the section electrician to remove the trailing cable to the out-of-service mode (disconnect, lock and tag) until troubleshooting, testing and restoring the trailing cable to a safe condition was completed. The certified person performing electrical work did not disconnect the trailing cable plug from the circuit breaker receptacle, lock the disconnect device and tag. The accident occurred when the unlocked and untagged trailing cable was re-energized while repairs were being performed and without first ensuring that all persons were in the clear of the cable.


Daughter of miner who survived Massey Disaster: ‘You know he’s in there’

Friday, May 21, 2010

In this photo taken Thursday, April 29, 2010, Sherry Lilly holds a photograph of her father, coal miner James Woods, of Cool Ridge, W.Va. at a hospital in Charleston, W.Va. Woods was a survivor of the mine explosion on April 5, 2010 at the Upper Big Branch Mine in Montcoal, W.Va. (AP Photo/Jeff Gentner)

Here’s a feature by my old buddy John Raby at The Associated Press, about the impact of the Upper Big Branch Mine Disaster on one of the miners who survived:

By JOHN RABY

CHARLESTON, W.Va. (AP) — A few days before the Upper Big Branch coal mine blew up, James Woods had a nightmare — he was pinned down, held by his arms, unable to move.

It was, his daughter believes, “God’s way of telling him that something was going to happen.”

Woods awoke from a coma in a Charleston hospital bed, and tried to yank out feeding and ventilator tubes. Doctors were forced to tie down his arms for more than a week.

His dream was right on the mark.

Twenty-nine men died inside Massey Energy Co.’s mine in Montcoal, an hour south of Charleston. One other man was briefly hospitalized, and Woods was pulled out barely alive.

More than a month after the accident, the devout Christian, devoted family man and determined prankster is a fraction of his former self, unable to converse and seemingly lost in a brain that was starved of oxygen from carbon monoxide exposure.

“You know he’s in there,” daughter Sherry Lilly told The Associated Press recently in the family’s first interview since the April 5 explosion. “And sometimes he’ll have an expression that you’re used to seeing. But then sometimes it’s just blank.”

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News from today’s Senate mine safety hearing

Thursday, May 20, 2010

A protester holds a sign behind Massey Energy Company Vice President and General Council Shane Harvey, left, and Massey Energy Company Chief Executive Officer Don Blankenship, as they wait to testify on Capitol Hill in Washington, Thursday, May 20, 2010, before the Senate Health and Human Services subcommittee hearing on mine safety. (AP Photo/Carolyn Kaster)

Hey folks — the Gazette’s servers and our whole building’s Internet service have been off and on all day today. So I’m sorry for infrequent posts … and for not having a more complete blog post about today’s mine safety hearing.

But here’s a link to our print story, which is up online on the Gazette’s Web site.

You can find the prepared testimony and a link to the archived Webcast here.

Cecil Roberts, International President of the United Mine Workers of America, right, listens as Massey Energy Company Chief Executive Officer Don Blankenship testifies on Capitol Hill in Washington, Thursday, May 20, 2010, before the Senate Health and Human Services subcommittee hearing on mine safety. (AP Photo/Carolyn Kaster)

Sen. Byrd on Upper Big Branch Disaster: MSHA and Massey both “have much to explain”

Thursday, May 20, 2010


Sen. Robert Byrd, D-W.Va., questions panel members on Capitol Hill in Washington, Thursday, May 20, 2010, during the Senate Health and Human Services subcommittee hearing on mine safety. (AP Photo/Carolyn Kaster)

Here is Sen. Robert C. Byrd’s opening statement from today’s mine safety hearing:

I very much appreciate your holding this hearing. You and your staff have been very gracious in accommodating my requests for supplemental funding and for this oversight hearing, in the wake of the terrible tragedy that took the lives of 29 miners in the coal fields of southern West Virginia.

Nearly two months after that horrific explosion, I am perplexed as to how such a tragedy, on such a scale, could happen, given the significant increases in funding and manpower for the Mine Safety and Health Administration, which have been provided by this Committee.

In recent weeks, the Mine Safety and Health Administration has announced so-called inspection blitzes. MSHA has announced new rules concerning pre-shift examinations and pattern violators, and has displayed a new-found willingness to use injunctive relief to close dangerous mines. It is tragic that miners had to perish in order to precipitate such enforcement. The Congress has authorized the most aggressive miner protection laws in the history of the world, but such laws are useless if the enforcement agency is not vigorous about demanding safety in the mines.

These laws are also jeopardized when the miners themselves are not incorporated into the heart of the inspection and enforcement process – - as Congress has intended them to be. Now is the time – - in fact, long past the time – - to cast off the fears, cronyism, and other encumbrances that have shackled coal miners and MSHA in the past.

Assistant Secretary Main, and his team at the Mine Safety and Health Administration, still have much to explain regarding this tragedy at Upper Big Branch which happened on their watch. I do not believe it was because of a lack of funding. I do not believe that MSHA lacked enforcement authorities.

Massey Energy officials, who bear the ultimate responsibility for the health and safety of their workers, still have much to explain to the country and to the families of the miners who perished. I cannot fathom how an American business could practice such disgraceful health and safety policies while simultaneously boasting about its commitment to the safety of its workers.

The Upper Big Branch Mine had an alarming record of withdrawal orders – - where was the commensurate effort to improve safety and health?

Presently there are several ongoing investigations, including an ongoing criminal investigation. Perhaps these will provide some solace to the families who are looking for accountability. Let us also hope that this hearing will provide information on the government and company officials who should be held accountable, and lead us to some additional steps which may be taken to avoid such horrific loss of life in the future.


Court battle continues over MSHA’s closed-door investigation of the Upper Big Branch Mine Disaster

Thursday, May 20, 2010

Lawyers for the Obama administration, the United Mine Workers union and the families of two of the Upper Big Branch Mine Disaster victims are continuing to argue in court, while MSHA chief Joe Main moves forward with his closed-door investigation of the April 5 explosion that killed 29 Massey Energy miners.

On Tuesday, lawyers for the UMWA and the families of miners William Griffith and Ronald Maynor filed their responses (posted here and here) to the U.S. Mine Safety and Health Administration’s earlier motion to have the case thrown out without a decision on the merits.

Among other things, these briefs highlight the fact that — despite Labor Secretary Hilda Solis’ comments to the contrary — MSHA’s written guidelines for its investigative interviews will clearly allow Massey lawyers into the room, destroying the argument that the interviews need to be secret to avoid tipping off the company about the direction any separate criminal probe might be taking. As the UMWA’s brief states:

It is especially notable that under MSHA’s established investigative procedures for Upper Big Branch, operator representatives will, in fact, have the right to attend interviews under the guise of functioning as witness representatives, i.e. lawyers paid for by the operator.

Whenever a witness accepts such company counsel, MSHA’s procedures also require the exclusion of designated miners’ representatives. Thus, the only entities that actually will be excluded are the miners and the families of those killed.

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