Federal investigators have determined that a page was removed from the “fireboss book” at Massey Energy’s Upper Big Branch Mine, where 29 workers were killed a month ago in the worst U.S. coal-mining disaster in 40 years.
That’s according to a new court filing by lawyers for the families of two of the miners who died in that horrific April 5 explosion in Raleigh County.
U.S. Mine Safety and Health Administration officials revealed this potentially important piece of information to the families of the Upper Big Branch miners during a closed-door meeting last week at Liberty High School in Beckley, according to the court documents.
Rachel Moreland and Mark Moreland, lawyers for the families of William I. Griffith and Ronald Maynor made this revelation public in a legal memorandum filed in the lawsuit in which they and the United Mine Workers seek to force MSHA to conduct its investigation of the disaster through a public hearing. The legal memo, filed today in U.S. District Court in Charleston, says this is what happened at that meeting last week:
After much prodding by miners’ families, MSHA admitted that the investigative team determined that one page of a fire boss book has been removed.
The legal memo does not indicate what date the page covered, or provide any additional details (though I’m told it was from sometime in October 2009).
MSHA officials were not able to comment on the issue when I reached them this evening. Massey officials did not immediately respond to a request for comment.
UPDATED: MSHA coal administrator Kevin Stricklin confirmed Friday that agency investigators found a page missing from the book where daily ventilation fan examinations were recorded. “We do have a page that was ripped out. It’s something we’re going to look into.”
UPDATED: Shane Harvey, general counsel for Massey, told me in an e-mail message tonight that he did not know what the Morelands were referring to, and added:
I can say that we are cooperating fully in the investigation and have made and will make every effort to preserve and turn over all official mine records to the investigating agencies. We will not tolerate any effort to alter or hide such evidence.
But in their brief, the Morelands commented:
This disturbing example of mutilation of documentary evidence compels the conclusion that in order to assure evidence is fully produced, and produced unaltered, MSHA must issue subpoenas.
Of course, part of the problem for MSHA is that unless it convenes a public hearing, it can’t issue subpoenas. Congress did not give MSHA subpoena power when agency officials choose — as MSHA chief Joe Main has done — to conduct their investigation behind closed doors.
So we’re all clear … the fireboss book is the place where mine foremen and certified company examiners are required to write down the findings of their safety checks of the underground mine. Falsifying entries in these books is a felony.
In an affidavit filed with their legal brief, Mark Moreland explained:
It is my understanding that MSHA considers removal of any page from a “fireboss book” to be a willful/knowing violation and a potential criminal violation …
Updated: Moreland suggests that, given its violation history, it is possible that a criminal investigation was focused on the Upper Big Branch Mine even before the April 5 explosion — a suggestion that is backed up by this Gazette story we published the week of the disaster.
Moreland also reveals this bit of information:
Prior to the May 5, 2010, MSHA meeting, my partner and I had a conversation with MSHA Director Joe Main during which I advised him that it was my understanding that it had been reported that ‘another federal agency’ [the FBI] had conducted in excess of two dozen interviews in the community; Mr. Main responded that he was sure that they likely had conducted far more interviews than that by the time of our conversation.
And, Moreland had this to say about whether MSHA was interested in what the families of the miners who died at Upper Big Branch had to say about conditions at the mine prior to the disaster:
While family members attempted to discuss information regarding UBB with MSHA during the MSHA meetings (including, but not limited to, such meaningful information that the mine, or a portion thereof, was evacuated just days before the explosion due to the presence of methane without notification of MSHA by the mine operator), no apparent attempt was made by any MSHA personnel to elicit names or phone numbers of family members who were making such attempts, and to my knowledge, no MSHA personnel has followed up with any of the family members who indicated at the meetings that they had such information.
MSHA has not kept its promises to the families, has not followed the laudable stated positions of Director Main and Secretary Solis in its actions, nor agreed to involve the families in a meaningful way in the investigation of the UBB tragedy that killed the families miners.
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This is sickening. Someone needs to pay more than just money for this company’s willful disregard for life.
Funny how this isn’t receiving much attention in the mainstream media….coverup?
Why is this headline with a link to a blog on the front page of the News section stated in this manner? There has been no legal finding that a page was removed from a book, merely an accusation.
The author of this blog-it’s not a story-has taken what a plaintiffs attorney has stated and placed it under a headline that gives the impression to the public that what the attorney is stating has been proven beyond all doubt with zero evidence.
And to make matters worse, the reputable Newspaper of which the author is an employee has displayed on it’s public page a link to the blog that suggest this is a story and that it is true when neither is the case.
I would think it prudent the author to change to the headline to reveal the truth, which is that it is alleged by a plaintiffs attorney that a page has been removed and it be placed under the author’s blog where it belongs and removed from the news section. Failure to do both gives credibility to Massey Energy claims regarding both, in my humble opinion.
I stand corrected. The link wasn’t listed in the news section but in the most recent section of the home page. I was mistaken when I stated otherwise, for which I apologize.
I do believe thought that the link should not be displayed in any location other then the blog page as to do so can be misinterpreted.
I also believe the headline should be changed to reflect the truth, which is that the removal of the page is alleged by plaintiff’s attorneys.
to Aaron:
Why are you trying to defend Massey? Readers can disipher where the statements or accusations came from. Besides, it is a fact that Massey foreman have altered and removed fireboss pages and pre-shifts in the past.
Why don’t you look to the Aracoma disaster and some of those facts. People deserve to get all information, regardless of how it is titled. If you are so upset about it, don’t read it or comment.
I’m not defending Massey Kris. I’m simply stating that unless Ken Ward (or you) have absolute proof or a legal finding that this page was removed, then it should not be presented on this website as it is that is the case. At least that is the stance that I have seen Ken take when posters have made unsubstantiated claims on other blog opinions. If Ken tells me that is not the case then I will withdraw my comments.
Personally, as I am interested in the truth and nothing but the truth, and have not convicted anyone yet, including MSHA investigators, I believe this investigation should be conducted in the open by an independent investigator with no ties to MSHA, Massey or the UMWA. I also believe all legal actions should be placed on hold until after the independent investigation is completed.
Aaron,
While I appreciate you reading Coal Tattoo and taking the time to comment, you have a mistaken impression that what is reported on this blog is somehow less of a Gazette product or less “news” than what we put in the print edition or elsewhere on our Web site.
When we break news — as we did in this case — on Coal Tattoo (or any of our other blogs), we very frequently list the post in our “news” category on the Web site or in the breaking news or top stories sections. That’s standard practice here, and there’s absolutely nothing wrong with it.
Furthermore, the story is very clear — it explains where the information came from and includes links to the documents which are cited. The headline is also accurate — MSHA revealed this information in a meeting with the families.
We’ll be running a story with more information about this in our print edition tomorrow (assuming I get it finished before deadline).
Thanks again for reading and commenting, Ken.
Massey is going to throw someone under the bus. Whoever ends up taking that bullet, it won’t be the real culprit.
Don is going under the bus, it is the right one.
Here’s the thing Ken. As I prefer to form my own opinion and not read others, I do not read the opinions you state in your blogs. While there is some truth to some of the material posted, more times then not I find that as is the case here, you put your own spin on the story then when what is printed in the Gazette, the Daily Mail or other news sites, both local and national so I quit reading your opinion a couple of months ago.
The only reason I clicked on this story is because it appeared to be a news story from the headline, “MSHA: Page had been removed from ‘fireboss book’ at Massey Energy’s Upper Big Branch Mine” and I wanted to read that story.
When I found it to be your opinion, I was closing it out when the second paragraph caught my attention. It was not until I realized that your headline was inaccurate that I read the opinion piece. The only reason I commented on it was becasue when I did read your opinions and would comment, I noted the number of times you would require those with differing opinions to back up statements or accusations, including myself on one post.
You told me at the time that if I were going to make statements and present them as fact that I should provide sources to back them. If that is the standard you are going to require, you should adhere to it as well and such, unless you have proof that Massey removed a page via a legal finding or admission of such by an MSHA official willing to go on record, you really amend your headline to read “Plaintiffs Attorney” instead of “MSHA.” To do otherwise is misleading on your part and gives credence to those who accuse you of bias.
Thanks,
Aaron Staats
Aaron,
Thanks for your response … and certainly, you are welcome to read or not read Coal Tattoo for whatever reason you want — more power to you.
I don’t believe, though, that there is any “opinion” in the blog story that you are so upset about … it’s based on legal documents filed in federal court, and it clearly explains the source of those documents … you are welcome to believe it or not believe it, just as you are welcome to read or not read Coal Tattoo or anything else on the Gazette Web site.
I stand by what I wrote, but I really do appreciate your honest and straight-forward explanation of why you don’t read my blog and what you think was wrong with this particular post.
Ken.
I’m not upset Ken. I was merely pointing out the inaccuracy of your headline.
Aaron
I stand corrected … and please see the blog story for an update with quotes from MSHA on this matter. Ken.
This deal with altering / destroying fireboss book info sounds like the same crimes that are still being investigated at Patriot Coal’s Fed. # 2 Mine near Fairview WV— that got swept under the rug I suppose — hope this one don’t—- you got any news on that Fed. # 2 deal Ken????? I know one of the players in that mess…like to see some justice done.
For pete’s sake. What date was the page for?
Just because a page from the daily fan examination book was removed doesn’t necessarily constitute any wrong doing. All mine fans are usually continously monitored with a fan chart that is kept along with the books. If there was a problem with the fan the chart would would show it. It records the fan 24/7/365. Someone may have made a mistake filling out that page and instead of voiding it they tore it out. If the fan chart for the day in question is also missing then there might be some criminal intent.
If you want a look into the practices of Massey Energy, read (Vanity Fair contributing writer) Michael Shnayerson’s book “Coal River.”
The fireboss log book/missing page probably means that the fireboss was not doing his job and would probably deflect blame on massey.
Ken,
this is VERY similar to Sago, if you read the transcripts, you can tell that the first fireboss interviewed is combative and likely did not take methane readings as required. It’s the one interview that stands out – there is definitely something wrong there and I’m fairly certain it has to do with him not taking methane readings and checking the seals. Maybe he was combative because he felt like he was being blamed, but all the other interviews, including the ones with the guys that (improperly) constructed the seals were ‘normal’, didn’t raise any red flags like this guys interview did. (the seals were not constructed properly and would not sustain pressures that they were designed to withstand). I’d also note that the guys that constructed the seals, including the foreman, did not become combative when the panel was asking them about whether they failed to construct the seals to spec, whether they used the wrong adhesive, etc. The firebosses interview was a cakewalk in comparison.
The MSHA family issue is not very meaningful. If (and it seems they have) MSHA has established that the mine was evacuated for methane issues based on direct interviews etc then they have already established that the mine was evacuated; immediate interviews based on hearsay knowledge will not add any additional information.
Previous versions of this story say the page missing is from Oct 2009.
blue,
Yes … the original blog post above said October 2009. That was the information I had at the time.
The court document did not state a specific date, but I had been told by sources that it was sometime in October 2009.
Kevin Stricklin later said in an interview on Friday that it was in late September … See this story, http://wvgazette.com/News/montcoal/201005140673 …
On developing stories like this, information often changes as more details become available.
Ken.