Massey shifts to ‘Act of God’ mode on mine disaster

July 22, 2010 by Ken Ward Jr.

This photo released by Massey Energy shows what the company says was a large crack in the floor that could have released methane into the mine. The photo also shows part of the longwall mining machine.

Well, Massey Energy has shifted into what I’ll call “Act of God” mode in full force today, blaming the Upper Big Branch Mine Disaster on a gigantic outburst of methane into the mine that company officials say there was little — if anything — they could do to control.

First, the company issued this press release, this morning to describe what it called an “Unexpected release of methane gas into the UBB mine” that  “was intense and overwhelming to the normal safety systems.”

Then, Massey officials held a press conference phone call to discuss what it said was new methane data from the Upper Big Branch Mine. They said huge amounts of methane may have flooded into the Raleigh County mine from a crack in the floor, overwhelming the mine’s safety systems and eventually igniting the April 5 explosion that killed 29 workers.

UPDATED:

Several folks have said they weren’t sure where in the photo above the “crack” Massey was talking about is located … so I’m going to post another photo — I believe from a different part of the crack — that Massey distributed that makes it more clear —

As you can see from that photo, the floor appears to have risen up in a cone-like shape and you can see there’s a crack visible along the ridge of the cone.

(So readers understand — I only heard about the press conference from another reporter, and when I tried to call in, the operator told me I wasn’t on Massey’s “approved list” for the call. I was able to sign onto a Webcast, but that allowed me only to listen in, not ask any questions).

This is the graphic Massey released showing methane data for the Upper Big Branch Mine. There’s a larger copy of it available here.

I’ve posted audio of most of the call here

Sorry, but I missed the very first part of the call when I was signing onto the Webcast after being kicked off Massey’s phone call.

To me, though, there were two key exchanges …

First, a Wall Street Journal reporter asked:

Do you think this data and this crack, this hoove in the floor, does it indicate that a natural event beyond the control of the company could have caused this event?

Massey General Counsel Shane Harvey said:

It’s a possibility at this stage.

Then, local TV personality Kennie Bass asked:

Was there an influx of methane gas that was so rapid and so vast that it was a distinct possibility that it caused the explosion and there was no man-made defense that could take care of it?

Again, Shane Harvey responded:

What you said is a distinct possibility but we’re not certain yet.

Now, remember that there were two previous methane outbursts from the Upper Big Branch Mine floor, in 2003 and 2004 … one of them was so bad that it was reported by the company as a gas “innundation” at the the mine. MSHA documents first reported by the Gazette and Coal Tattoo outlined a number of steps that Massey was going to take to deal with this problem and prevent a recurrence … What we don’t know is what — if any — of these steps were actually taken, and what MSHA did about the situation.

I was going to ask Massey about that, but maybe that wasn’t one of their “approved” questions for today’s conference call. Tim Huber at The Associated Press tried to ask about this, though … listen in at the end of the call to hear Massey’s expert, Christopher Schemel, say he wasn’t really familiar with that issue.


13 Responses to “Massey shifts to ‘Act of God’ mode on mine disaster”

  1. Thomas Rodd says:

    These evasions and distortions by Massey are just like past efforts to avoid responsibility and accountability for tragedies like the Buffalo Creek dam break, the Hawk’s Nest Tunnel mass poisonings — and further back in West Virginia history, ad nauseam.

    One thing never changes –always there to put out the PR malarkey are the latest generation of expensively dressed, well-coiffed spokespeople, spinning the company line.

    Could someone ever step up in one of these cases and say: “Whatever happened, the objective facts show that we have — we hope unwittingly — made a horrible mistake – and we are deeply sorry.”

    Never happen. Blame God and move on.

    When I say “ad nauseam” I mean it, because it literally makes me sick — the distorted, negative image of West Virginia that these folks perpetuate. As to blaming God, I think of Thomas Jefferson’s quote: “Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep for ever . . . .”

  2. AaronS says:

    While I haven’t read enough to comment on the story other then to point out that Massey stated the scenario’s were possible and didn’t lay blame, I would like to make two points.

    First, I don’t think I am alone in that I do not believe either Massey or MSHA should be playing this PR game in the media. That is why I believe there should have been an independent investigation focused on obtaining the truth, not trying to point fingers which are what both Massey and MSHA are doing.

    The way I see it, the reason both MSHA and Massey are pointing fingers is because both bear some responsibility in this tragedy.

    My next point is that given the Gazette’s general coverage and Mr. Ward’s specific coverage of Massey Energy and Don Blankenship over the years, I can certainly understand why this paper and all it’s reporters are on the un-approved list at Massey Energy.

  3. Thomas Rodd says:

    A big part of the job of a newspaper is to continuously point out the foibles and errors of the rich and powerful — who have plenty of money to blow their own horns.

    I think it was Jefferson who said that if he had to choose between newspapers and government, to establish liberty, he’d choose newspapers.

    A society that lets people with the literal power of life or death over others refuse to answer questions because they are being posed by severe critics has a good old-fashioned name — tyranny.

    Those questions that Ken quoted were “softball” set-ups that could have been (heck, probably were) written by Massey’s PR people.

    Rich coal operators whose workers die on the job should have to answer the toughest possible questions or face universal condemnation.

    Senator Byrd set a pretty good example of the kind of grilling Blankenship should continue to get, until all of the truth comes out.

  4. j hook says:

    act of god yes i beleive that.but there are methane spotters on your mining equipment.somebody had to bridge this equiptment (methane spotters) out or the machine would have shut off.further more the boss and some of the men should by law have had methane spotters on there body.i talk to a empoloyee that made it out with his life .he worked the last night before easter vacation.they were in a foot of water.they heard the earth crack ran to see what happen and noticed the first thing that the foot deep water was gone.the water went down into the crack and it pushed the methane up into the mine.the methane spotters should have shut the equiptment off soon as they came back after vacation.somebody didnt care to take the chance and did and killed 29 men.

  5. AaronS says:

    Were newspapers of today conducted in the same manner they were years ago Thomas, I might agree with you. But as all most papers are nothing more then mouthpieces for one of the two political parties and this paper can hardly claim fairness regarding their coverage of Massey Energy or Don Blankenship, the Gazette and Ken Ward are owed nothing, particularly when it comes to a phone call made on someone else’s dime.

    And while I agree that Massey should be forced to answer questions, so should MSHA which is just as culpable with their lack of oversight and enforcement. I would go so far as to say that just as Massey Energy personnel should face punishment for their negligence, so should MSHA personnel up to and including those whose failures led to MSHA not seeking a pattern of violations shut down of this mine.

  6. Ken Ward Jr. says:

    AaronS,

    A couple of things I would say in response —

    First, I’m not sure how far you’re going back or what era of newspapers you’re talking about … but newspapers in this country many years ago were far more partisan than they are today. Way, way more partisan.

    And while the Gazette I supposed is considered the “liberal” or “Democratic” paper, I’m sure that there are quite a few Democrats in this state (Sen. Rockefeller and Gov. Manchin, to name two) who don’t really think my coverage of them reflects a bias in their favor.

    I’m not sure you have pointed out any specific examples of what you believe was inaccurate or unfair coverage of Massey Energy or Don Blankenship by me or by my newspaper. If you would like to cite such examples, I’m happy to take a look at them and try to respond to your concerns.

    Finally, though, I do want to agree very strongly that MSHA should be made to answer questions here as well … and I think any reasonable reading of my blog and my newspaper stories would cause one to conclude that I am doing my best to try to hold them accountable.

    Thanks for reading and for your comment, Ken.

  7. WEST VIRGINIAN says:

    Poor ole’ GOD, everything bad that happens he gets the blame.

    Everything good that happens the Politicians get credit.

  8. Phil Smith says:

    Not on Massey’s approved list, eh Ken? Wear that badge with pride. Why would you want to be?

  9. WV Girl says:

    I wish people would quit blaming MSHA. If the record shows that msha knew the mine was dangerous and did nothing that would be understandable. The record shows to the contrary that msha was using every enforcement tool they had. The mine had a excessive number of orders and citations. Yes this indicates that the mine did not take safety seriously but msha was doing everything that they could from the look of it. MSHA has to inspect every mine four times a year so the inspector is only there several weeks a year. If a cop patrolled a road 4 times a year and u could tell when the cops patrol of the road was over for the quarter and the cop would not be back till next quarter cause he is patrolling another street. How is it the cops fault then if people speed on the street he is not on… Now on the other hand if the cop allowed people to speed without issuing tickets then i could see the cop share the blame. And a cop has ALOT more authority than an inspector…The cop can arrest you. The inspector can write you a ticket that you have to fix but as soon as it is fixed the ticket is gone until you get fined a year later… MSHA may have played a role only if they overlooked violations and the record seems to indicate otherwise. If msha has a flaw i would say it is in the use of the pattern that has never ever been used due to noone knows how to use it yet…Some speeders are going to speed no matter how many tickets they get.

  10. mexico says:

    message for j hook,
    the men at ubb did have spotters they worked dayshift and the mine was fire bossed i agree it was an act of god i disagree though with the fact that the water pushed the methane out because the mine would have been evacuated if the gas was detected methane is lighter than air so it rises the crack would have been instant and the gas would have showed up quick and even if the machines did shut off anything could have ignited the gas no one will ever know what exactly happened we can only guess and hope that stricter laws are made and harsher consequences for those mines who dont follow the laws

  11. greg says:

    Calling for someone other than MSHA to investigate this explosion is about the same as the group put together to study the Kennedy shooting. When you have a crime you call the police.

  12. Scott14 says:

    Ken, while we don’t always agree on your position on a number of coal related issues, Massey is wrong in not allowing you to ask questions. You are in good company as a reporter. Im reminded of a quote from General William T Sherman that im quite fond of. It is said that he hated 3 things. Deserters, pasifists, and above all reporters. He regarded them as spys and should be treated as such. The quote im fond of is this. “I could kill all reporters and there would be news from hell before breakfast” So keep up the good work.

  13. Don says:

    Southwest Airlines has just add mechanical failures to their list of “acts of God” that allow them to cancel flights without compensating passengers. This could be a new trend.

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