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Obama On West Virginia Mine Explosion: Fault Lies With Mine Owners And Government, Too

Obama

First Posted: 06/15/10 06:12 AM ET Updated: 05/25/11 05:10 PM ET

President Obama, after meeting with his top labor and mining safety officials, declared today that last week's devastating mine explosion was triggered by failures on the part of the mine's owners -- but also of the government agency charged with overseeing the industry.

Obama called Labor Secretary Hilda Solis and Mine Safety and Health Administration (MSHA) director Joe Main to the White House to deliver a preliminary report on the huge blast last week that killed 29 workers at Massey Energy's Upper Big Branch Mine in West Virginia -- the worst mining disaster in 30 years.

After the meeting, he ordered the an immediate re-inspection of all mines with troubling safety records.

He also warned of possible criminal action against Massey Energy. "Owners responsible for conditions in the Upper Big Branch mine should be held accountable for decisions they made and preventive measures they failed to take. And I've asked Secretary Solis to work with the Justice Department to ensure that every tool in the federal government is available in this investigation."

"The people of West Virginia are in our prayers," Obama said. "But we owe them more than prayers. We owe them action. We owe them accountability. We owe them an assurance that when they go to work every day, when they enter that dark mine, they are not alone. They ought to know that behind them there is a company that's doing what it takes to protect them, and a government that is looking out for their safety....

"This this investigation is ongoing, and there's still a lot that we don't know," he said. " But we do know that this tragedy was triggered by a failure at the Upper Big Branch mine -- a failure first and foremost of management, but also a failure of oversight and a failure of laws so riddled with loopholes that they allow unsafe conditions to continue....

"We can't just hold mining companies accountable -- we need to hold Washington accountable," he said. "And that's why I want to review how our Mine Safety and Health Administration operates. "

Although Joe Main, Obama's appointed mine-safety director, is a former Mine Workers Union health safety official, Obama noted that "for a long time, the mine safety agency was stacked with former mine executives and industry players" and he suggested that "we need to take a hard look at our own practices and our own procedures to ensure that we're pursuing mine safety as relentlessly as we responsibly can."

But he blamed Congress, not the executive branch, for the well-known loopholes whereby Massey Energy and other mine operators with dubious safety records nevertheless escaped greater oversight simply by contesting their violations.

He said he had directed his staff to ask Congress "to strengthen enforcement of existing laws and close loopholes that permit companies to shirk their responsibilities."

His only acknowledgment that MSHA could have addressed that loophole on its own came in his request to Solis that she "streamline the rules" for putting mining companies with a pattern of violations on a stricter inspection regime.

"I think we all understand that underground coal mining is, by its very nature, dangerous," Obama said. "Every miner and every mining family understands this. But we know what can cause mine explosions, and we know how to prevent them. I refuse to accept any number of miner deaths as simply a cost of doing business."

Left unresolved, among other issues, is whether MSHA will start publicly disclosing more information about its mine inspections and investigations. A Bush-era clampdown, still in effect, has prevented journalists, miners advocates and miners themselves from getting detailed information about mine-safety violations -- information that could have called more attention to Massey's violations before the explosion.

Solis issued a statement after the meeting:

"Over the past week, I have spent time with the families of the mine workers who were killed at the Upper Big Branch mine.


"The miners who perished were husbands, fathers, sons, brothers, uncles, nephews or a friend to someone.

"These men worked hard to put food on the table and support their families. They lived by a simple covenant: If they worked hard and did a good job, their employer would do everything necessary to maintain the highest safety standards so they could go home to their families after every shift.

"The best way that we can honor these men is for the Mine Safety and Health Administration to do its job with the utmost integrity and thoroughness. As the president has said, the Department of Labor and MSHA will be conducting a systematic and comprehensive investigation into what caused this tragedy. While this investigation is underway, we will look to strengthen enforcement of our existing laws and close loopholes that allow companies to avoid their responsibilities. I gave the president my word that this will happen. I am telling the families the same thing.

"Although details of the catastrophe are unclear at this time, we do know this: Mine explosions are preventable. Miners do not have to sacrifice their lives for their livelihood. And every miner, at every mine, after every shift, can and should come home to his or her family safe and whole."

UPDATE: Here is the full text of Obama's remarks in the Rose Garden:

Good morning, everybody. On April 5th, the United States suffered the worst mine disaster in more than a generation. Twenty-nine lives were lost. Families have been devastated. Communities have been upended. And during this painful time, all of us are mourning with the people of Montcoal and Whitesville and Naoma and the Coal River Valley. The people of West Virginia are in our prayers.

But we owe them more than prayers. We owe them action. We owe them accountability. We owe them an assurance that when they go to work every day, when they enter that dark mine, they are not alone. They ought to know that behind them there is a company that's doing what it takes to protect them, and a government that is looking out for their safety.

In the immediate aftermath of the tragedy, I asked the officials standing with me -- Labor Secretary Hilda Solis, and Joe Main and Kevin Stricklin with the Mine Safety and Health Administration -- to lead an investigation into what caused the explosion at Massey Energy Company's Upper Big Branch mine. I asked them to report back with preliminary findings this week.

We just concluded a meeting, where they briefed me on their investigation. I want to emphasize that this investigation is ongoing, and there's still a lot that we don't know. But we do know that this tragedy was triggered by a failure at the Upper Big Branch mine -- a failure first and foremost of management, but also a failure of oversight and a failure of laws so riddled with loopholes that they allow unsafe conditions to continue.

So today I've directed Secretary Solis, Assistant Secretary Main, and Administrator Stricklin to work closely with state mining officials to press ahead with this investigation -- so we can help make sure a disaster like this never happens again. Owners responsible for conditions in the Upper Big Branch mine should be held accountable for decisions they made and preventive measures they failed to take. And I've asked Secretary Solis to work with the Justice Department to ensure that every tool in the federal government is available in this investigation.

But this isn't just about a single mine. It's about all of our mines. The safety record at the Massey Upper Big Branch mine was troubling. And it's clear that while there are many responsible companies, far too many mines aren't doing enough to protect their workers' safety.

And that's why yesterday Governor Manchin announced that West Virginia miners will take this Friday off from coal production so they can mourn their loss, but also reevaluate safety procedures. He also called for additional inspections in West Virginia mines. The federal government is taking sweeping actions as well. Starting today, we'll go back and take another look at mines across this country with troubling safety records, and get inspectors into those mines immediately to ensure they aren't facing the same unsafe working conditions that led to this disaster.

Second, I've directed Secretary Solis, Assistant Secretary Main, and Administrator Stricklin to work with Congress to strengthen enforcement of existing laws and close loopholes that permit companies to shirk their responsibilities.

Stronger mine safety laws were passed in 2006 after the Sago mine disaster. But safety violators like Massey have still been able to find ways to put their bottom line before the safety of their workers -- filing endless appeals instead of paying fines and fixing safety problems.

To help ensure that mine companies no longer use a strategy of endless litigation to evade their responsibilities, we need to tackle the backlog of cases at the Mine Safety and Health Review Commission.

And to help hold companies accountable, I've also asked Secretary Solis to streamline the rules for proving that a mining company has committed a pattern of violations -- so that we can empower the mine safety agency to take essential steps to keep miners safe. If a mining company consistently violates safety standards, they should be subjected to the tougher enforcement that comes with being placed on an updated Pattern of Violations list.

Third, we can't just hold mining companies accountable -- we need to hold Washington accountable. And that's why I want to review how our Mine Safety and Health Administration operates. For a long time, the mine safety agency was stacked with former mine executives and industry players. The industry [sic] is now run, I'm proud to say, by former miners and health safety experts like Joe Main and Kevin Stricklin. Even so, we need to take a hard look at our own practices and our own procedures to ensure that we're pursuing mine safety as relentlessly as we responsibly can. In addition, we need to make sure that miners themselves, and not just the government or mine operators, are empowered to report any safety violations.

I think we all understand that underground coal mining is, by its very nature, dangerous. Every miner and every mining family understands this. But we know what can cause mine explosions, and we know how to prevent them. I refuse to accept any number of miner deaths as simply a cost of doing business. We can't eliminate chance completely from mining any more than we can from life itself. But if a tragedy can be prevented, it must be prevented. That's the responsibility of mine operators. That's the responsibility of government. And that is the responsibility that we're all going to have to work together to meet in the weeks and months to come.

Thank you very much, everybody.

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President Obama, after meeting with his top labor and mining safety officials, declared today that last week's devastating mine explosion was triggered by failures on the part of the mine's owners -- ...
President Obama, after meeting with his top labor and mining safety officials, declared today that last week's devastating mine explosion was triggered by failures on the part of the mine's owners -- ...
 
 
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01:09 PM on 04/18/2010
Dealing with Massey Energy

Massey Energy is a business oligarchy . Unions are elected oligarchies. The government mine safety regulators are bureaucratic oligarchy. All three oligarchies failed and 29 died. All three oligarchies must be fired. Here’s how.

A new Massey enterprise is formed consisting of a “second chamber” of governance as check and balance to Massey existing corporate management. A sortition chamber of employees is empowered with half the governing influence of the Massey board. A two chamber, two approval, congress-like governance is initiated at Massey. Of course, board and corporate officers are not part of the sortitioned chamber. The details of reorganization are responsibility of the justice department.

This business model benefits from the advantages of an oligarchy and democracy. This structure is not entirely “union/employee” and not entirely “management”. It is a functioning hybrid taking advantage of oligarchy and democratic strengths.

This business model is revolutionary reform of corporate business structure.

When 29 die, it’s time for a revolution. It’s not time for tired oligarchy legal battles endlessly cluttering the courts. Fines don’t cut it. Large settlements don’t cut it. Revolutionary change at Massey cuts it.

If oligarchy won’t go to democracy. Bring democracy to oligarchy.

Citizen is coach to team democracy. Coach is responsible for success. It’s your call, coach.
http://coach-1640280.newsvine.com/
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HUFFPOST SUPER USER
JohnBryansFontaine
Liberal Democrat
07:55 PM on 04/16/2010
Which other judges are Blankenship and the Chamber of Commerce buying?
By: Jason Rosenbaum
Firedoglake
April 16, 2010 11:06 am

"...Don Blankenship, owner of what almost amounts to a company that regularly commits serial murder, Massey Energy, is also on the board of the Chamber of Commerce. In that position, he gets to determine how the Chamber spends its money. One of the things the Chamber spends it on is buying judges:

In the most famous instance, Blankenship poured $3 million of his own money into a campaign to elect Brent Benjamin to the West Virginia Supreme Court of Appeals. When a case involving Massey Energy came before Benjamin in 2007, the plaintiff, Hugh Caperton, petitioned to have Benjamin recused from the case on the grounds that the extraordinary sums spent by Blankenship – more than any other spending by Benjamin supporters and Benjamin’s campaign put together – represented a conflict of interest. Benjamin refused, Caperton appealed, and in 2009 in the decision of Caperton v. A.T. Massey Coal Co., the Supreme Court ruled that Caperton was denied due process do to the extreme conflict of interest presented by Blankenship’s spending.

But West Virginia isn’t the only place Blankenship meddles in judicial elections. As a board member of the Chamber of Commerce, he gets a direct hand in how they spend their money. And over the last decade, the Chamber has spent over $50 million to elect judges..."

http://seminal.firedoglake.com/diary/41223
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Icecube
NFC East. Pick your poison.
11:02 AM on 04/16/2010
Fair enough. At least he did not blame one or the other.
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HUFFPOST COMMUNITY MODERATOR
tacevad
American SS Card Carrying Socialist
06:23 PM on 04/15/2010
Regulations :clearly written without loopholes
Oversight : including open channels from miners to the government and honest inspectors not beholding to mine owners
Enforcement :set the fine equal to the cost of the safety improvement plus 10%

it is overdue that companies learn that in America Safety does indeed come first
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HUFFPOST SUPER USER
andiannj
05:32 PM on 04/15/2010
Blankenship can't afford to spend money on little things like mine safety, but he's got millions to give to the Tea Party, GOP, and W V's supreme court.

http://news.infoshop.org/article.php?story=2010massey-queen
"Sure enough, several months ago Alternet listed Blankenship and Massey in a rogue’s gallery of corporate malefactors. Massey’s mountaintop removal operation was fined $50 million by West Virginia courts for polluting its neighbors. But hey, if you can afford to spend $3 million replacing an unfriendly justice with your own stooge, running attack ads (he “released sexual deviants”) that would make Lee Atwater or Karl Rove proud, those pesky fines are easy enough to deal with. (Blankenship was spotted in Monte Carlo a few months later partying with yet another buddy on the Supreme Court.) $3 million to buy a Supreme Court justice, to overturn a $50 million fine from a lower court — that’s what I call a pretty good return on your money. It reminds me of all those colorful stories about railroads buying legislators and Congressmen wholesale back in the Gilded Age...

...Blankenship, it seems, is also a major corporate Tea Party sponsor, appearing at last year’s Labor Day Tea Party with the charming duo of Sean Hannity and Ted Nugent."
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HUFFPOST COMMUNITY MODERATOR
jayraye
05:11 PM on 04/15/2010
A miner was leaving his home for his work
When he heard his little child scream
He went to the side of his little girl's bed
She said, "Daddy, I've had such a dream."
I dreamed that the mines were all raging with fire
And the men all fought for their lives
Just then the scene changed and the mouth of the mine
Was all covered with sweethearts & wives.
Oh, daddy, don't go to the mines today.
For dreams have so often come true
My daddy, my daddy, please, don't go away
For I never could live without you. Dream of a Miner's Child, performed by Doc Watson
04:34 PM on 04/15/2010
It is we who plowed the prairies; built the cities where they trade;
Dug the mines and built the workshops, endless miles of railroad laid;
Now we stand outcast and starving midst the wonders we have made;
But the union makes us strong.

Solidarity Forever
by Ralph Chaplin
04:14 PM on 04/15/2010
Hopefully with this new administration something will actually get done this time. I trust Solis. And it sure sounds like Obama is not mincing words. Unlike Joe Manchin, the governor of WV who is always sweeping the blame somewhere else. I heard him propose an inspector at every mine. What for? It wasn't for lack of inspections or citations. There were plenty of those. If you can't or won't identify the problem, you'll never solve it. This man is a sorry excuse for a governor. So hopefully now, the federal government will go over his sorry head.
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HUFFPOST SUPER USER
sidplicity
Time flies like an arrow, fruit flies like a banan
03:44 PM on 04/15/2010
These deaths lie at the feet of Elaine Choa and Mitch McConnel who have been covering for Massey for years.
This user has chosen to opt out of the Badges program
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03:20 PM on 04/15/2010
"Third, we can't just hold mining companies accountable -- we need to hold Washington accountable. And that's why I want to review how our Mine Safety and Health Administration operates."

Obama apologizes for the mining industry to socialize, make-public, the costs and privatize the profits.
03:26 PM on 04/15/2010
Ofcourse...haven't you seen this move before. Never mind that there were safety regulations at the mines that weren't being followed beccause of lack of government regulatory oversight....

No - the answer must be government takeover....ofcourse!
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HUFFPOST SUPER USER
JohnBryansFontaine
Liberal Democrat
08:02 PM on 04/16/2010
The safety regulations at the mines that weren't being followed because Don Blankenship and Massey Energy opposed and willfully ignored them.
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HUFFPOST COMMUNITY MODERATOR
Vige
Trickle down fantasy lie, Tinkled on a reality.
04:36 PM on 04/15/2010
No don't want to take over the business, just want to put the CEO Blankenship in jail for the rest of his life for 29 counts of murder for profit.
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HUFFPOST SUPER USER
Sandra Stipp
03:10 PM on 04/15/2010
Question: Why are we still mining coal anyway? I thought America is going "green". Coal is nowhere close to being "green". Filthy, stinky stuff. I know because I lived in the Scranton, Pa. for years.
HUFFPOST SUPER USER
masher
software engineer
04:10 PM on 04/15/2010
Because its very profitable and the US government shields the coal companies from responsiblity for the waste it dumps on our private property. So the coal company and dump mercury in your air, water, and soil and the Obama(like Bush) will shield them.

Of course you shouldn't try to do that. They will go after you.
03:04 PM on 04/15/2010
There he goes again...stating the obvious...Have you ever seen a prior President blame so many people before?....(cops, car executives, greedy bankers, doctors- who take out tonsils when it is only allergies and now management at the mines)...
03:15 PM on 04/15/2010
...i forgot the CIA (although he gave them a pep talk a day after criticizing them)...
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HUFFPOST SUPER USER
wonmean
University of Michigan Class of 2010
03:19 PM on 04/15/2010
Yes.
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HUFFPOST SUPER USER
Chuckie Corra
02:58 PM on 04/15/2010
agreed, but lets worry less about who is at fault and more about fixing the problem at hand. Playing the blame game isn't the way to solve the problem
HUFFPOST SUPER USER
masher
software engineer
04:12 PM on 04/15/2010
Is the root cause of a flu the virus or the fact that you ran around naked in a snow storm?

Yes, the virus is the problem but can you fix it? No. There is no cure for the common cold. But you can stop running around naked in a snow storm like an idiot.
04:19 PM on 04/15/2010
Annnd, what does running around in a snow storm have to do with catching a cold?
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HUFFPOST COMMUNITY MODERATOR
Vige
Trickle down fantasy lie, Tinkled on a reality.
04:43 PM on 04/15/2010
Wash your hands for a pound of prevention.
02:49 PM on 04/15/2010
Somewhat off thread: Pope Benny & his Church would do well to follow Pres Obama's example & AA's 12 steps., "When you're wrong, promptly admit it.".
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02:32 PM on 04/15/2010
An MSHA Compliance Officer has the power to shut down dangerous mines on the spot to protect the lives of miners if an imminent hazard is seen during an inspection. MSHA administrators in DC have failed to use this very effective method of obtaining compliance with the laws protecting miners. Instead they have decided to assure the mine owners unlimited due process so as to avoid their statuatory responsibility to act as an advocate for the miners' safety. A concerted effort by mining companies to delay compliance by contesting citations for safety and health conditions has effectively checkmated the regulators at MSHA. They continue to put a rather low value on the life of a miner when production and profits are at stake.
The ol' gubmint has a passle of laws an' rules they could be usin' to protect taxpayers from unbridled corporate greed. I'm a thinkin' we are all miners now.
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masher
software engineer
04:13 PM on 04/15/2010
So its not the corporation's fault but ours? Nice way to make no one responsible.