Safety Violations At Massey Mines Skyrocket: 130 In Week Since Accident

In the week since the nation's worst mine disaster in decades took the lives of 29 miners at the Upper Big Branch mine in West Virginia, the number of safety violations found by government regulators at mine owner Massey Energy's other operations has skyrocketed.

The Mine Safety and Health Administration cited 130 "significant and substantial" violations at dozens of Massey's mines from April 6 to April 14, according to a HuffPost analysis of MSHA records. That exceeds the number of violations found at those same mines for the entire month of March. Four of those violations involved ventilation plans which are intended to help prevent explosions and are designed "to control methane and respirable dust and shall be suitable to the conditions and mining system at the mine" -- the Upper Big Branch mine was repeatedly cited for such violations and was penalized $136,142 in January.

In total, the agency found 460 violations at Massey's mines, which exceeds the 351 violations at those same mines in March. Such S&S violations are considered much more serious, because they present a direct risk to the health and safety of mine workers.

Shockingly, almost half of the safety violations were found at just one Massey mine -- Mine #1, an underground mine operated by Massey subsidiary Freedom Energy Mining Company in Pike County, Kentucky. Two of the violations (MSHA code 75.370) concerning ventilation plans were found at this mine. That mine has amassed more than 3,000 violations since 2005 and incurred $3 million in proposed penalties, reports the Louisville Courier-Journal, though its non-fatal injury rate has been below the national average. (In addition, the Washington Independent has been keeping a running tally of violations at Massey mines.)

The numbers seem a clear indication of how unsafe the conditions are at many mines and a reflection of the Mine Safety and Health Administration's more aggressive posture since the tragic accident. In the wake of the tragic explosion, President Obama and federal regulators vowed to crack down on safety violations at mines across the country. The administration has been under pressure to respond forcefully since it was revealed that Massey had repeatedly been slapped with safety violations but was able to avoid closure by repeatedly contesting the citations.

Though the total number of violations did not surprise United Mine Workers Of America spokesman Phil Smith, he was alarmed at the number of serious violations found at Massey's mines.

"That is very concerning," Smith told HuffPost. "It's pretty clear to me that something is going on at Massey and the problem could even be worse. When MSHA goes into mines, our safety folks travel with the inspectors but a Massey mine [the company is not unionized], there are no workers accompanying the inspectors, just a Massey rep or nobody."

Smith said the increase in violations also indicates "that MSHA is paying special attention to a proven violator of the law."

A spokesperson for MSHA was not able to answer questions on Thursday evening about the increase in violations.

A spokesperson for Massey referred to the company's online press releases. In response to President Obama's speech today, the company stated its concern that Obama "has been misinformed about our record and the mining industry in general."

In addition, the company noted that MSHA awarded it three "Sentinels of Safety" awards in 2009 and claimed that "most violations are fixed the same day they are discovered."

Comments

[anticapitalist1983]

01:43 PM on 04/30/2010

miners mine the coal, they should own and run the mines themselves.
as long as it's up to bosses, miners' lives will matter less than profits.
OCCUPY!
great video:
http://www.youtube.com/watch?v=vYCJU4rbygo

what the headlines should say:
"capitalist kllls 29 miners in W. Virginia"
http://thetbf.wordpress.com/2010/04/07/safety-at-work/

fight back!!!!

[joecan1]

11:58 AM on 04/16/2010

This is the first time I've seen anyone refer to S&S violations. I worked in mining for 30 years. Over 20 of them underground. One of my jobs all those years was to go with MSHA on inspections. While most of the MSHA inspectors were very good at their job there were some who would go to lunch with the company and their attitudes would change in the afternoon.
If a company recieved an S&S citation. The company Had until the inspector returned to correct the violation or show a reasonable attempt to correct the problem. Then they would be given a certain amount of time to correct it. If MSHA decides that not enough effort is being put forth to correct the problem they can then shut down the mine and the employees have to be paid until the problem is corrected. In the 30 years I worked in the mines, I never saw this done. S&S means substantial and severe.

[lightningbolt]

10:20 AM on 04/16/2010

Massey's workers need to strike urgently. They have two choices: their paycheck or their lives. Which is more important? Will their families be more sad if they lose their life or their paycheck? STRIKE NOW! Grow some balls workers!

[JohnBryansFontaine]

04:19 PM on 04/16/2010

We can start by supporting the Employee Free Choice Act

http://www.aflcio.org/joinaunion/voiceatwork/efca/

http://www.americanrightsatwork.org/employee-free-choice-act/home-102/


and opposing the Owellian named Center for Union Facts:

http://www.sourcewatch.org/index.php?title=Center_for_Union_Facts

[wdw505]

08:34 AM on 04/17/2010

no thanks

[banker67]

12:16 PM on 04/17/2010

I heard one man on a radio show say that he is a miner and that miners typically earn about $50,000 a year. He said, and I believe him, that this is big money in coal country, and that there are few other jobs.
He added that a young man willing to work way more than 40 hours a week can earn as much as $200,000 a year. He admitted it's killer work and dangerous, but he seemed credible.
So strike means giving up considerable affluence (relative) in a place where dire poverty is familiar to all at a time when capital is most pointedly not creating new jobs in any new industries.
It's a lot to give up, and dangerous though the work obviously is, I wonder if the risk is so much higher than that of car commuters doing a 100-mile roundtrip five days a week.
All I'm saying is that I understand why they might not want to strike, especially now that it seems there could be some chance law enforcement will actually, you know, do the job they have been paid to do for decades. Just a chance, but that's still an order of magnitude more than we had under Cheney and whatsisname.

[MizMiner]

03:12 PM on 04/19/2010

The mine I work at is unionized, I can't recall a single contract negotiation where miner safety was ever a part of the discusion from either side. Nor do I recall it mentioned by any of our neighboring mines during their contract negotiations. This goes back to my childhood when my father was a miner as well. All the information presented for review prior to voting for or against a contract concerned pay, benefits, work schedules, seniority protections, apprenticeship programs and disciplinary actions. Not once can I remember safety being a part of the negotiations.

[simpleperson]

09:29 AM on 04/16/2010

This tribute was put together by the Charleston Gazette.


http://media.cnpapers.com/montcoalminers/

[JohnBryansFontaine]

08:38 AM on 04/16/2010

The Massey mine disaster isn't just tragic, it's criminal
By Syndicated columns
By Amy Goodman
April 15, 2010, 5:15AM

"...Massey Energy runs the Upper Big Branch mine in Montcoal, W.Va., where 29 miners were killed last week. The loss of life is tragic, but the UBB explosion is more than tragic; it's criminal. When corporations are guilty of crimes, however, they don't go to prison, they don't forfeit their freedom -- they just get fined, which often amounts to a slap on the wrist, the cost of doing business. No one makes this clearer than the CEO of Massey Energy, Don Blankenship. He has been the bane of climate-change activists and mine-safety advocates for years. This latest mine disaster, if nothing else, will surely bring needed attention to this poster boy for malevolent big business trampling on communities, the environment and workers' rights.

Days after the Massey explosion, Blankenship admitted in a radio interview: "Violations are, you know, unfortunately, a normal part of the mining process ... there are violations at every coal mine in America. And UBB was a mine that had violations." The Charleston (W.Va.) Gazette has consistently reported critically on Massey Energy and Blankenship, prompting him to attack its editors in a November 2008 speech..."

http://www.oregonlive.com/opinion/index.ssf/2010/04/the_massey_mine_disaster_isnt.html

[cruzking2000]

09:23 AM on 04/16/2010

Agreed. CRIMINAL. And in addition to the fines, which should be quadrupled, jail time for the owners, no exception. Since when is human life worth less than a fine?????

[MizMiner]

03:30 PM on 04/19/2010

When you say "no exception" are you saying the owners should be jailed every time one of the miners forgets to honk a pick-up horn before he starts the engine? Or forgets to set the parking brake? Or chooses not to wear his seat belt, even though the company has these safety rules in place?
The majority of MSHA citations are written for things that people are used to doing offsite on their own time. Hazards such as not having all the switches in your breaker box labeled as to what they feed. Or a burned out light bulb in a fixture with 2 working bulbs. Or not closing the lid on a trash can. And so many more similar infractions that a reasonable person would not expect to result in an injury let alone a serious or fatal injury.
Are you truly advocating the owner or ceo be jailed for these violations? I say be very careful what you ask our politicians to do and how quickly you demand they act or else they may pass poorly planned legislation that does not benefit miners at all.

[dmyron]

07:28 AM on 04/16/2010

Interesting headline.But i believe the infractions had already existed for years.End of story..........

[feyangel]

04:38 AM on 04/16/2010

Maybe they should just stick the owners of these unsafe mines down in the shaft and cause an explosion-- so they get to see what an interesting experience being crushed to death or suffocating in the dark is.

[lisakaz2]

01:12 AM on 04/16/2010

Release the Kracken on Massey. They only understand something big. That or forcibly CLOSE their mines. That'll get their attention.

The only alternative: all executives MUST move offices to inside their own mines. Or be closed.

[Angelaaaa]

02:57 AM on 04/16/2010

Oh, I like that - I can just see them setting up their executive offices (complete with canary in cage) at the bottom of the deepest pit.

Or the ninth circle of Hell - kept for traitors.

[mech126]

12:59 AM on 04/16/2010

Obama is misinformed about the mining industry??? How??? You have 29 dead body's, how misinformed to you have to be to "not" understand that???

[feyangel]

04:42 AM on 04/16/2010

I think it is ridiculous to blame Obama for EVERY thing that goes on in every industry and every location in our country. Come on-- he has a kajillion other things that are on his plate everyday-- but you guys want to act like this is REALLY his fault. I am sure it is in the forefront now so he will focus upon it-- but what new national or localized emergency next week will require that that focus be given back to the folks who were in charge of it in the first place-- so he can move on to the next big issue?

This BLAME OBAMA craze is unrealistic and stupid.

[daultman463]

06:27 PM on 04/16/2010

Nobody on the right think it`s obama fault except for a few nutjobs.But it`s not w bush`s fault either.

[KIVPossum]

12:58 AM on 04/16/2010

Seems like th safety inspectors left the corner cafe and are out trying to cover their bu.tts. For 130 violations in a week they should close the mines until they are all brought up to regulations.

[MizMiner]

03:44 PM on 04/19/2010

Might be intersting to see what those 130 citations are. I'd not be surprised to find they mostly are for hazards such as housekeeping, which can be as simple as someone having a pile of extension cords tossed in a pile in the corner of the room. Or a defected equipment citation for something like a busted tail light.
MSHA inspectors are told to never leave an inspection without issuing citations and to write as many as serious and substantial (S&S) as they can. And yes those words were spoken by an inspector. Being directed to write S&S citations explains why the inspectors make statements like this, "well someone could throw a sticky soda can in that trash can and that could attract bees and a miner alergic to bees could walk by and get stung and he could even die so I guess I'll be writing that missing trash can lid up as an S&S."

[TJCole]

12:50 AM on 04/16/2010

LOL....!!!!!!!!!!!!!!!! "Clean Coal....".........LOL...!!!!!!!! Murderers....!!!!!!!!!!!!!! Bush....!!!!

48 mines are just as dangerous.....and people are against Unions...LOL.....

[mech126]

01:01 AM on 04/16/2010

It sure makes you wonder!!!
Unions kill jobs,
as they say
but it looks like, that with out unions people die on the job more???
I WONDER WHY???

[TXfemmom]

12:22 AM on 04/16/2010

One has to wonder if Massey carries "dead peasant" life insurance policies on all its' employees, and if so, they may intentionally permit conditions to exist because they would actually make money on the death of a miner. Someone has to investigate and see if they are doing this.

If so, a prosecuting attorney could make a case that Massey has intentionally and is intentionally, permitting dangerous conditions to be in place in order to profit from these "dead peasant" life insurance policies. That would constitute something akin to second degree murder.

[lisakaz2]

01:09 AM on 04/16/2010

Cosign.

[ufopp]

12:04 AM on 04/16/2010

That company name "Freedom Energy" is a great Orwellian twist.

[mech126]

12:27 AM on 04/16/2010

It does make one wonder, don't it?

[cruzking2000]

09:26 AM on 04/16/2010

"Freedom Energy" -- freedom for the owners to do what they want, even if it kills their own employees. Just curious: I wonder how much it's costing the mine NOW?

[sak]

12:00 AM on 04/16/2010

Why are these mines still operating?

With this many safety violations, the mines should be shut down until they are fixed.
AND, the miners should be paid until they go back to work.

Now that is an incentive to follow the rules and stop filing court cases.

[ChangeurMind]

11:57 PM on 04/15/2010

Hey, how did those prayers work out? Oh??? Really? Guess, Jesus doesn't care much for Tea Bags.

[KIVPossum]

12:59 AM on 04/16/2010

Totally uncalled for. Teabaggers or commies, it makes no difference to the families that lost a loved one.