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Massey Put Profits Before Workers At Upper Big Branch Mine, Investigator Says

Upperbigbranch

First Posted: 05/19/11 04:02 PM ET Updated: 07/19/11 06:12 AM ET

NEW YORK -- The lead investigator examining the Upper Big Branch Mine tragedy lambasted coal company Massey Energy Thursday for failing to ensure the safety of the 29 workers who died in its West Virginia mine last year.

"I don’t know how you could have assembled a worse record than the record they have assembled in the last few years," Davitt McAteer, the chair of the West Virginia Governor’s Independent Investigation Panel and a former federal mine safety chief, told reporters in a conference call. Regarding any safety improvements since the disaster, McAteer said, "It does not appear the culture has changed at Massey. That is most unfortunate."

McAteer's report, released to victims' families and then the public Thursday morning, outlined a series of safety failures by both Massey and federal and state regulators in the lead up to the April 5, 2010 explosion. Investigators accused the company of putting profits before the welfare of its workers, saying it had a "corporate mentality" that made the "drive to produce coal" its top priority.

According to the report, Massey's critical failures included poor ventilation inside the mine, a dangerous buildup of coal dust underground, outdated and poorly maintained equipment and basic safety checks that went ignored. The buildup of coal dust can be treated with a process known as "rock dusting," but the report said Massey failed to dust as much as it needed to.

"Miners testified that the rock dusting was inadequate in an ongoing basis at this mine," McAteer said. As for Massey's previous assertion that the explosion was due to a buildup of natural gas, McAteer said the evidence pointed elsewhere. "The footprint that we found underground is a footprint of methane and coal dust -- not a footprint of natural gas."

McAteer noted that about three-quarters of the victims whose bodies could be examined showed signs of coal workers' pneumoconiosis, commonly known as black lung disease. When compared with the U.S. average of 3.2 percent, McAteer said the rate among the deceased was "astonishing and disturbing" and "needs to be further investigated."

Massey's overall safety system, investigators wrote, amounted to little more than "window dressing."

Celeste Monforton, one of the investigators on McAteer's team, told The Huffington Post that Massey's safety failures were partly the result of its deeply embedded corporate culture. "We make the assertion that what became normative behavior there at the mine is what outsiders would call deviant behavior," Monforton said.

As for the report, Monforton said, "I'm not sure Massey is going to like it."

Massey posted an initial response to McAteer's report on Thursday at its website. The company said it still disagrees with McAteer's fundamental assertion that the explosion was fueled by a buildup of coal dust. "Again, we believe that the explosion was caused by a massive inundation of methane-rich natural gas. Our experts feel confident that coal dust did not play an important role."

Massey declined to provide additional comment.

The investigators' criticism wasn’t reserved for Massey alone. Regulators with both the Mine Safety and Health Administration (MSHA) and West Virginia's Office of Miners' Health Safety and Training failed in their duties as watchdogs, in part because of poor funding and low staffing, according to the report.

When speaking with reporters, McAteer argued systemic change was needed in the American approach to mine safety -- both by mining companies and the government agencies tasked with overseeing them. Many of the safety recommendations made in the Upper Big Branch report, he noted, had been put forth in previous reports on earlier tragedies, such as the 2006 Sago mine disaster, also in West Virginia.

"The mining industry must step forward and change the way business is being done," McAteer said. "We have to get the industry in its entirety to agree and accept and understand the importance of these protections and make sure those protections are put in place."

Part of the problem, McAteer said, was a persistent "disconnect" between the boardrooms of mining companies and the mines where workers put their lives on the line. Noting that it was hours before Massey even knew how many miners were underground as the tragedy was unfolding, McAteer also said the coal industry needs to get itself "out of the stone ages" and start using technology that can help safeguard its workers.

"Coal will be here for a period of time," McAteer said. "That's a good thing. But it can't be a good thing if there's reckless disregard for the safety of miners."

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NEW YORK -- The lead investigator examining the Upper Big Branch Mine tragedy lambasted coal company Massey Energy Thursday for failing to ensure the safety of the 29 workers who died in its West Virg...
NEW YORK -- The lead investigator examining the Upper Big Branch Mine tragedy lambasted coal company Massey Energy Thursday for failing to ensure the safety of the 29 workers who died in its West Virg...
 
 
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11:32 AM on 05/23/2011
Really interesting segment on Democracy Now this morning with J. Davitt McAteer, who oversaw the just-released Massey probe. He spoke in depth about Massey's many violations and Massey's "attempt to control West Virginia's political system." Check it out here: http://www.democracynow.org/2011/5/23/massey_energy_guilty_west_virginia_probe
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Max Shelby
Purveyor of tar and feathers
01:03 AM on 05/21/2011
It's really disappointing to see so few comments on this issue.
05:44 PM on 05/31/2011
I know...ive been following this one for a while, and i had to search massey to find any story as they have fallen off the front pages. Im kinda surprised that all the legal stuff going on isnt on the front because theres great new stuff every couple of days from this story. Maybe if they can get the rest of the legal documents released itll get some coverage. I personally would like to hear some words from the manager of the california teachers pension. Seriously why invest peoples Pensions in an Energy company with outstanding fraud cases!!!
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PamperedHousecat
Dogs drool, cats rule
10:43 PM on 05/20/2011
I use to know a lady from WV.
Lovely person. She was of the opinion that "if people didn't want to get killed, then they shouldn't take a job in a mine in the first place".
Problem was, she was a high school teacher, and there were those who said the same thing about her profession..."you teachers shouldn't worry about money, you're suppose to be there for the children".
It is interesting (if not kinda sad), that many of us don't have the same compassion and empathy for others that we want for ourselves.

A retired minister at a church I use to attend once said, "If we all would just follow the Golden Rule, "Do unto others as you would have them do unto you", we would never need ANY other rules."
Unfortunately, that also goes for opinions about the work/hardships of others.
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PathofTotality
Regret serves no purpose
02:39 PM on 05/20/2011
"Massey posted an initial response to McAteer's report on Thursday at its website. The company said it still disagrees with McAteer's fundamental assertion that the explosion was fueled by a buildup of coal dust. "Again, we believe that the explosion was caused by a massive inundation of methane-rich natural gas. Our experts feel confident that coal dust did not play an important role."

"we believe"
"Our experts feel"


Translated - we have no clue and are guessing.
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Republicanistan
Ignorance is Strength in Baggerstan
11:51 AM on 05/20/2011
Blankship the Mur.der.er all for a few bucks.

The worship of Mammon, covered by donations to Gawd Fearin' Republicans.
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jkkFL
microbio refusé, je vous refusez
10:58 AM on 05/20/2011
Just like everyone else- they'll be fined; take the fine to court, get it cut to pennies on the dollar- then, business as usual.
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njgal4obama
All others will be towed.
10:29 AM on 05/20/2011
...and?

This story isn't over until some real rich folks are in jail for manslaughter. Or at least reckless endangerment.

Prosecution is not mentioned in the article.
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Patriot86
Compassion is the basis of all morality.
10:24 AM on 05/20/2011
Good, now it is time for prosecutions-serious jail time is warranted for these murd_derers.
09:47 AM on 05/20/2011
Many American corporations see their employees as interchangeable and expendable commodities to be used and disgarded to satisfy shareholders and insure CEO bonuses, all at the lowest cost and expense of the worker.
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jkkFL
microbio refusé, je vous refusez
11:05 AM on 05/20/2011
Of course- look haw many need a job; the worker is expendable in any industry. In TX, BP actually compared cost effectiveness of advanced safety vs cost of workers lost in an 'accident' and decided it was most cost effective to pay for dead workers.
That was in 2005, they've had more since then- and then there's the Gulf spill...
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09:13 AM on 05/20/2011
But of course, who cares about poor, uneducated rural people? Aren't they disposable? That's been the mantra of big business for years, in the U.S. as well as Mexico, SE Asia, India, and anywhere people can be worked to death and environments destroyed.
08:09 AM on 05/20/2011
This would be a better report if it included informatio on how much Massey spends on lobbying and political donations.
01:06 AM on 05/20/2011
Massey Energy should be shut down until they comply with safety standards. Of course, that won't happen, business will go on as usual, and their despensible workforce will continue to die. Oh, I forgot to mention that they can spend a large amount of their profits on electing their good buddies, the Republicans, in the next election cycle. Seems to me that's a lot of blood on a lot of hands.
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01:04 AM on 05/20/2011
"corporate mentality"
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LeLoup
Res ipsa loquitur, ergo tace!
12:13 AM on 05/20/2011
Can these regulators stop wasting our time? We already knew the gist of who Massey is. None of what is in this report can possibly surprise those who can read and think.

While we're at it, what are the chances that anyone from upper management will be prosecuted, let alone convicted of criminal negligence here?

1% ?

What's that you say? 0.001% ?

The USSR was supposed to be the workers' paradise. Turns out the USA really is the corporations' paradise.

I wonder what will the President, those senators from Coal Country and the governor have to say to the families of the victims, this time?

"Tough luck?"
"Go away?"
"Don't call us we'll call you?"

How long do the US elites think such contempt can last w/o severe social disturbances?
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happylonersarah
Of all the Planets, WHY was I born on this one?
10:45 PM on 05/19/2011
Well duh. "Corporate mentality", "profit before the welfare of its workers". That is what corporations do. And yet we keep deregulating, and destroying unions. GOPers want us to believe that corporations will do the right thing, and that there needs to be little if any oversight. I wonder how many of the families of these men, feel the same way?

Sadly, I fear nothing will be learned from this tragedy or others past or future.
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adrianrf
Another job-creating immigrant
02:42 AM on 05/20/2011
sadly, real learning and real change looks unlikely to happen here in the US until after we replicate the Arab Spring.

we are apparently locked into a pathway of increasing contempt by the wealthy elite for ordinary Americans, increasing impunity for corporations, and increasing corruption among politicians and judiciary - and that path ends only after several million ordinary Americans reach the point of sufficient desperation to march, to face down a vastly-expanded police state, and to refuse to yield - just as we saw in Wisconsin.

here's hoping our own crisis unfolds more like Egypt than Libya and Syria.