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Upper Big Branch Mine Disaster Was 'Preventable': Feds

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First Posted: 06/29/11 01:54 PM ET Updated: 08/29/11 06:12 AM ET

WASHINGTON -- The federal agency tasked with overseeing mine safety released on Wednesday its preliminary findings on the Upper Big Branch Mine disaster that claimed 29 miners in West Virginia last April, painting a damning picture of the mine operator and its parent company, Massey Energy.

Although the Mine Safety & Health Administration has not finalized its report, officials said in a public presentation that the initial blast appears to have started because of a modest amount of methane gas in the mine, but it quickly turned into a massive explosion due to the preventable buildup of coal dust. The mine operator ignored chronic safety hazards such as poor ventilation and equipment malfunctions, and management failed to officially record known problems and properly train miners taking on new jobs, according to officials.

Officials said that the company ultimately put production before its miners' well-being, going so far as to threaten workers who held up coal production because of safety concerns.

In a videotaped statement aired at the public hearing in West Virginia, Department of Labor Secretary Hilda Solis said plainly, "The tragedy at Upper Big Branch was preventable."

Massey officials have said in the past that the explosion was the result of a natural disaster -- a position the company has maintained in recent months even as it's been undermined by official probes. Investigators carrying out an independent examination on behalf of the West Virginia governor's office last month shared findings similar to MSHA's, ultimately saying Massey ignored chronic safety hazards leading up to the deadly blast.

As he walked the public through the agency's investigation Wednesday, Kevin Stricklin, MSHA's administrator of coal mine safety and health, said that the explosion "could and should have been prevented by the mine operator." Stricklin said that the investigation so far has been extensive, leading to interviews with 266 people, some 84,000 pages of documents, and more than 1,000 pieces of physical evidence.

Among Stricklin's more inflammatory disclosures was the fact that Upper Big Branch managers kept two sets of records -- one book that included the mention of known safety hazards, and a more official book that did not.

"If a coal mine wants to keep two sets of books, that’s their own business," Stricklin said. "They can keep five books if they want. But they're required to list all the hazards in the official book."

Upper Big Branch had been cited for 17 rock dust violations in the year leading up to the explosion, and the mine had an inadequate water supply to minimize the dangers of coal dust, according to investigators. MSHA also discovered more than 200 "deficiencies in training" of Massey workers.

And despite the mine's many safety violations, guards regularly tipped off mine management when MSHA investigators showed up to do safety inspections leading up to the tragedy.

According to Stricklin, safety hazards such as insufficient air ventilation were not "acceptable excuses" for not running coal at Upper Big Branch. One foreman, he said, was fired for holding up production for an hour to improve ventilation. And when Dean Jones, one of the victims, drew attention at one point to safety hazards at the mine, management told him, "If you can't go up there to run coal, just bring your bucket outside and go home."

"No one should have been inured and definitely no one should have died in this explosion," Stricklin said.

The investigation continues but will soon be completed, Stricklin said, noting that officials had given the families of victims an advance briefing on Tuesday night.

In addition to the MSHA investigation, the Department of Justice is carrying out its own probe to see what laws may have been broken in the disaster.

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WASHINGTON -- The federal agency tasked with overseeing mine safety released on Wednesday its preliminary findings on the Upper Big Branch Mine disaster that claimed 29 miners in West Virginia last Ap...
WASHINGTON -- The federal agency tasked with overseeing mine safety released on Wednesday its preliminary findings on the Upper Big Branch Mine disaster that claimed 29 miners in West Virginia last Ap...
 
 
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03:10 PM on 07/13/2011
Massive safety failures ---- Republicans say industry can self regulate. How can anyone take what the Republicans say seriously. They are so self serving.
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olerealist
retired trial attorney; former member of VA abd Wa
12:31 PM on 07/05/2011
POLITICS/BIG BUSINESS:
“Mine Safety and Health Administration (fed gov. agency) Big mining and many Republicans look upon the agency as a major enemy and will seize any opportunity to hamstring it. In part this is because it is taking a closer look at Massey Energy Co. (see Wash. Post 7/5/11 on page A-10)

Whereas I may have thought that I had already seen the zenith of big business corporate corruption, this is now surpassed in nausia by new revelations concerning internal operations, especially as they relate to the “Upper Big Branch†mine in W. VA.

It seems that not only did this Co., have a long record of safety negligence and rule violations, punishment of prospective whistle blowers leading to the disaster of Aril 5, 2010, but now a new item. In addition to all the other damning facts, it is now alleged that this Co. engaged in duplicate record keeping to conceal designed to conceal hazardous and life threatening safety violations.

As purely a passing observation, this Co. has its headquarters not in W. VA but in Virginia, the home state of the Repub. majority leader, Eric Cantor. The Co. is now owned by a Virginia corporation, Alpha Nat. Resources.

Can we conclude that the continuing ongoing life threatening mining hazards are due in large part to the political machinations if reactionary politicians, federal and State.
12:05 PM on 06/30/2011
This just in from the RNC:

We have yet another glaring example of big government intefering in the operations of a good honest patriotic all-American company. When big government sticks their noses into corporate operations and then reports on their findings about corporate criminal negligence, it just raises costs for the company. The result is lost jobs. These big government investigations are job killers, and it's all the government's fault. This is yet another example of why these "so called" safety agencies need to have their funding cut in order to create jobs for the American people.
#notintendedasfactual
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olerealist
retired trial attorney; former member of VA abd Wa
12:38 PM on 07/05/2011
The only problem I see with the "Government sticking their noses in" is the slowness to criminally prosecute those executives, i.e. like in Massey Energy for example, and get them more qucily into prison where they belong. May they may keep company with those from World Com., etc etc.
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babybuda
Tolling for the outcast....
10:26 AM on 06/30/2011
86 mill for the former CEO of Massey 3 mill. for the family's of the deceased miners! Somethings are just wrong !
09:55 PM on 06/29/2011
In the old days when someone died and it was the company's fault, they lost everything.
11:58 AM on 06/30/2011
In the OLD days when someone died and it was the company's fault, the company hired a replacement and continued operation.
09:43 PM on 06/29/2011
thats the risk they take with being miner, a hundred years ago every person in a mine could die and no one would care, quit your bitching.
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kjbarfarms
sit down and rock awhile
11:46 PM on 06/29/2011
100 years ago, they didnt have the safety regulation that they have today. 100 years ago, they didnt have the media involved in everything that happens. So my advice to you would be please be nice some of the posters voice their opinions, and some give you great information to go on.
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olerealist
retired trial attorney; former member of VA abd Wa
12:44 PM on 07/05/2011
Dustyn, it is the existence of people like you that will keep me "BITCHING" louder than ever and as long as there is breath in my body.
Thanks for your inspiration.
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brokerallen
The Middle Class Needs To Take Back America
08:29 PM on 06/29/2011
Big business is largely above the law. That's because of so much corruption that is next to impossible to prove.
09:00 PM on 06/29/2011
brokerallen, I am not so sure it is impossible. The will by the feds to pursue the corruption is not there.
08:13 PM on 06/29/2011
Indict the managers and anyone on up who forced the workers to work in unsafe conditions; manslaughter at a minimum and/or Murder one for the more egregrious violators.
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olerealist
retired trial attorney; former member of VA abd Wa
12:47 PM on 07/05/2011
RIGHT ON J and HOORAY. If I were a few years younger, I would apply to be one of the prosecuting atty's.
06:27 PM on 06/29/2011
Let's see.... The GOP wants to cut regulations and funding for inspections. The elimination of regulations started long ago, with Raegan?.... and continued with W Bush with the financial meltdown of thr banks and the economy. Now The GOP wants to get reid om any regulations????
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eagle6348cc
05:52 PM on 06/29/2011
This is unconsionable!!!!! I hope they have to pay.....and pay....and pay.....and pay until they go bankrupt, or are forced to sell to a responsible entity!!!!
05:34 PM on 06/29/2011
Deemed? Wrong word. Can be used to make anything of anything. How about preventable?
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MrCool
05:32 PM on 06/29/2011
"The tragedy at Upper Big Branch was preventable."

Is this news? What did people think when it happened.

Now what? Are they going to inspeck every mine as they are doing with our nuclear plants after Japan?

Stupid government people, where have they been? Fine and fire them too. The same with those in the EPA--- BP and our Gulf of Oil.
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baileywick
05:01 PM on 06/29/2011
Where's Blankenship?
Pleading the 5th.
More corporate heads run away as working people die for profits.
05:01 PM on 06/29/2011
Who will be prosecuted for the deaths? When will the prosecutions begin?
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Wheelo
A man a plan a canal Panama
04:32 PM on 06/29/2011
...and the GOP wants to kill funding for the EPA to investigate just these kinds of shenanigans and enforce laws currently on the books.

When you hear Conservatives and Libertarians complaining about job-killing regulations, this is exactly what they're moaning about. Somehow it's easier for them to swallow the death of a worker than a regulation intended to prevent that death.

Odd morals they have.
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baileywick
05:02 PM on 06/29/2011
No morals have they.
09:02 PM on 06/29/2011
Wheelo, do they GOP even listen when we write or call? No!!