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Bob Franken

Bob Franken

Posted: April 7, 2010 09:25 AM

Negligence in the Coal Fields

What's Your Reaction:

We're seeing a lot of Don Blankenship on TV. Again. He's the CEO of Massey Energy, owner of the mine where at least 25 died underground in a "horrific" explosion Monday, the worst US coal disaster of its kind in a quarter century.

Typically, Blankenship is not shying away from publicity. So now we see him deflect charges that Massey's egregious record of safety violations at its Upper Big Branch mine might well have caused a buildup of dangerous methane gas that blew up.

We've seen Blankenship before. He had a similar role after 12 died in the Sago Mine disaster of 2006.

He is no shrinking violet, to say the least. After all, it was Don Blankenship whose company was facing a 50 million dollar lawsuit, who spent three million to unseat a justice on the West Virginia Supreme Court who was considered unfavorable to Massey.

It was such a blatant abuse that last year, the US Supreme Court ruled the bought-and-paid-for West Virginia justice had to remove himself from the case.

Perhaps, it's time for Don Blankenship to get involved with the courts again. This time, as a defendant. The charge: Negligent Homicide, called "Involuntary Manslaughter" in West Virginia.

This is the state's legal definition: "Involuntary Manslaughter involves the accidental causing of death of another person, although unintended, which death is the proximate result of negligence so gross, wanton and culpable as to show a reckless disregard for human life."

Let's see, Massey's hugely profitable Upper Big Branch mine had accumulated more than 1,300 official charges of safety violations since 2005. In the last month alone there have been 50, including a dozen citations for alleged failure to properly ventilate deadly dangerous, highly volatile methane gas.

it is still unproven, but the operating theory is that Monday's blast was possibly caused by a tiny spark that ignited the methane explosion that was the "causing of death."

Obviously, it will require an investigation to pin that down, and another to decide what practices were to blame and who decided what they would be and whether that person or persons, in the name of profits, was guilty of "...negligence so gross, wanton and culpable as to show a reckless disregard for human life."

Plain and simply, the police and prosecutors need to pursue this case. And if those who run Massey can be shown to be culpable beyond a reasonable doubt, they need to thrown into prison. The sentence for Involuntary Manslaughter, as just one possible charge, in West Virginia, is a year in prison. For each case. In this tragedy, at least 25 lives were lost.

It is important to repeat that no criminal conduct has been proven against Don Blankenship. Or anybody. Or that there was criminal conduct in this case.

But the families of the victims have a right to find out. We all do. There must be justice. Justice that is not bought and paid for.

 

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We're seeing a lot of Don Blankenship on TV. Again. He's the CEO of Massey Energy, owner of the mine where at least 25 died underground in a "horrific" explosion Monday, the worst US coal disaster of...
We're seeing a lot of Don Blankenship on TV. Again. He's the CEO of Massey Energy, owner of the mine where at least 25 died underground in a "horrific" explosion Monday, the worst US coal disaster of...
 
 
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03:25 AM on 04/08/2010
Probably a non-union operation, which could help explain all of the safety violations.
05:34 PM on 04/07/2010
Blankenship should be the undercover boss and go work in the Upper Branch Mine.
05:33 PM on 04/07/2010
Absolutely! In China they execute mine owners that willfully ignore safety problems. Just a few years ago in California they convicted a man in his nineties with negligent homicide for accidentally veering into a crowd with his car. This Blankenship person should be doing time, and so does anyone else that knew about the problems in the mine and did nothing. Including the mine inspectors and their higher ups.
05:28 PM on 04/07/2010
If it can be proven that Don Blankenship or any executives in this country made a concerted effort to ignore government violations within their mines and that decision resulted in the deaths of workers within their mines, then they should go to prison. It is no different than the people in management that locked the doors on exits, resulting in the death of workers in a fire. Involuntary manslaughter indeed.
05:05 PM on 04/07/2010
Coal mine operators have always been gaming the system. Federal inspections have been required since 1941. In 1942, the first Montana mine was inspected. The inspector found more than 200 safety violations. The owners promised to fix everything. Instead, they went on vacation for the winter. While they were away, 3 months after the inspection, the mine exploded. 75 men died. Justice was never served. I wrote the families' stories in the new book GOODBYE WIFES AND DAUGHTERS. It was supposed to be a book of history, not current events...
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MJinCanada
Safe from zombies until my 2nd cup of coffee
02:38 PM on 04/07/2010
Hear! Hear!

And compensation to every family that has lost a provider under his neglect.
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Mark Olmsted
essayist, blogger, activist
02:15 PM on 04/07/2010
I mean the UMW-United Mine Workers
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Mark Olmsted
essayist, blogger, activist
02:14 PM on 04/07/2010
I'm frankly surprised that a grieving relative of a dead miner has not exercised his second amendment rights in Blankenship's direction. And I don't mean to advocate it--I am ardently anti-gun and non-violent. But I'm amazed at how a population that would readily march on Washington (or Virginia) with a gun strapped to their side to protest something like healthcare reform doesn't seem to have a worse reaction to a murderer like Blankenship.
The UAW represents only 20% of working miners. This is the result of years of slick anti-union bashing from corporate America that has convinced the very people who need unions the most that somehow being united as workers represents a diminishment of their "freedom." Well now they have their freedom all right. To work and die in awful conditions.
jhNY
Mercy.
01:35 PM on 04/07/2010
Just how weak exactly are federal mine safety laws? And exactly how weak are the state's laws re mine safety? When, if ever, does an operator get shut down? How many safety violations is too many to continue to allow the operator to operate?
11:36 AM on 04/07/2010
Ain't gonna happen! Then of course I said the same thing about the possibility of a black man being elected president.
Sending guys like Blackenship to prison for a good long bang would probably be the best regulatory step that could be taken. Hope springs eternal.
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Buckeye54
...the One your mom warned you about!
10:54 AM on 04/07/2010
There should be a thorough investigation and Mr. Blankenship should be held accountable for any violations. If his employees lost their lives because of his negligence, perhaps he should lose a few years of his freedom as somewhat meager compensation.
But beyond that, we need to put some real "teeth" into our mine safety laws and their enforcement.
Why should a mine be permitted to continue operating when methane gas is discovered? Mining operations should cease until the mine is properly ventilated and is safe again.
A strong union that looks out for workers' safety would counteract the greedy owners who seem to give no thought or consideration to their workers' safety.
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Chuckie Corra
09:53 AM on 04/07/2010
Don Blankenship has been playing hard and fast with the coal industry for years. Its cheaper for Massey to pay safety violation fines than to fix the problems. Massey Energy needs to be held responsible. Unionized mines are much safer because the workers can fight for higher wages, have fire boses overlooking safety concerns, and can protest working in dangerous environments.

Blankenship is incredibly anti-union, and uses his money (and he has lots) to buy political seats in his favor. Case in point: The Supreme Court seat mentioned that he basically spent $3 million buying out. Its sad and destructive to this wonderful state (i am a resident of West Virginia). Blankenship and his company are pillaging the environment, raping the mountains, and all for the sake of money.

This is nothing against the fine men and women who work in the mines, just the corporate pigs who constantly feed at the trough.