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Kevin Zeese

Kevin Zeese

Posted: April 13, 2010 07:13 PM

CEO of Massey Energy, Don Blankenship, Should Be Criminally Charged

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Were it not for the deliberate actions of Don Blankenship and Massey Energy the deaths of 29 miners in West Virginia would not have occurred. These deaths were foreseeable, even predicted, and this is not the first time Massey has caused the deaths of miners.

Massey Energy has been fined millions of dollars for its violations of mine safety and has already settled one case where miners were killed with criminal and civil fines totaling more than $4 million. It is time to stop coddling corporate criminals like Blankenship and hold them accountable for their actions.

Massey Energy's Upper Big Branch Mine, the site of the deaths, has been cited 1,342 times for safety violations since 2005. And, 86 of those violations were for an inadequate ventilation plan that prevents the very type of explosions that caused these deaths. Last year alone, Massey's Upper Big Branch Mine was cited for 495 violations and $911,802 in fines. So far this year, regulators have found 105 violations at the mine. Twelve of those citations were issued in the last month. The same day of the explosion, the Upper Big Branch mine was hit with two additional safety violations.

According to The New York Times: "In the past two months, miners had been evacuated three times from the Upper Big Branch because of dangerously high methane levels, according to two miners who asked for anonymity for fear of losing their jobs. Representative Nick J. Rahall II, a Democrat whose district includes the mine, said he had received similar reports from miners about recent evacuations at the mine, which as recently as last month was fined at least three times for ventilation problems, according to federal records."

So, Massey was well aware of the inadequate ventilation that led to the explosion that killed the miners. It will not be the first time that Massey was guilty of actions that led to death.

In fact in 2008, Massey's subsidiary Aracoma Coal was charged by the Department of Justice with willful violation of mandatory safety standards, one count resulting in the death of two miners, and with making a false statement. Massey settled these criminal charges along with civil violations for $4.2 million in criminal and civil penalties -- the largest financial settlement in the coal industry's history. The corporation pled guilty to criminal mine safety violations that led to the deaths. Testimony during a 2008 civil case showed that Blankenship conceded that he had sent a trusted aide to inspect the Aracoma mine and was informed about problems at the mine a few days before the deadly fire.

And, this was not the first time miners have died at the Upper Big Branch Mine. Since 1998, three other miners have died at the Upper Big Branch mine. All of confirms the conclusion of Richard Trumka, president of the AFL-CIO and former head of the United Mine Workers of America, put forward: "This incident isn't just a matter of happenstance, but rather the inevitable result of a profit-driven system and reckless corporate conduct."

Massey and Blankenship are repeat offenders. It is time for them to be held accountable for their actions so that they stop putting profits before people. Blankenship emphasizes that "coal pays the bills" and in a 2005 memo he told mine workers that if their bosses ask them to take safety precautions like building roof supports or performing similar tasks, "ignore them and run coal." Terry Holstein, who worked at Upper Big Branch until 2006, quitting after 10 years because he didn't like the way Massey ran the mine, says "they wanted production more than they wanted safety."

Investors are calling for Blankenship to be removed as CEO. CtW Investment Group sent a letter to the Massey Energy board citing Blankenship's "confrontational approach to regulatory compliance" as the cause of the deaths. New York State Comptroller Thomas DiNapoli, overseer of New York's Common Retirement Fund, which owns 303,550 shares of Massey stock, valued at $14.1 million said "Massey's cavalier attitude toward risk and callous disregard for the safety of its employees has exacted a horrible cost on dozens of hard-working miners and their loved ones."

Federal and state investigations have begun. They will be examining the debris in the mine and interviewing miners and company officials, as well as reviewing documents related to the mine. Hindsight will be helpful but, people could see this tragedy coming, in June 2009, David Akrush of Public Citizen warned the White House: "Every day that these safety violations go unresolved, the chance that this nation will see another tragic mining accident grows."

It is time for accountability. The Board should immediately remove Blankenship and state and federal authorities should hold him responsible for the gross negligence of Massey Energy toward mine safety. It is time for this repeat offender to be put out of business.


Kevin Zeese is executive director of ProsperityAgenda.US, working with Velvet Revolution their StopTheChamber.com campaign has called for Blankenship to be charged criminally.

 
 
 
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04:38 PM on 04/15/2010
I agree with Zeese. Don Blankenship should be criminally charged.

Blankenship is quoted as saying "coal pays the bills." Not really, the end users of coal pay the bills. Can Blankenship find an end user or a stockholder who will say that miners should die so that they can get coal cheaper or so that Blankenship or the stockholders can get richer? Put this guy in jail.
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HUFFPOST SUPER USER
JohnBryansFontaine
Liberal Democrat
12:24 AM on 04/15/2010
Other Massey Mines Showed A Pattern Of Violations
Howard Berkes and Robert Benincasa

http://www.npr.org/templates/story/story.php?storyId=125864847&ft=1&f=1006
01:58 PM on 04/14/2010
This guy makes Montgomery Burns look like Ghandi.
02:47 AM on 04/14/2010
For most working people, we face third world conditions at work and we are slowly being pushed into a third world standard of living as well. Many had illusions in Obama, that a liberal Democrat might be kinder and gentler to the working class than the Republican before him. So far, Obama has refused to consider labor law reform, he's bailed out Wall Street to the tune of $12 trillion, and he's done little to nothing to turn around the disastrous results of four decades of open class warfare against working people in this country. Along with the prosecution of Blanenship, I'd like to see some accountability from the president as well. Why, after more than a year in office, have these outrageous lapses in government oversight and regulation been allowed to continue?
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HUFFPOST SUPER USER
Disclaimer
04:12 AM on 04/14/2010
Perhaps right wing West Virginians should actually give the Democrats a chance. The Republicans are ALWAYS against the worker.
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Fez
Ignorance is no excuse for the law.
12:05 AM on 04/14/2010
I have worked on the reclamation side of both coal and hard rock mining for 21 years and I have NEVER heard of a major company that did not emphasize safety above all else in daily operations. If the alleged communications from Blankenship to his workers to ignore construction of safe working spaces can be introduced in court, he will hang. The ugly reality of modern underground coal mining is that we are technically able to mine in conditions (extremely gassy mines) that are dangerous beyond our ability to manage the risks. In this recent disaster, rescue teams had to travel more than 5 miles underground (horizontally). Consequently, we can expect more and more coal-mining accidents as we mine deeper and mines spread out farther. At some point this discussion needs to focus on why we continue to mine coal when the environmental and human consequences are inevitable and pernicious.
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TexasDem0
USMC Vietnam vet,Veteran for Peace
10:50 PM on 04/13/2010
Make Don Blankenship and Massey Energy executives and their enablers work in Massey's mines.
09:41 PM on 04/13/2010
According to the Supreme Court corporations have free sppech rights but are somehow exempted from criminal liability. Money according to the SCOTUS has more rights than any individual citizen can expect, unless of course you have lots of money, I mean speech or something, I'm not quite sure. So money is really speech but is also free? I'm kinda confused but also a poor man unable to buy a politician so I'm guessing my free speech doesn't count for as much or something.
I guess what I am trying to say is free speech really isn't free it's actually pretty expensive it's just too bad I can't afford it.
08:51 PM on 04/13/2010
http://stopthechamber.com

You said it!
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Brad Wood
07:38 PM on 04/13/2010
Thank you for saying this loud and clear.