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Sec. Hilda Solis

Sec. Hilda Solis

Posted: May 17, 2010 01:40 PM

Justice for the Upper Big Branch Miners

What's Your Reaction:

In the past six weeks, I have made a number of trips to West Virginia to meet with the families of the 29 men who died at Massey Energy's Upper Big Branch Mine. Although there is nothing I can do to eliminate their pain and suffering, I can, as the nation's top cop on the workplace beat, make sure that we learn the truth about what happened on April 5, and bring those responsible to justice.

The U.S. Department of Labor's Mine Safety and Health Administration is taking an aggressive and unique approach to the Upper Big Branch Mine investigation -- one that utilizes every possible tool we have to get the truth, ensure transparency and accountability, and preserve the ability of federal prosecutors to bring criminal charges if it is determined that crimes were committed.

Our dedication to transparency begins with the unprecedented number of public hearings we will conduct, including one where miners, contractors, mine officials and others with knowledge of the Upper Big Branch Mine will participate. We will use subpoena power if necessary to ensure that happens. Other public hearings will explore the technical aspects of the explosion, as well as allow family members of the deceased to voice their thoughts and suggest potential reforms in mine safety law. We also will host a town hall meeting to promote the exchange of ideas on how best to create a culture of safety -- and practical ways to improve safety -- at mining operations. These events will be open to the community, as well as to anyone else interested in justice and mine safety, via live webcasts.

This is a new approach to openness and public participation, and unlike any other accident investigation of this magnitude. But there are other elements of the investigation -- particularly the first round of witness interviews -- that, in order to maintain the integrity of the investigation process and the safety and trust of the witnesses, must remain private. And here is why: No smart cop would let a possible defendant sit in on witness interviews, and no one expects cops to "cooperate" or "coordinate" with potential criminals.

I welcome the ongoing involvement of the FBI, the U.S Attorney's Office and the Department of Justice in this matter, and will make sure that our efforts do not impede their ability to investigate and prosecute any criminal wrongdoing. While we value transparency, I will not allow the evidence gained during our investigation to taint a potential grand jury process, telegraph to possible criminal defendants what other witnesses are saying, or provide potential criminal defendants with a roadmap to avoid prosecution, evade conviction and escape justice.

In this investigation we must ensure that witnesses can tell their stories candidly, without fear of intimidation or retaliation by anyone adversely affected by their testimony. But something else, too: This information will be shared with other federal law enforcement authorities who may use it to identify bad actors in potential criminal actions. I have made it clear that company officials and company lawyers will not be allowed in the room during interviews, so it was not surprising when Massey's corporate office criticized our process. I refuse to compromise this investigation in any way or jeopardize our pursuit of justice.

If those who put miners' safety at risk see that we are serious about putting them in jail, I am willing to bet that they will change their ways.

 

Follow Sec. Hilda Solis on Twitter: www.twitter.com/@HildaSolisDOL

 
 
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01:46 PM on 05/18/2010
Glad to see the rights of workers getting some attention by elected officials. But, until voters stop voting against their own self-interest and believing Republicans (and some Dems) are anything other than corporate ass-kissers, there will not be much change to the current situation in the workplace.
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01:02 PM on 05/18/2010
Doesnt bring those guys back and it remains to be seen what the investigations will find. So, right now I'm happy someone in authority who is supposed to be doing our business is finally going to launch an investigation but who knows how many months or years that will take. Justice delayed is justice denied. And where was our government before this happened and where were they before the Gulf Coast BP disaster took place?
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12:54 PM on 05/18/2010
Finally, someone realizes this is the only way to stop some of the abuse of workers. I've been saying for years that people are making decisions in corporations and if it's several people or a board of people then they need to be held responsible if their actions are criminal and finally someone in authority is carrying out some type of real investigation.
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lonesometx
Don't detain me, bro
12:48 PM on 05/18/2010
I'd say you were a little late, there, Madam Sec.

Too bad you weren't so concerned a year ago. Why is it that beauracrats always have a solution AFTER the fact?
11:49 AM on 05/18/2010
Shut it down Hilda!,

you know you want to.
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02:54 AM on 05/18/2010
Hilda Solis, thank you for bringing your attention to this and informing us of what the procedures will be. I know that OSHA and MSHA have not had the resources and other issues. I just hope that the Administration understands what a wide spread problem this is with other arms of government that have been downsized and the associations that have been going on between top management officials and private industry. I believe the president is beginning to understand the scope of the problem when I heard he is considering using folks outside the industry that are truly independent to conduct oversight! I think that is an excellent approach! Thanks again!
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01:23 AM on 05/18/2010
I think it is perfectly reasonable to expect MSHA inspectors to lead the FBI to criminal evicence against the mine owners and get some jail time going for the owners and operators of these mines. Negligent homicide sounds about right.
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HUFFPOST SUPER USER
realitytrumpsbull
two 'alves of coconut!
12:56 AM on 05/18/2010
I have one for you to take to the meeting with you. It's called, 'methane'. Methane was the common denominator between the oil rig explosion, the West Virginia mine explosion, the mine explosion in Russia, AND, also, I believe(that translates as: Check me on this) the mine explosion in China. If all four incidents have as their common denominator the unexpected discovery of methane(AKA: Natural gas, essentially), then maybe Nature itself is trying to send us a little message, here. Natural gas is and can be used for home heating, hot water, and propelling vehicles around. If you can do that with it, you can run a power plant on it, you can run a ship on it, you can probably run a locomotive on it, maybe even an airplane. Save the petroleum for making plastics and tires or whatever, and start really pushing for natural gas. Obviously the stuff burns pretty well, so...?
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satanlite
If ur neibor wtchs Fox Nws wtch ur neibor
11:23 AM on 05/18/2010
It's a question of quantity. Seepage of methane won't get you much when compared to actually generating methane (as in garbage piles, etc.). The seepage is more than enough to cause mighty explosions, clearly. If there was such a quantity of methane down there to make its collection profitable they would have already done it. Mine owners are not known for overlooking any means to make a profit - including bullying miners into not wearing protective gear (resurgence of black lung is now common) because they move faster without it.
10:34 PM on 05/17/2010
Thank you, Secretary Solis. When you are done, please, let us know what's going on with Bob Murray, owner of the Crandall Canyon operation, and a tinpot Don Blankenship.

And probably 100 others that have not come to light...
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BannedNBoston
Is hemp legal yet?
09:57 PM on 05/17/2010
Legalize Hemp we need every substitute to replace coal.

Chemtrail Slideshow
http://www.facebook.com/photo.php?pid=61181&l=727430de4b&id=100001039804456
09:45 PM on 05/17/2010
Empty rhetoric is easy !

Do not believe you have the guts, or ability to make any changes happen !
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10:39 PM on 05/17/2010
Based on what?

Your own empty rhetoric?
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02:01 AM on 05/18/2010
Clowns are not scary!
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08:35 PM on 05/17/2010
It is good to see that the Department of Labor is going to spend the time to find out what went wrong with the system, take input from those who have been most affected by disaster, and maintain the integrity of the criminal investigations.

These steps can provide the ability to affect real change, and increase the level of safety provided those who work in the mines daily.

Our most recent history is deplete of substance, and filled with empty rhetoric.

We citizens look forward to the criminal prosecutions of those who may have been involved in criminal activities leading to the deaths of the miners.

We also look forward to changes to inspections, procedures, accountability, and laws that will provide a better working place for miners in this country.
07:06 PM on 05/17/2010
Where were you before these deaths? When all the safety violations were going on? Hopefully something will actually be done, but it's almost like the old cliche of closing the barn door after the horse got out. The only thing we can hope here is that you will "close the door" in time to prevent more deaths.
09:44 PM on 05/17/2010
She was busy !

Having a latte !
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02:04 AM on 05/18/2010
The majority of bad actors were Bush appointees! You condone criminal behavior that changed these families lives?
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OleProfessor
"Ours is not a system based upon trust"
06:53 PM on 05/17/2010
They're Dead!

You and Our Corrupt Government Failed Them, we went through this under Bush more than once, our government corrupt as it is killed these men, same as the mine owners!
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02:55 AM on 05/18/2010
Professor? LMAO!
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edgarcaycedoc
06:47 PM on 05/17/2010
But these miners--just like the oilies that died in the gulf--are expendable, a valuable part of the machinery, but nothing BP can't replace. Sorry that is the way they think at big corporations. Safety be d@mned, "Drill, baby, drill!"