Massey Mine Had ‘Significant History’ of Violations

Massey Mine Had ‘Significant History’ of Violations (Update2)

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By Mario Parker

April 15 (Bloomberg) -- Massey Energy Co.’s Upper BigBranch mine, where 29 people were killed in an April 5explosion, had more numerous and more serious violations thanthe national average, the U.S. Labor Department said in a reportto President Barack Obama today.

The department had been watching Massey and Upper BigBranch closely because of its history of violations. Masseytotaled 515 violations at the mine in 2009 and 124 so far thisyear with fines of about $1.1 million, the report showed.

“In short, this was a mine with a significant history ofsafety issues, a mine operated by a company with a history ofviolations, and a mine and company that MSHA was watchingclosely,” the department said.

The department also suggested reforming mine safety laws bygiving the MSHA the power to subpoena information, ensuringminers do not lose pay when mines are closed by federallyordered withdrawals and requiring mine operators to put penaltyamounts into escrow.

Obama met at the White House today with Labor SecretaryHilda Solis and Joe Main, head of the MSHA, to get thepreliminary report on the blast near Montcoal, West Virginia,which was the worst coal mining disaster since 1970.

‘Pattern of Violation’

The agency said that it increased the number of citationsgiven to Upper Big Branch in 2006 and that the next year itinformed Massey that it could be placed on a “pattern ofviolation” list, which permits heightened scrutiny. Massey thenreduced the level of serious violations to avoid being placed onthe list, the MSHA said.

The 515 citations at Upper Big Branch in 2009 were 76percent more than the 292 national average, according to MSHAdata. About 39 percent of the violations were deemed significantand substantial, compared to a national figure of 33.6 percent.

A “significant and substantial” violation is one that is“reasonably likely to result in a reasonably serious injury orillness under the unique circumstance contributed to by theviolations,” Amy Louviere, public affairs director for the MSHA,said in an e-mail.

‘Repeated and Substantial’

On March 25, the mine was issued a significant andsubstantial violation that showed a dust collection system “hasnot been maintained in a permissible and operating condition,”according to the MSHA Web site. Another violation, dated March15, cited “accumulations of loose coal and float coal dust” upto 6 inches deep under a tail roller.

In “perhaps the most troubling statistic,” the MSHAissued 48 withdrawal orders at Upper Big Branch for “repeatedsignificant and substantial violations” in 2009.

“Massey failed to address these violations over and overagain until a federal mine inspector ordered it done,” thedepartment said in the report. “The mine’s rate for these kindsof violations is nearly 19 times the national rate.”

The MSHA said the cause of the disaster is stillundetermined. Carbon monoxide alarms rang at 3:02 p.m. localtime, according to the report. The agency said most mineexplosions are sparked by accumulations of methane, combustiblecoal dust and air.

“Because these combinations are so dangerous, MSHArequires every mine to ensure (through ventilation and rockdusting) methane and coal dust levels remain below the point atwhich they become combustible,” the report said.

After being briefed today, Obama said “violators likeMassey have still been able to find ways to put their bottomline before the safety of their workers.”

‘Rushing to Judgment’

After Obama spoke, Massey issued a statement callingObama’s statements “regrettable” and saying “we fear thepresident has been misinformed” about the company’s record andthe coal mining industry in general.

“Unfortunately, some are rushing to judgment for politicalgain or to avoid blame,” Massey said.

U.S. Senator Jay Rockefeller, a West Virginia Democrat,said the investigation into the explosion may take as long as 10months to produce “conclusive answers” on the cause.

The MSHA thinks they “know what some of the causes” ofthe explosion “might have been,” Rockefeller told reportersafter meeting with MSHA officials on Capitol Hill.

“It’s going to take a considerable number of months” forthem to come to their final conclusion, perhaps six to 10months, he said. Rockefeller may propose new mine safetylegislation before the MSHA’s investigation is complete.

To contact the reporter on this story:Mario Parker in Chicago at [e-mail].