Lawmakers urge Criminal Charges in Upper Big Branch Disaster
The Department of Justice must “go up Massey’s chain of command as far as possible” and hold accountable those individuals responsible for the deaths of 29 coals miners at Massey Energy’s Big Branch (W.Va.) mine in 2010, a group of lawmakers urged Attorney General Eric Holder.
In a letter to Holder from Rep. George Miller (D-Calif.) and 15 other House members, they say that although the recent settlement between the federal government and Alpha minerals—which took over Massey several months after the deadly disaster—includes a non-prosecution agreement with Alpha in exchange for $210 million in investments in mine safety and research, civil penalties and restitution to families,
It does not prevent the Department of Justice from investigating or bringing criminal charges against the individual’s responsible for the April 5, 2010 disaster. Read the rest of this entry »
Massey CEO Set to Open More Coal Mines
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Don Blankenship was head of Massey Energy when 29 coal miners lost their lives in a massive explosion. Forced to resign, he has been largely invisible since.
Now he’s filed papers to start another coal mine venture. According to BusinessWeek:
Public records show that Blankenship has incorporated a new venture in Kentucky. Paperwork for McCoy Coal Group Inc. of Belfry, Ky., has been on file since January, though, and it has yet to seek a single mining permit, says Kentucky Energy and Environment spokesman Dick Brown.
Following the April 2010 the explosian at Massey Energy’s Upper Big Branch (W.Va.) mine, a Mine Workers (UMWA) report on the disaster summed up the tragedy in its title: Industrial Homicide. An independent report on the disaster commissioned by former Gov. Joe Manchin (D-W.Va.) concluded the responsibility for the explosion “lies with the management of Massey Energy…[B]y frequently and knowingly violating the law and blatantly disregarding known safety practices….Massey exhibited a corporate mentality that placed the drive to produce coal above worker safety.” And an investigation by the Mine Safety and Health Administration (MSHA) found the company kept two sets of books to hide safety problems. Read the rest of this entry »
Mine Workers Report: Upper Big Branch ‘A Bomb Waiting to Go Off’
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There were many factors that led up to the April 5, 2010, explosion that killed 29 coal miners at Massey Energy’s Upper Big Branch (W.Va.) mine, according to a new Mine Workers (UMWA) report on the disaster. But according to the report—”Industrial Homicide“—“there is only one source for all of them:”
A rogue corporation, acting without real regard for mine safety and health law and regulations, that established a physical working environment that can only be described as a bomb waiting to go off.
And that same company established a working environment where, operating through subterfuge, fear and intimidation, management prevented any opportunity for the workers to know the full range of dangerous conditions in the mine, or to effectively protest them even if they did know. Read the rest of this entry »
Two Sets of Books Hid Upper Big Branch Safety Problems
Massey Energy managers hid serious safety problems at the Upper Big Branch (W.Va.) mine from federal mine safety officials by keeping two sets of records, Mine Safety and Health Administration (MSHA) officials revealed this morning. An April 5, 2010, explosion at the mine killed 29 miners.
The mine’s production log noted issues such as accumulations of coal dust, ventilation problems, equipment malfunctions and other issues, but no mention of those problems was included in the official set of records Massey was required to provide to MSHA inspectors, said Kevin Stricklin, MSHA’s head of coal mine safety at a public briefing this morning.
Failure to control highly explosive coal dust, inadequate ventilation and a longwall coal cutting machine’s faulty water sprayers and worn cutting bits all played a role in the massive explosion that roared through the mine, according to MSHA.
In a video message played this morning and at a special briefing last night for the victims’ families, Labor Secretary Hilda Solis said MSHA’s investigation shows:
The tragedy at Upper Big Branch was preventable. Mine safety is the responsibility of the operator…those responsible must be accountable. Read the rest of this entry »
Mine Execs Want to Police Themselves on Safety
The day after federal mine safety officials announced a series of “outrageous” safety violations at a Massey Energy West Virginia coal mine, mining industry officials were on Capitol Hill calling for fewer federal inspections and a voluntary safety program.
At the hearing before the Education and Workforce’s Workforce Protections Subcommittee, the Republican majority allowed just one worker’s witness, Mine Workers (UMWA) President Cecil Roberts, while three mine industry executives testified. Said Roberts:
The disaster at Upper Big Branch, as well as the other deaths and illnesses that continue to plague the mining industry make it clear that Congress must do more to protect miners. Operators should be required to make better efforts to prevent illnesses and injuries in the first place. After all, the mining industry has shown time and time again it is not very effective at self-policing.
4,340 Killed on the Job; Job Safety Laws ‘Must Be Strengthened’
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Forty years after the passage of the Occupational Safety and Health Act (OSH Act), “there is much more work to be done….The job safety laws must be strengthened,” finds the 2011 AFL-CIO annual job safety report “Death on the Job,” released this morning to commemorate Workers Memorial Day. (Click here for the full report.)
In 2009 (the latest figures available), 4,340 workers were killed on the job—an average of 12 workers a day—and an estimated 50,000 died of occupational diseases. More than 4.1 million workplace injuries and illnesses were reported in private and state and local workplaces. But the report says the 4.1 million “understates the problem,” and the actual number is more likely 8 million to 12 million.
The safety report estimates that since the OSH Act become law 40 years ago tomorrow, it has saved an estimated 431,000 lives. The nation’s two mining laws, the 42-year-old Coal Mine Health and Safety Act and the 34-year-old Mine Safety and Health Act, have saved thousands more.
Last year’s string of major workplace tragedies, however, shows the desperate need for stronger safety and health rules coupled with tougher enforcement. Those disasters included the Upper Big Branch (W.Va.) coal mine explosion that killed 29 miners, an explosion at the Kleen Energy plant in Middletown, Conn., that killed six workers, another at the Tesoro Refinery in Washington State that killed seven workers and the BP/Deepwater Horizon Gulf Coast oil rig explosion that killed 11 and caused a massive environmental and economic disaster. Says the report:
The nation must renew the commitment to protect workers from injury, disease and death and make this a high priority. Employers must meet their responsibilities to protect workers and be held accountable if they put workers in danger. Only then can the promise of safe jobs for all of America’s workers be fulfilled.
Honor Fallen Workers, Fight for Job Safety on Workers Memorial Day
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In hundreds of events around the nation on Workers Memorial Day, April 28, workers will gather together at worksites, city parks, houses of worship and local and state government offices to remember those who have lost their lives on the job and demand strong safety laws and tough enforcement of those laws.
In Cumberland, Md., union, faith and community activists will hold a prayer vigil for workers killed and hurt on the job. In Tucson, Ariz., the Pima Area Labor Federation will honor fallen workers and call on state and national lawmakers to make job safety a priority.
Click here to find a Workers Memorial Day event near you or to register an event.
In 2009 (the latest figures available), 4,340 workers were killed on the job and another 50,000 to 60,000 died of occupational diseases. More than 4.1 million workplace injuries and illnesses were reported in private and state and local workplaces.
Tomorrow, the 2011 edition of the AFL-CIO’s “Death on the Job” report on the state of safety for the nation’s workers will be released. It includes a state-by-state look at job deaths and injuries, a demographic breakdown of workers killed and hurt on the job, an in-depth look at job safety enforcement and more. Be sure to check back here.
With the Occupational Safety and Health Act reaching its 40th anniversary April 28, the Obama administration is refocusing the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration on protecting workers and enforcing safety laws after years of neglect by the Bush administration.
MSHA Says Massey Blast Shows Need for Tougher Safety Laws
As we approach Tuesday, April 5, the first anniversary of the deadly blast at Massey Energy’s Upper Big Branch (W.Va.) mine that killed 29 coal miners, the nation’s top mine safety official today called for tougher laws and bigger penalties for safety violators.
Mine Safety and Health Administration (MSHA) chief Joe Main today told the Senate Health, Education, Labor and Pensions committee:
No mine operator should be risking the lives of its miners by cutting corners on health and safety. For those operators who do knowingly engage in such practices, we need to send a message that their actions will not be tolerated.
Main also called for stronger protections for miners who speak out about unsafe practices and conditions.
Miners know best the conditions in their mine. But miners are afraid to speak out because they fear they’ll lose their jobs. Read the rest of this entry »
The Triangle Fire: Still Burning Before Our Nation
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We hope you will share this special AFL-CIO Now feature on the 100th anniversary of the Triangle Shirtwaist fire with your friends, family and co-workers as a way to recognize America’s workers, past and present, who have sacrificed and continue to sacrifice so much to improve the lives of all workers.
When word got out two weeks ago that Wisconsin Gov. Scott Walker had ordered the windows of the state Capitol building bolted shut during the ongoing protests against his attacks on public employees, it was a chilling reminder of a similar action by the employers of the Triangle Shirtwaist factory.
Nearly 100 years ago to the day of Walker’s order—which he rescinded after public outrage—146 workers, mostly young immigrant girls, jumped to their deaths from the 10-story building, unable to escape a fire because factory foremen had locked all the doors. The owners, Isaac Harris and Max Blanck, worried the workers would steal from the company.
Former Massey ‘Foreman’ Charged in Upper Big Branch Probe
A former employee at Massey Energy Co.’s Upper Big Branch mine who conducted vital safety inspections was charged yesterday with using a false foreman’s license and lying to federal investigators who are probing the April 5, 2010, explosion that killed 29 coal miners.
Thomas Harrah, 45, of Seth, W.Va., who quit Massey last year, faces five years in prison and a $250,000 fine on each count. In a statement, U.S. Attorney Booth Goodwin said:
The charges filed today arise out of our investigation into what led to the tragedy at Upper Big Branch. I want to be clear: There will be real consequences if you falsify records, lie to federal agents or otherwise attempt to obstruct this investigation.
While Harrah was licensed as a coal miner, he failed a 2007 foreman’s test, but used a false foreman’s certificate number, according to the charges. In December, Ken Ward of the Charleston Gazette reported that state mining officials alleged that Harrah used a fake foreman’s license when he performed at least 228 pre-shift, on-shift and conveyor belt safety examinations at Upper Big Branch from January 2008 to August 2009. Read the rest of this entry »
