Mine Owner Massey Blamed for Deadly West Virginia Blast

By Steve James | May 19, 2011

The worst U.S. coal mine accident in four decades, in which 29 miners died, was “man-made” and could have been avoided if the mine owner, Massey Energy Co , had followed basic safety measures, an independent investigation concluded Thursday.

The report into last year’s Upper Big Branch blast also found that Massey miners lacked adequate training in safety or in recognizing hazards, and it called for tougher enforcement powers for federal and state mine inspectors.

“The disaster at Upper Big Branch was man-made and could have been prevented had Massey Energy followed basic, well-tested and historically proven safety procedures,” said the report, ordered by then-West Virginia Gov. Joe Manchin.

“Miners’ rights to a safe workplace are compromised when the operator’s commitment to production comes at the cost of safety,” said the report.

It did not single out any individuals, such as former chief executive Don Blankenship, who headed Massey for years when it received many safety violations from federal regulators. He has since retired.

A separate investigation into the March 5, 2010 accident by the federal Mine Safety and Health Administration (MSHA) has not yet concluded.

The independent investigation, headed by Davitt McAteer, cited failures in ventilation, rock-dusting standards and machinery maintenance and said current mine safety practices failed to keep pace with modern mine production technology.

The report was released online before families of the dead miners were briefed on its findings.

In a response to the report, Massey said in a statement it agreed that the industry needs to examine whether it can achieve better methane monitoring technology.

“(But) We disagree with Davitt’s conclusion that this was an explosion fueled by coal dust. We believe that the explosion was caused by a massive inundation of methane-rich natural gas,” the company said in an e-mail to Reuters.

Massey shares dropped 2.3 percent to $60.38 in morning trading on the New York Stock Exchange. Stock in Alpha Natural Resources Inc , which is acquiring Massey, fell 2.8 percent to $49.73.

The blast at Massey’s Big Branch mine near Montcoal, West Virginia, last year was the deadliest U.S. mine accident in four decades. Massey posted four consecutive quarterly losses following the blast because of idled production from several mines and the company sustained a public relations black eye from which it could not recover.

It has agreed to be acquired by Alpha Natural Resources in a deal valued at around $7 billion that is expected to close before the end of June.

As part of the takeover, Alpha would assume liabilities related to the accident. Just last week, Massey said 13 of the families of the dead have filed wrongful death suits against the company, while eight families have signed agreements to settle their claims.

In addition, four employees have filed lawsuits against Massey alleging emotional distress or personal injuries from the blast. Massey estimated litigation settlements would total $78 million.

In March, a former Massey employee who had worked at Upper Big Branch was charged with making false statements to investigators and forging a document. Another employee, who was the security chief for the mine, has pleaded not guilty to two felony counts of giving false statements to FBI and federal Mine Safety and Health Administration investigators.

(Reporting by Steve James, editing by Gerald E. McCormick)

Topics Virginia Mining West Virginia

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