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The recent explosion at the Upper Big Branch coal mine in my home county of Raleigh, which killed 29 West Virginians and injured 2 others, has brought West Virginia statewide sorrow and worldwide attention.
Reflecting on President John F. Kennedy's death, Robert F. Kennedy once said, 'Tragedy is a tool for the living to gain wisdom.'
As we seek to understand how and why the Upper Big Branch disaster occurred, we might also re-examine conventional wisdom about the future of the coal industry in our state.
Americans depend mightily on our coal to meet their energy needs. Coal is the major source of electricity in 32 states, and produces roughly half of all the electricity consumed in the United States.
As West Virginians, our birthright is coal. The ancient fossil is abundant here, and is as emblematic of our heritage and cultural identity as the black bear, the cardinal, and the rhododendron.
Indeed, the coal severance tax codifies the philosophy that the coal belongs to all West Virginians, and that they deserve meaningful compensation for its extraction. This philosophy has also been embraced nationwide, through the Black Lung Excise Tax, the Abandoned Mine Reclamation Fee, and several other existing and proposed programs that provide additional compensation to the people and places that produce our coal, oil, gas, and other energy resources.
Coal brings much needed jobs and revenue to our economy. But the industry has a larger footprint, including inherent responsibilities that must be acknowledged by the industry.
First and foremost, the coal industry must respect the miner and his family. A single miner's life is certainly worth the expense and effort required to enhance safety. West Virginia has some of the highest quality coal in the world, and mining it should be considered a privilege, not a right. Any company that establishes a pattern of negligence resulting in injuries and death should be replaced by a company that conducts business more responsibly. No doubt many energy companies are keen for a chance to produce West Virginia coal.
The industry of coal must also respect the land that yields the coal, as well as the people who live on the land. If the process of mining destroys nearby wells and foundations, if blasting and digging and relocating streams unearths harmful elements and releases them into the environment causing illness and death, that process should be halted and the resulting hazards to the community abated.
The sovereignty of West Virginia must also be respected. The monolithic power of industry should never dominate our politics to the detriment of local communities. Our coal mining communities do not have to be marked by a lack of economic diversity and development that can potentially squelch the voice of the people. People living in coal communities deserve to have a free hand in managing their own local affairs and public policies without undue political pressure to submit to the desires of industry.
We have coal companies in West Virginia which go out of their way to operate safely and with minimal impact on our environment. Those companies should be commended and rewarded.
But the coal industry has an immensely powerful lobby in Washington and in Charleston. For nearly a hundred years they have come to our presidents, our members of Congress, our legislators, our mayors, and our county commissioners to demand their priorities. It is only right that the people of West Virginia speak up and make the coal industry understand what is expected of it in return.
The old chestnut that 'coal is West Virginia's greatest natural resource' deserves revision. I believe that our people are West Virginia's most valuable resource. We must demand to be treated as such.
As I know from personal experience, no work place can be made entirely safe, particularly with heavy equipment involved and the details on this latest death are not in yet.
The only thing we can do as a people is to make work places as safe as possible. That is something that the federal and state governments, the workers and the owners should all be in agreement on.
But now it appears that Massey officials are using intimidation to silence people with information about the Upper Big Branch disaster.
Alarmed by reports that Massey Energy officials are intimidating miners and their families, the Department of Labor announced today that it is launching a "supplemental" investigation into last month's Upper Big Branch mine disaster -- in which witnesses can remain anonymous.
The department's Mine Safety and Health Administration said in a statement that "Secretary of Labor Hilda L. Solis called for this additional investigation group to provide a safe, confidential venue for the general public, family members of the victims and miners to speak freely to MSHA investigators about the mine explosion without fear of retaliation or the need to reveal their identity."
"We are clearly concerned about fear and intimidation by the company," an administration official told HuffPost.
Everyone is innocent until proven guilty, but trying to silence witnesses and critics is a sure sign that many people in this state who have committed illegal acts or turned a blind eye to violations have much to fear themselves.
There was quite a bit of discussion last week about the NPR report on the Massey Energy FBI probe stemming from the Upper Big Branch mining incident. There was no question (or controversy) as to there being an FBI investigation, the question is whether or not it extended to possible bribery of federal regulators.
Bloomberg published this original reporting by Chris Stratton and Margaret Cronin Fisk yesterday that goes one step further than the earlier NPR story (emphasis mine):
Massey Energy Co., dealing with the death of 29 miners at one of its West Virginia coal mines, is being investigated by the FBI for possible bribery of state and federal inspectors, a person familiar with the probe said.
An April 5 explosion at the Richmond, Virginia-based company's Upper Big Branch Mine resulted in the deaths and sparked the investigation by the bureau, a second person familiar with the matter said April 30, asking not to be identified because the matter is confidential.
At least two dozen Massey employees, federal and state officials and mine union members have been interviewed by agents of the Federal Bureau of Investigation, the first person familiar with the investigation said.
The mine and its operators could be held criminally responsible for the explosion if there were any "overt acts," such as falsification of inspection documents or evidence of tampering with monitors and recording devices, said Bruce Stanley, a Pittsburgh attorney who represents the widows of two miners killed in an earlier incident.
"It's too early to provide any comment at this point," Massey spokesman Roger Hendriksen said in a phone interview today.
Should the FBI interview turn up evidence of criminal conduct, the matter would be referred to the U.S. Attorney in the Southern District of West Virginia, the first person said.
With an increasing number of government agencies being implicated in this mining incident, there's even more good reason for the investigation to occur out in the open. As Ken Ward, Jr. recently posted on Facebook:
Still no word from MSHA on making Massey mine disaster investigation public. Call 202-693-9400 to demand transparency.
In past investigations of disasters and even single mining deaths, MSHA allowed coal company lawyers to sit in on interviews with miners, mine managers and government inspectors. So the company knew what was being asked and answered - some believe the company lawyers intimidate witnesses by their very presence. Other times, government ... See Moreinvestigators conveniently skipped questions that probed their own failures of enforcement.
Congress gave MSHA authority to conduct investigations as public hearings, but the agency seldom does so.
Two UBB widows have asked for a public hearing, as has the UMWA and a collection of news organizations, including the Gazette.
A public hearing also gives MSHA subpoena power, something it doesn't otherwise have, to compel people to answer questions.
Wrongful death suits will give families power to get some answers through discovery. But a public hearing is the only way the public will ever find out what really happened.
The Charleston Daily Mail reports on Blankenship's appearance on WOWK's wingnutty "Decision Makers" program:
CHARLESTON, W.Va.--Massey CEO Don Blankenship said in a weekend TV interview that "evil people" have ascended the ranks of power in the United States and implied Sen. Jay Rockefeller was among them.
In an appearance on the WBOY and WOWK show "Decision Makers," Blankenship was asked about the impact of Rockefeller's comments that Massey was a "rogue" operator.
Rockefeller, D-W.Va., was being critical of Massey and Blankenship following the explosion last month at the company's Upper Big Branch mine that killed 29.
In the past, Rockefeller has gone out of his way to regurgitate the War on CoalTM hysteria and attack the Obama administration's environmental protection efforts.
It appears it did little good for him.
A mild defense of the EPA got Rep. Rahall's face printed on Massey-distributed "Nick Joe is anti-coal" signs. Accurately stating the case on mine safety has made Rockefeller fall out of favor with Blankenship.
It's time for Rockefeller and other officials to realize Blankenship will never be satisified with anything less than 100% obedience. The constant attempts to pander to him are just embarrassing.
Tonight, April 15, the KVYD passed a resolution honoring the fallen miners of the Upper Big Branch coal mine.
Resolution Honoring Fallen Upper Big Branch Coal Miners
Honoring the coal miners who perished in the Upper Big Branch Mine-South in Raleigh County, West Virginia, extending condolences to their families, and recognizing the valiant efforts of emergency response workers at the mine disaster.
Whereas, on April 5, 2010, at approximately 3:00 p.m., an underground explosion occurred at the Upper Big Branch mine in Raleigh County, near Montcoal, West Virginia; and
Whereas, two survivors of the explosion were taken by emergency service personnel and evacuated to area medical facilities; and
Whereas, family and friends of the missing miners remained nearby, praying and hoping for the safe return of their loved ones; and
Whereas, initial rescue efforts resulted in the painful news that twenty-five miners were found to have perished; and
Whereas, rescue crews valiantly worked for four days to reach the location of the explosion in the hope of finding the four missing miners; and
Whereas, just after midnight April 10, 2010, rescue teams reported that the four missing miners had not reached the safety chambers and had perished; and
Whereas, West Virginia communities from hence these men called home and the state of West Virginia collectively mourn the loss of her hardworking sons, brothers, and fathers, and
Whereas, coal mining is a time-honored profession and miners and their families have shaped the history and rich culture of West Virginia and the Nation;
Whereas, the Nation is greatly indebted to coal miners for the difficult and dangerous work they perform to provide the fuel needed to keep the Nation strong and secure;
Whereas, the Nation has long recognized the importance of health and safety protections for miners who labor in extreme and dangerous conditions;
Whereas, Carl Acord, Jason Atkins, Robert Clark, Steven Harrah, William Lynch, Deward Scott, Benny Willingham, Christopher Bell, Gregory Steven Brock, Kenneth Allan Chapman, Charles Timothy Davis, Cory Davis, Michael Lee Elswick, William I. Griffith, Edward Dean Jones, Richard K. Lane, Nicholas Darrell McCroskey, Joe Marcum, Ronald Lee Maynor, James E. Mooney, Adam Keith Morgan, Rex L. Mullins, Joshua S. Napper, Howard D. Payne, Dillard Earl Persinger, Joel R. Price, Gary Quarles, Grover Dale Skeens, and Ricky Workman, who all perished in the Upper Big Branch Mine disaster, should be remembered as brave men who died providing not only for their families, but also providing the nation with energy; and
Whereas, the deaths of these twenty-nine men represent the worst U.S. coal mining disaster since 1970, and
Therefore be it resolved that the Kanawha Valley Young Democrats,
(1) recognizes the ultimate sacrifice made by the 29 coal miners lost at the Upper Big Branch Mine in Raleigh County, West Virginia;
(2) extends the deepest condolences to the families of these men;
(3) recognizes all coal miners for enduring the loss of their coworkers and maintaining courage throughout this ordeal;
(4) commends the rescue crews for their valiant efforts to find these miners; and
(5) honors the many volunteers who provided support and comfort for the miners' families during the rescue and recovery operations; and
(6) promises to work tirelessly to ensure that the appropriate steps are taken to improve the safety conditions of West Virginia's brave coal miners; and
Be it Further Resolved, that the KVYD is hereby directed to forward a copy of this resolution to the West Virginia Young Democrats as a proposed resolution for adoption.
Massey CEO Don Blankenship's team of corporate attorneys plea bargained an "unusual" probation sentence of 3 years from what the judge felt were criminal felony offenses committed during the 2006 fire at Aracoma's Number One mine which caused the deaths of miners Elvis Hatfield and Don Bragg. And even though his company was penalized $25 million, it apparently meant little more than a slap on the wrist since Blankenship personally pulled down at least $129.2 million in salary, bonuses, and perks between 1999 and 2008.
That sentence was handed down in 2009, so Massey's CEO is apparently still under probation. But U.S. Attorney Charles Miller's plea agreement severely limited Blankenship's probation to violations which could occur within the Aracoma Number One mine only, so any criminal negligence or malfeasance which may or may not have caused the deaths at Upper Big Branch apparently wouldn't count.
Lucky for Blankenship that Miller is a holdover from the controversial group of Bush appointees for U.S. District attorney positions across the country.
"There's something wrong with a regulatory system that doesn't quickly address repetitive violations, said Davitt McAteer, a former federal mine safety chief who investigated the Sago and Aracoma mine disasters.
"When you see a mine that continues to have large numbers of citations and penalties month after month, the curative effect has not taken hold, and that needs to be put in place somehow," McAteer said.
Taken in context, what Mr. McAteer strongly implies is that either the regulations aren't being enforced, or that the fines simply aren't stiff enough to persuade Massey to stop. Friends of mine who are in a position to know tell me that the problem is actually a combination of both, and that coal operators are tag-team gaming the system based on an industry-wide cost/ benefit analysis which sorely undervalues human life.
Supporting what my friends have told me is the report that there is currently a backlog of around 16,000 challenges to violations by a number of mine operators.
Memories seem to run short where coal, politics, and the exploitation of West Virginia are concerned. The horrible tragedy at the Upper Big Branch Mine that took the lives of 29 men is far from Massey/Blankenship's first experience being accused of cutting corners on safety to keep the money coming in (or should I say going out since Massey is based outside of WV).
In this article discussing a lawsuit brought against Massey and Blankenship by the widows of the dead miners, one will see reference to the Massey mining deaths at Aracoma of only four years ago. The article also discusses a memo released by Blankenship telling his folks to not stop mining coal for any reason, presumably even safety concerns raised by engineers or supervisors.
The memo states, "If any of you have been asked by your group presidents, your supervisors, engineers or anyone else to do anything other than run coal (i.e. - build overcasts, do construction jobs, or whatever) you need to ignore them and run coal. This memo is necessary only because we seem not to understand that coal pays the bills."
The complaint against Massey/Blankenship goes on to say, ""The Massey Defendants' corporate practices, and this memorandum specifically, were willful, wanton, and reckless towards federal and state safety laws, and towards human life and dignity."
"Don Blankenship, and the Massey corporations under his leadership, have a long history of negligence, hostility, and/or reckless and wanton indifference to labor safety and working conditions."
Blankenship/Massey settled the lawsuit with the widows out of court.
We will see politicians puff up and say this or that about improving safety but pay close attention because when the smoke clears, just like it did after Aracoma and countless other tragedies, the status quo of exploitation is all that holds true. Why do politicians craft policies with loopholes for the industry to continue putting our miners at risk? Why does the outrage for the wanton disregard for our people fade with the camera's lights? Why do we let the coal industry factor safety violations as a minimal cost of doing business? Why do we allow ourselves to be exploited? No more! These men cannot have died in vain.
Those politicians receiving money from Blankenship directly, that receive money from his industry supporters, or that own stock in Massey need to be held accountable and kept under the microscope. Blankenship's rule in WV needs to end, one way or another. All West Virginians need to look in the mirror and ask themselves at what point will we stand up and say no more! You will not put the lives of our sons at risk! You will not destroy our environment and communities! You will not take advantage of us anymore! We are West by God Virginia and we say no more!
Like many other West Virginians, I privately prayed for the those who were trapped in the Upper Big Branch mine explosion, so naturally I was saddened and disappointed when God decided not to answer my prayers.
I make it a point to pray privately, in accordance with what Jesus taught in his Sermon on the Mount (Matthew 6:6), trying to do my level best to get heard. But I don't blame God or myself for those miners' deaths. And I'm not quite ready to forgive or forget.
Yet apparently someone else's private prayers were answered, as there has been a heretofore unrevealed miracle. It is supernatural that the media has "uncovered" all of Massey's mine safety violations, yet continues to bless Gov. Manchin by neglecting to nail down why his administration let Massey continue to do business as usual. Massey may well be the worst scofflaw in the history of the state. Unless I'm mistaken, it is responsible for far more tragic and unwarranted industrial fatalities in WV than any other business in this century.
My short remembrance posted below is dedicated to all the deep miners who have been, and continue to be, sold short by the State's lack of due diligence. It also goes far to reveal why yet another political leader cunningly attempts to invoke God's will over the fate of doomed miners.
This disaster was portrayed by both politicians and reporters as a act of divine will. West Virginia governor announced that miracles were needed. President Bush offered "God's blessings and America's prayers" for the trapped men. ...When asked what outsiders could do, the company head said "Pray." source
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