April 10, 2010
Prosecution of Management at WV Mine Twice Considered in 2009
Results Called Private
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) -- An inspection summary of the Upper Big Branch South Mine indicates that on April 3, 2009 and June 11, 2009 MSHA began preliminary special investigations of the site.
According to a mine safety site, the purpose of a special investigation is to determine whether any manager or supervisor should be prosecuted.
Regulators issued 60 withdrawal orders (miner evacuation) for the mine since the beginning in 2009. Two news agencies have reported that the outcome of these investigations “is not public.” These investigations sometimes trigger a criminal probe.
Although the inspection summary stated that such an investigation commenced, there are no entries regarding resolutions. Chuck Miller, U.S. Attorney for the Southern District of WV, declined to comment on these investigations, according to a Charleston Gazette report.
A PDF of the inspection summary can be downloaded, HERE.
MSHA’s Special Investigation Division handles potential knowing and willful violations, as well as cases in which a miner may have been retaliated against for reporting of safety issues. Even a knowing violation is only a misdemeanor under criminal law. The only felony occurs for falsification of safety records.
Aracoma Coal, a Massey Subsidiary, paid $2.5 million in fines and pled guilty to ten criminal charges after a January 2006 fire killed two workers at the Alma No. 1 mine, the Gazette reported. Court documents reveal that failure to repair a “key ventilation wall” led to the miner’s deaths.
Another Messey Energy subsidiary, White Buck Coal Co. received criminal charges for skipping a safety check. That cost them a $50,000 fine.
Finally, a Charleston TV station reported that Michael Callaghan, a former federal prosecutor and current Charleston attorney, stated, “A.T. Massey has been the outlaw of the coal industry.” The attorney explained that his comment is based on the current information available concerning repeated violations of the Mine Safety and Health Act.
Members of West Virginia’s Congressional delegation have called for special hearings. President Obama has asked for a preliminary report on the accident be available next week.
Share This Story:
Make HNN Your Homepage (IE Users Only)
Prosecution of Management at WV Mine Twice Considered in 2009
Results Called Private
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) -- An inspection summary of the Upper Big Branch South Mine indicates that on April 3, 2009 and June 11, 2009 MSHA began preliminary special investigations of the site.
According to a mine safety site, the purpose of a special investigation is to determine whether any manager or supervisor should be prosecuted.
Regulators issued 60 withdrawal orders (miner evacuation) for the mine since the beginning in 2009. Two news agencies have reported that the outcome of these investigations “is not public.” These investigations sometimes trigger a criminal probe.
Although the inspection summary stated that such an investigation commenced, there are no entries regarding resolutions. Chuck Miller, U.S. Attorney for the Southern District of WV, declined to comment on these investigations, according to a Charleston Gazette report.
A PDF of the inspection summary can be downloaded, HERE.
MSHA’s Special Investigation Division handles potential knowing and willful violations, as well as cases in which a miner may have been retaliated against for reporting of safety issues. Even a knowing violation is only a misdemeanor under criminal law. The only felony occurs for falsification of safety records.
Aracoma Coal, a Massey Subsidiary, paid $2.5 million in fines and pled guilty to ten criminal charges after a January 2006 fire killed two workers at the Alma No. 1 mine, the Gazette reported. Court documents reveal that failure to repair a “key ventilation wall” led to the miner’s deaths.
Another Messey Energy subsidiary, White Buck Coal Co. received criminal charges for skipping a safety check. That cost them a $50,000 fine.
Finally, a Charleston TV station reported that Michael Callaghan, a former federal prosecutor and current Charleston attorney, stated, “A.T. Massey has been the outlaw of the coal industry.” The attorney explained that his comment is based on the current information available concerning repeated violations of the Mine Safety and Health Act.
Members of West Virginia’s Congressional delegation have called for special hearings. President Obama has asked for a preliminary report on the accident be available next week.
Share This Story:
Make HNN Your Homepage (IE Users Only)
