April 14, 2010
 
MSHA Issued Violations January 7 for Improper Ventilation at Mine
Violation Asserted Air Unavailable to Miners in Emergency; Aggravated Conduct Alleged; Violation Contested
 
By Tony Rutherford
Huntingtonnews.net Reporter
 
Charleston, WV (HNN) – Almost three months prior to the mine disaster that claimed 29 lives, MESA issued citations to Upper Big Branch Mine alleging “aggravated conduct constitution more than ordinary negligence” related to the mine’s ventilation system. The citation describes air flowing in reverse and in a manner that in case of an emergency “the men would not have fresh air in the primary escapeway.”
 
Terry Moore, mine foreman, told the inspector he was “aware” of the condition which had existed for about three weeks in the mine’s Number One section.
 
In full, the citation reads:
 
The operator is not following the Ventilation Plan as approved by the District Manager on the No.1 section (MMU's 029-0), air flow is not in the direction as shown on the approved map. The intake air split for the No.1 section which is used as the primary escapeway, with the lifeline miners are to use to escape in fresh air in emergency situations, the air flow has reversed with air flow going outby. In case of an emergency the men on this section would not have fresh air in the primary escapeway. Terry Moore, mine foreman, stated he was aware of this condition and that it has existed for approximately 3 weeks. Mr. Moore engaged in aggravated conduct constituting more than ordinary negligence in that he was aware of the condition. This violation is an unwarrantable failure to comply with a mandatory standard.
 
Similarly, on June 17, 2009, ventilation issues were found concerning methane dust control. “This is unwarrantable failure to comply with a mandatory standard,” the inspector wrote follow an admission by management’s Steve Colo that “he was aware of the condition,” which the inspector called “aggravated conduct for failing to take action on a known hazard.”
 
(See MESA violation: http://www.msha.gov/drs/ASP/UBBviolations.asp)
 
Depending upon the medium reporting on the public documents, more than 700 citations were issued, including the exposure to workers of “potentially fatal or disabling conditions nearly 300 times” since 2008, reported USA Today.
 
After the last of the 29 deceased miners were removed, Massey Energy CEO Don Blankenship issued the following prepared statement: “"I want to thank the rescue teams from Massey Energy, teams from other coal companies and all others who worked tirelessly and selflessly for more than a week to recover the miners at the Upper Big Branch mine. Coal miners are an extended family, and the dedication of our miners and miners from competitor companies who put their own lives at risk in the search and recovery effort is commendable." Investigations and preliminary reports on the disaster are already underway.



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