Lexington Herald Leader Editorial: "Gaming The System Leads To Loss Of Life [As] Coal Company Ignored Fines And Put Profit Over Worker Safety".
Gaming the system leads to loss of life
Coal company ignored fines and put profit over worker safety
The coal miners who died last week weren't working to keep the lights on.
Massey Energy's Upper Big Branch mine in southern West Virginia was producing high-quality metallurgical coal, an ingredient in steel-making.
With domestic demand for coal slumping because of the recession, Massey has been aggressively expanding its output of metallurgical coal for export to Asia and other emerging markets.
That may explain why the company cut corners on safety while driving up production.
It does not explain why federal mine safety inspectors did not, or could not, protect the workers.
Twenty-five miners were killed Monday in the Massey-owned mine. As of Friday, poison gases had prevented rescuers from reaching four others, who could have taken shelter in an airtight refuge chamber.
The history of serious violations that has come to light reveals that the mine was an explosion waiting to happen.
Why did the U.S. Mine Safety and Health Administration fail to cite Massey for this pattern of serious violations?
Such a citation would have triggered stricter enforcement options, including a shutdown.
The particulars are still emerging. But it's been known for some time that mine operators are avoiding citations for being serious repeat-offenders by tying up safety cases in appeals.
This is an unintended outcome of the stronger mine-safety law enacted four years ago in response to a string of fatal mine explosions in West Virginia and Kentucky.
Fines for mine-safety violations were increased and MSHA was given more power and resources to conduct more inspections.
In response, the industry began routinely appealing all fines of more than $10,000, creating a huge backlog for the 10-judge panel that hears the appeals.
USA Today reports that coal operators have paid just seven percent of the fines they have received for major health and safety violations in the past three years.
Massey's Upper Big Branch mine has paid just one major fine since 2007, which cost $10,750; it has appealed or is delinquent on 21 major fines worth $505,000, according to USA Today's analysis of records.
The deterrent effect is ruined when mine operators can avoid paying fines. Operators can also avoid being cited for a pattern of violations because, under an MSHA regulation, the violations can't be counted until all the appeals are final.
MSHA was already considering changing this regulation — and should, though it's too late for the miners who, as Labor Secretary Hilda Solis said, died "unnecessarily."
The Upper Big Branch Mine was expected to produce 1.6 million tons of coal worth $145 million the rest of this year. The mine will not reopen until investigators are able to thoroughly examine it.
Richmond, Va.-based Massey is expected to shift some of its lost metallurgical production to mines in Kentucky and Virginia that it is acquiring through a $960 million purchase of Cumberland Resources.
The loss of production will hurt Massey and its CEO Don Blankenship more than the loss of life or any monetary fines.
As long as production matters more than safety to some in the industry, federal inspectors must have the power to shut down dangerous mines and not hesitate to use it.
Read more: http://www.kentucky.com/2010/04/11/1219314.html#ixzz0kq0BbESD
Coal company ignored fines and put profit over worker safety
The coal miners who died last week weren't working to keep the lights on.
Massey Energy's Upper Big Branch mine in southern West Virginia was producing high-quality metallurgical coal, an ingredient in steel-making.
With domestic demand for coal slumping because of the recession, Massey has been aggressively expanding its output of metallurgical coal for export to Asia and other emerging markets.
That may explain why the company cut corners on safety while driving up production.
It does not explain why federal mine safety inspectors did not, or could not, protect the workers.
Twenty-five miners were killed Monday in the Massey-owned mine. As of Friday, poison gases had prevented rescuers from reaching four others, who could have taken shelter in an airtight refuge chamber.
The history of serious violations that has come to light reveals that the mine was an explosion waiting to happen.
Why did the U.S. Mine Safety and Health Administration fail to cite Massey for this pattern of serious violations?
Such a citation would have triggered stricter enforcement options, including a shutdown.
The particulars are still emerging. But it's been known for some time that mine operators are avoiding citations for being serious repeat-offenders by tying up safety cases in appeals.
This is an unintended outcome of the stronger mine-safety law enacted four years ago in response to a string of fatal mine explosions in West Virginia and Kentucky.
Fines for mine-safety violations were increased and MSHA was given more power and resources to conduct more inspections.
In response, the industry began routinely appealing all fines of more than $10,000, creating a huge backlog for the 10-judge panel that hears the appeals.
USA Today reports that coal operators have paid just seven percent of the fines they have received for major health and safety violations in the past three years.
Massey's Upper Big Branch mine has paid just one major fine since 2007, which cost $10,750; it has appealed or is delinquent on 21 major fines worth $505,000, according to USA Today's analysis of records.
The deterrent effect is ruined when mine operators can avoid paying fines. Operators can also avoid being cited for a pattern of violations because, under an MSHA regulation, the violations can't be counted until all the appeals are final.
MSHA was already considering changing this regulation — and should, though it's too late for the miners who, as Labor Secretary Hilda Solis said, died "unnecessarily."
The Upper Big Branch Mine was expected to produce 1.6 million tons of coal worth $145 million the rest of this year. The mine will not reopen until investigators are able to thoroughly examine it.
Richmond, Va.-based Massey is expected to shift some of its lost metallurgical production to mines in Kentucky and Virginia that it is acquiring through a $960 million purchase of Cumberland Resources.
The loss of production will hurt Massey and its CEO Don Blankenship more than the loss of life or any monetary fines.
As long as production matters more than safety to some in the industry, federal inspectors must have the power to shut down dangerous mines and not hesitate to use it.
Read more: http://www.kentucky.com/2010/04/11/1219314.html#ixzz0kq0BbESD
Labels: News reporting
posted by KYJurisDoctor at 8:08 AM
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