Twenty-five miners are dead after a huge explosion in the Upper Big Branch West Virginia mine owned by Massey Energy, in the worst U.S. mining disaster in nearly 25 years. The deaths of so many workers are horrible as it is, but what makes this case truly disturbing is Massey Energy’s safety record leading up to the explosion.
Investigations have revealed that Massey Energy was written up over 50 times in the last month for safety violations. Shockingly, 12 of these write-ups were for problems with mine ventilation, which is necessary to prevent deadly methane gas from building up, especially for the Upper Big Branch mine which produces 2 million cubic feet of methane a day. In fact since 2005 federal inspectors have proposed $1.89 million in fines for Massey Energy for 1,342 safety violations.
Unfortunately, companies can challenge safety citations and fines, as Massey did in many of these cases. It appears that the energy company focused on the citations carrying the heaviest fines, and right now about $1.3 million in fines is being contested. Contesting citations also means that they don’t appear on the company’s permanent safety record until the dispute is settled, potentially making companies appear safer than they really are.
What does Massey Energy CEO Don Blankenship say about the recent disaster? In a recent radio interview he stated that mine accidents are "unfortunately an inevitable part of the mining process." Indeed – when workplace deaths and injuries are inevitable, why make your workplace safer when you can instead spend time and money fighting citations and fines against your company?
This terrible situation is a great example of why it is so important for us to protect and strengthen our civil justice system. Without the threat of legal consequences, miners and their families would be left at the mercy of profit driven men like Blankenship.
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