Records Show Upper Big Branch Mine Amassed Scores of Safety Citations, Thousands in Fines

[Omaha Steve]

http://abcnews.go.com/print?id=10293691

Massey Energy CEO Releases Statement Saying Safety is 'Top Priority'
By MATTHEW MOSK and ASA ESLOCKER

Apr. 6, 2010 —

The West Virginia coal mine where an explosion killed 25 workers and left another four unaccounted for in the worst mining disaster since 1984 had amassed scores of citations from mining safety officials, including 57 infractions just last month for violations that included repeatedly failing to develop and follow a ventilation plan.

The federal records catalog the problems at the Upper Big Branch mine, operated by the Performance Coal Company. They show the company was fighting many of the steepest fines, or simply refusing to pay them. Performance is a subsidiary of Massey Energy. Another Massey subsidiary agreed to pay $4.2 million in criminal and civil fines last year and admitted to willfully violating mandatory safety standards that led to the deaths of two miners. The fine was the largest penalty in the history of the coal industry.

The nation's sixth biggest mining company by production, Massey Energy took in $24 million in net income in the fourth quarter of 2009. The company paid what was then the largest financial settlement in the history of the coal industry for the 2006 fire at the Aracoma mine, also in West Virginia. The fire trapped 12 miners. Two suffocated as they looked for a way to escape. Aracoma later admitted in a plea agreement that two permanent ventilation controls had been removed in 2005 and not replaced, according to published reports.

The two widows of the miners killed in Aracoma were unsatisfied by the plea agreement, telling the judge they believed the company cared more about profits then safety. After the deal, the Massey subsidiary pledged a renewed focus on safety after the fines were levied.

But Bruce Stanley, the attorney who tried the Aracoma Mine accident case, had doubts. He told ABC News Monday there are a lot of similarities between the Aracoma mine and the one involved in this week's tragedy, and he has concerns about Massey's checkered track record on safety issues. Data kept by the Mine Safety and Health Administration show the Upper Big Branch mine has suffered three worker fatalities in last 12 years.

"One can only hope that the level of criminal neglect evident at the Aracoma accident was not repeated at the Upper Big Branch mine," Stanley said Monday night.

FULL story at link.