Federal Judge Allows Massey Mine to Stay in Operations- They "didn't commit enough serious safety violations to qualify..."

Massey Energy Company has the following statement on their website: "S-1 means Safety First at Massey Energy Company and it’s not just a slogan. It is our top priority every day. We strive for sustainable excellence in safety and freely share our safety innovations to benefit the entire industry."

Following the death of 29 miners, caused by the explosion, I'm hesitant to believe that Massey Energy has a "total commitment to safety and a significant investment in the necessary training, equipment and personnel." One would think that a company that puts such bold statements regarding safety would follow all safety and federal regulations. Their history shows otherwise.

The mining explosion is the worst coal mining disaster since a 1970 explosion at Finley Coal Company, in Hyden, Ky. where 38 were killed. The blast at Upper Big Branch comes four years after a pair of other West Virginia mine disasters — an explosion that killed 12 miners at the Sago mine and a fire that killed two at the Aracoma Alma coal mine (NY Times). According to federal records, the mine has been cited various times for "substantial" violations regarding repeated problems with methane buildups. CEO Don Blankenship has strongly defended the company's record and disputed accusations from miners that he puts coal profits ahead of safety.

Following the mining disaster and after taking into consideration Massey's track record, many Americans voiced their strong opinions that something needed to be done-justice needed to be served. President Obama stated that the tragedy would be investigated and that we would "demand accountability." Kevin Stricklin, of the federal Mine Safety and Health Administration, said he planned an aggressive investigation of the disaster. “I can tell you this: No stone will be left unturned,” he said.

Apparently many felt the same- with the exception of a federal judge. A federal judge ruled Tuesday that a Massey Energy Corp. coal mine with one of the highest safety violation and injury rates in the nation did not commit enough serious safety violations to qualify for a special enforcement program that could lead to a shutdown. According to the Washington Post, Federal Mine Safety and Health Review Commission Judge David Barbour concluded Tuesday that just 19 of the violations were "significant and substantial," meaning they would have been likely to cause serious injuries or death to miners. The pattern-of-violations program requires 25 significant and substantial violations.

"As today's ruling demonstrates, even mine operators with serious safety problems can evade pattern-of-violations status," Main said. Massey said in a statement: "We are pleased that we prevailed....Even the most conscientious inspectors can make errors."

Massey Energy obviously feels it is above the law. This federal judge has not only confirmed this but has motivated the company to keep operating in a dangerous manner. Indeed we agree with the Mine Safety Health Administration director Joseph A. Main when he said that it showed "the system is broken." There is no excuse that a company such as Massey that bluntly ignores safety and federal regulations be given a pardon and be allowed to operate. This company will keep violating federal safety standards and keep endangering hundreds of workers and contractors. Shame on this judge and the system to allow this. We weren't aware the death of 29 hard working Americans isn't considered serious and substantial enough to demand repercussion and severe consequences.

Sources:
*Kindy, Kimberly. "Federal Government Loses a Battle against a Massey Mine in Virginia." WashingtonPost.com. 09 June 2010. Web. 09 June 2010.
*"Safety Massey Energy Company." Home Massey Energy Company. Web. 09 June 2010.
*Urbina, Ian. "No Survivors Found After West Virginia Mine Disaster - NYTimes.com." The New York Times - Breaking News, World News & Multimedia. 09 Apr. 2010. Web. 09 June 2010.