USA: Massey Worker Calls Mine 'Ticking Time Bomb'

Extract from Wall Street Journal, USA

BECKLEY, W.Va.—A miner working at the Massey Energy Co. mine when an April 5 explosion killed 29 of his co-workers, said the Upper Big Branch mine was a "ticking time bomb," with numerous safety problems, including poor ventilation for diluting explosive methane.

Stanley "Goose" Stewart, who was 300 feet into the mine and forced to evacuate when the explosion occurred, said he worried about ventilation conditions at the mine as far back as July 2009. He also said that Massey supervisors changed the mine's ventilation controls while miners were working, in violation of federal mine laws.

"Mine management never fully addressed the air problem when it would be shut down by inspectors," Mr. Stewart said. "They would fix it just good enough to get us to load coal again." He said that more recently there were "at least two fireballs" at the working face of the mine as a result of pockets of methane.

"That area was a ticking time bomb," Mr. Stewart said.

Massey has denied that there were safety problems at its Upper Big Branch mine. In a Senate Appropriations Committee hearing Thursday, Massey Chief Executive Don Blankenship said that the federal Mine Safety and Health Administration had required the company to use a ventilation plan at the mine that was more complex and that company officials resisted. He said he didn't know if that ventilation plan played a role in the April explosion. Mr. Blankenship said that the company doesn't put production ahead of safety.

In emotional testimony Monday before a half dozen members of Congress and Labor Secretary Hilda Solis, Mr. Stewart and five family members of miners who were killed at the mine testified about poor safety conditions at Massey's mine prior to the accident that they either experienced or heard about from their relatives.

Steve Morgan said his son Adam Morgan, who was 21 years old when he was killed in the accident, would talk to him in the evenings about conditions in the mine. His son was sent home a week prior to the accident because of "high gas levels," Mr. Morgan said.

He said his son also told him about high levels of potentially explosive coal dust and problems with ventilation controls including curtains that were not used properly. Mr. Morgan said management dismissed his son's concerns when he reported problems.

"The boss pulled him to the side and said, 'If you're going to be that scared of your job you need to rethink your career.'" Mr. Morgan said. He added that he tried to talk his son into quitting his job two weeks prior to the accident.

Gary Quarles, father of Gary Wayne Quarles who was killed on April 5, said regulations need to be strengthened to make inspections by MSHA more effective. "When an MSHA inspector comes onto a Massey mine property, the code words go out 'we've got a man on the property,' " Mr. Quarles said.

Mr. Quarles said he currently works for Massey at the Parker Peerless mine but is off work because of trauma he suffered as a result of losing his son. Several other family members who are also miners said they have yet to return to work because of trauma related to losing their family member.

Clay Mullins, the brother of Rex Mullins, paused in his testimony several times as he fought back tears. He said he faulted MSHA as well as Massey for not shutting down the Upper Big Branch mine. "If the operator doesn't get that mine fixed then someone has to come in and say, 'Enough is enough. We're going to shut this until this problem is corrected.' "

Mr. Mullins said he previously worked at the Upper Big Branch mine. "When I was there before, we always took care of the problems that we had," Mr. Mullins said. "But things must have changed since we left."

Rep. John Kline (R., Minn.), of the House Education and Labor Committee holding the hearing, called the testimony "tough" and "compelling." He said, "There are clearly some things that shouldn't have happened based on your testimony."

Rep. George Miller (D., Calif.), chairman of the committee, said that tipping off the company about federal safety inspections "seems like an obstruction of justice."

West Virginia Gov. Joe Manchin said that more needs to be done to empower miners to speak out about safety issues because many currently fear intimidation by coal operators.

"It's quite disturbing what we're hearing," Mr. Manchin said. "We know from what we're hearing today that it was a time bomb waiting to happen."

Mr. Manchin proposed putting a certified mine safety team in every mine. "I envision teams of miners in each mine that are trained and certified to identify dangerous situations" that would be "protected by law from threats, harassment or intimidation."

During the hearing, Rep. Lynn Woolsey, (D., Calif.) called for stronger mining laws, tougher penalties and better protection for whistle-blowers, in the wake of the explosion.

"It's very clear that we are going to strengthen the mining laws," she said. "We are not up to par as to where we ought to be for 2010." Ms. Woolsey also said there are too many loopholes in the process of identifying and establishing a mine with a pattern of violations and subjecting it to tougher enforcement.

Earlier Monday, Ms. Solis addressed the family members and promised accountability and a thorough investigation into explosion. "We owe them action and we owe them accountability," Ms. Solis said. "We can all honor them that justice is served on their behalf and that an accident on this level never happens again."

At the same time, Ms. Solis defended the investigation by the MSHA. "The MSHA process will allow for unprecedented public participation," Ms. Solis said. "If you have something to say you'll have an opportunity to say it."
 
Editor: Mark Freeman (mark.freeman@industry.nsw.gov.au)