For 29 Dead Miners, No Justice
By DAVID M. UHLMANN
NYT
Ann Arbor, Mich.
EARLY on April 5, 2010, in the heart of West Virginia coal country, a huge explosion killed 29 workers at Massey Energy’s Upper Big Branch Mine. Later that day, President Obama directed Labor Secretary Hilda L. Solis to conduct “the most thorough and comprehensive investigation possible” and to work with the Justice Department to investigate any criminal violations.
On Tuesday, the Labor Department issued a 972-page report on the calamity — the nation’s worst mining disaster in 40 years. It concluded that Massey’s “unlawful policies and practices” were the “root cause of this tragedy.” It identified over 300 violations of the Mine Safety and Health Act, including nine flagrant violations that contributed to the explosion.
The scathing findings probably came as no surprise in West Virginia, where Massey had a well-earned reputation for putting miners at risk, breaking unions and polluting the environment.
However, what jumped off the pages for me, as a former federal prosecutor, was the revelation that Massey had kept two sets of books at the mine: one for internal use, which recorded hazards, and a second for Mine Safety and Health Administration inspectors, which did not. In addition, Massey routinely gave its facilities advance notice of inspections, which is a crime under federal law, and intimidated its workers so that they would not report safety and health violations.
(More here.)
NYT
Ann Arbor, Mich.
EARLY on April 5, 2010, in the heart of West Virginia coal country, a huge explosion killed 29 workers at Massey Energy’s Upper Big Branch Mine. Later that day, President Obama directed Labor Secretary Hilda L. Solis to conduct “the most thorough and comprehensive investigation possible” and to work with the Justice Department to investigate any criminal violations.
On Tuesday, the Labor Department issued a 972-page report on the calamity — the nation’s worst mining disaster in 40 years. It concluded that Massey’s “unlawful policies and practices” were the “root cause of this tragedy.” It identified over 300 violations of the Mine Safety and Health Act, including nine flagrant violations that contributed to the explosion.
The scathing findings probably came as no surprise in West Virginia, where Massey had a well-earned reputation for putting miners at risk, breaking unions and polluting the environment.
However, what jumped off the pages for me, as a former federal prosecutor, was the revelation that Massey had kept two sets of books at the mine: one for internal use, which recorded hazards, and a second for Mine Safety and Health Administration inspectors, which did not. In addition, Massey routinely gave its facilities advance notice of inspections, which is a crime under federal law, and intimidated its workers so that they would not report safety and health violations.
(More here.)
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