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McAteer Report Says Upper Big Branch Mine Explosion Preventable

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Wreckage inside the Upper Big Branch mine after a April 5, 2010 explosion killed 29 miners. (Courtesy photo).

By Steven Allen Adams
steven@westvirginiawatchdog.org

A report released Thursday morning by the Governor’s Independent Investigation Panel on last year’s Upper Big Branch Mine disaster laid the bulk of responsibility on Massey Energy, saying poor ventilation, lack of rock dusting, and malfunctioning water sprayers on equipment contributed to an explosion that killed 29 miners in the worst mine disaster in 40 years.

“A great deal went wrong and a great many problem occurred that led to this disaster,” said lead investigator J. Davitt McAteer at a press conference at Tamarack in Beckley, W.Va. “That’s not unlike other disasters, but in this instance it was compounded by a multitude of problems…Basic fundamental safety precautions and practices were neglected, were not followed. And those contributed mightily to the loss of the lives of these miners.”

The 126-page report took a year to complete and involved over 300 interviews, with 18 Massey Energy executives, including former CEO Don Blankenship, taking the fifth amendment.

“I find that very troubling,” McAteer said. “I’ve been in this business a long time and I fund that is a huge number of people that declined to be interviewed. I respect their right under the Constitution, but the purpose of our investigation and the investigation by the state and federal agencies is to get to the bottom and prevent this from occurring again. Their unwillingness to participate in that process is most unfortunate.”

The report concluded the the disaster was man-made and could have been prevented. The independent panel, led by former Clinton-era Assistant Secretary for Mine Safety and Health Davitt McAteer, concluded that explosive gases built up due to the mine’s poor ventilation plan. Rock dusting, a method of spreading crushed limestone to mix with combustible coal dust to prevent explosions, was not properly done according to the report. Malfunctioning water sprayers on the shearer allowed a spark, likely caused when a drill bit hit the ceiling. The lack of rock dusting allowed coal dust to be the fuel for the fire, combined with the build-up of methane due to the poor ventilation in the mine.

“We are long past the time where we in this country in 2010 and 2011 can accept the loss of 29 individuals and go on continuing,” McAteer said. “If we are to have a mining industry, we have to reform ourselves, reform the way we do business, or our fellow citizens will suggest to us that we needn’t be engaged in the business at all.”

Investigators also criticized Massey for failing to take action on safety violations, and MSHA and the West Virginia Office of Miners’ Health Safety and Training for not enforcing state and federal mine safety laws that could have put a stop to the mine’s unsafe practices.

“I applaud the actions of this Mine Safety and Health Administration in enforcement since April 5,” McAteer said. “I think that more needs to be done in that way.”

“It is not just the Congress of the United States and the Legislature of the State of West Virginia, but it is also the mining industry which must step forward and change the way that business is being done,” McAteer continued. “Companies can and do mine safely. Companies operate day in and day out without causing explosions that take so many lives. We have to fix that.”

The disaster occurred April 5, 2010, taking the lives of 29 miners. On April 13 then-Governor Joe Manchin asked McAteer to form an independent panel to investigate the cause of the explosion. McAteer’s report closely mirrors the findings of MSHA, which released a preliminary report in January and plans to release the final report at the end of June.

“(The McAteer report) is consistent with the evidence MSHA has found to date,” said Joe Main, MSHA Assistant Secretary. “MSHA is a ‘find and fix’ organization. And we are playing a significant role in making mines safer.  Yet, there are mine operators that don’t get it.  They operate differently when MSHA is not there, and they know MSHA cannot be there all the time.  That’s why we have called on Congress to provide us with more tools to protect miners.  We need to make sure that recalcitrant operators do get it.”

Massey Energy disagreed with the McAteer report. The company believes that a crack in the mine floor released large amounts of methane at once, and that the mine disaster was unpreventable.

“We disagree with Davitt’s conclusion that this was an explosion fueled by coal dust,” said Shane Harvey, general counsel for Massey Energy. “Again, we believe that the explosion was caused by a massive inundation of methane-rich natural gas. Our experts feel confident that coal dust did not play an important role. Our experts continue to study the UBB explosion and our goal is to find answers and technologies that ultimately make mining safer.”

Senate President Earl Ray Tomblin, acting as governor, said West Virginia Office of Miners’ Health Safety and Training plans to use the McAteer report to continue to update regulations and statutes. Tomblin has already increased funding for more mine inspectors and pay raises to help with recruitment and retention of mine inspectors. Tomblin said inspectors are focusing on rock dusting issues, starting a specific lab for rock dust analysis, and the agency now has a mine rescue truck and command center for better communication in mine emergencies.

“I want to thank Davitt McAteer and his team for their hard work and dedication in presenting the Report to the Governor on the Upper Big Branch mine disaster,” Tomblin said. “With the information presented in the Report, we are steps closer to identifying the cause of this horrific incident and also to identifying potential reforms to improve mine safety.”

Both U.S. Sens. Jay Rockefeller and Joe Manchin released statements concerning the report. Manchin, who created the independent panel as governor during the disaster, praised the report.

“As the independent investigation reports, this tragedy could have been prevented and these types of mistakes should never be repeated,” Manchin said. “The recommendations of the report will provide a blueprint going forward so that no other miners will be put in jeopardy and no other families will have to endure a preventable tragedy.”

Read the full report below:

McAteer Report Says Upper Big Branch Mine Explosion Preventable

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