The Bell Law Firm, PLLC

Here in West Virginia, last week was all about the Upper Big Branch mine disaster. First, federal prosecutors announced that they had reached a settlement -- a record settlement, in fact -- with Alpha Natural Resources. Then, the U.S. Mine Safety and Health Administration released its long-awaited report on the mining accident. Each has its critics.

The $200 million settlement includes restitution for the families of the 29 miners who died and the two miners who were injured in the blast. Each family will receive $1.5 million from Alpha, the company that took over Massey Energy this summer.

Critics found it strange that both past and future settlements from civil suits would be included in that $1.5 million. The U.S. Attorney described the amount as a baseline; no family will receive less.

A large chunk of the settlement will go toward regulatory fines levied against Massey. MSHA issued citations for 369 violations that will cost the company more than $10.8 million. A dozen of those violations contributed to the disaster; MSHA categorized the penalties for each of the 12 as "flagrant," meaning that each could carry as much as a $220,000 fine.

While MSHA clearly stated that the accident was entirely preventable, the report seemed to gloss over MSHA's own role in the blast. The conclusion that the explosion and lost lives were the result of "a workplace culture that valued production over safety" falls short of admitting that MSHA failed to enforce health and safety regulations at the site.

Here, critics point to the two internal memos that detailed exactly the same issues that caused the blast -- but six years earlier. In 2003 and 2004, MSHA investigators found that methane gas was seeping through the mine floor at UBB. The memos detailed the agency's recommendations -- the steps Massey needed to take in order to avoid an explosion.

The company treated these recommendations as it treated so many others: It ignored them.

And so did MSHA.

To be continued.

Sources:

Charleston Gazette, "UBB deal calls for safety improvements, resolves fines," Ken Ward Jr., Dec. 6, 2011

Charleston Gazette, "Report links MSHA failure to UBB blast," Ken Ward Jr., Dec. 7, 2011