CHARLESTON, W.Va. -- Survivors of the 2006 fire at the Aracoma Alma No. 1 Mine have won a major round in their court battle with Massey Energy.
Late last week, Logan Circuit Judge Roger L. Perry ruled that nine miners who escaped the fire had proven four of the five key elements to making a case against Massey's Aracoma Coal Co. subsidiary.
In a series of three rulings issued Jan. 27, Perry also declined to throw out the miners' effort to sue the Massey parent company over the fire.
Two miners, Ellery Hatfield and Don Bragg, died in the Jan. 19, 2006, fire. Their families settled a lawsuit filed against Aracoma Coal. Details of the deal have not been disclosed.
Nine miners who escaped the fire also have sued Massey and Aracoma. Generally, they allege that inhaling smoke from the fire caused long-term health concerns, and that the experience has caused them to suffer physical and emotional injuries.
In order to sue their employer, Aracoma Coal, successfully, the miners must meet the five-part test spelled out in West Virginia's "deliberate intent" statute. Those parts include: There was an unsafe working condition that could cause death or injury, the employer knew of that condition and the risk it posed, the unsafe working condition was a violation of state or federal or industry standards, the employer intentionally exposed workers to that unsafe condition, and the employee suffered serious injury as a result.
Perry ruled that the miners had met the first four parts of that test, citing federal and state citations and Aracoma Coal's guilty plea to criminal mine safety violations that caused the fire and the fatalities.
"Aracoma's conduct in this case is clear and uncontroverted," Perry wrote. "Given the voluntary admissions of guilt, it is clear not only that Aracoma acted with deliberate intent regarding the unsafe working conditions in its coal mine, it acted with criminal intent."
Among other findings, Perry noted that the company's expert witness in the case, Joseph Overbay, testified in a deposition that he would not contradict the state or federal findings or any of the wrongdoing Aracoma pleaded guilty to in its deal with federal prosecutors.
Under Perry's ruling, the miners now have to prove only one other element to make their case against Aracoma Coal: That they suffered serious injury in the fire.
And the judge also rejected the company's argument that the miners could not, as a matter of law, prove that they had been seriously injured. That allows lawyers for the miners to take that issue to a jury and seek damages from Aracoma and from Massey.
In allowing the miners to pursue their case against the Massey parent company, Perry noted a widely publicized Oct. 15, 2005, memo in which Blankenship told mine superintendents to ignore other issues and "run coal."
Massey has pointed to a follow-up memo dated Oct. 26, 2005, in which Blankenship said the earlier memo should not have been misconstrued to mean that safety was a "secondary responsibility."
But Perry ruled that the second memo could be used as evidence to try to convince a jury that Blankenship, as CEO of Massey, was controlling day-to-day matters at the Aracoma Mine.
"The fact that the second memo needed to be transmitted supports the contention that Aracoma management would have received the first memo and taken action upon the directives of the memo. The Court does not herein find that Mr. Blankenship exercised inappropriate control over Aracoma, but that such an interpretation is possible," the judge wrote. _________________________________ U. S. Mine Rescue Association www.usmra.com
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CHARLESTON, W.Va. — The federal Mine Safety and Health Administration says it's starting a program aimed at preventing fatal accidents.
MSHA says the Rules to Live By program will focus on the most common violations cited during fatal accident investigations. The agency said Tuesday the program will include outreach to the industry and targeted enforcement by its inspectors.
According to MSHA, a review of nine years of data showed falls, roof and wall collapses, heavy equipment and poor maintenance, among other things. The agency found West Virginia was the deadliest mining state during that period with 94 fatalities, followed by Kentucky with 78.
MSHA says it plans to formally start the program Feb. 11 in Austin, Texas, and Feb. 12 in Charleston. _________________________________ U. S. Mine Rescue Association www.usmra.com
Home of the largest and most comprehensive repository of mine safety training materials on the planet. www.usmra.com/repository/
HARRISBURG —Former Gov. Mark Schweiker will lead a discussion on the Quecreek Mine accident and recovery on April 21 at the State Museum in Harrisburg.
Schweiker will address the commonwealth’s capacity to help local communities respond to emergencies and to meet the security challenges in the post-9/11 era.
The talk is part of the State Bookstore’s 2010 lecture stories at the State Museum in Harrisburg.
The presentation will start at 12:05 p.m. in the museum’s auditorium and conclude with a question-and-answer period and book signing.
_________________________________ U. S. Mine Rescue Association www.usmra.com
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National Contest Rules Training meeting during the week of March 23-25, 201.
NOTIFICATION OF TRAINING OPPORTUNITY
The 2010 Coal Mine Rescue, First Aid, Bench and Preshift Rules Training will be held during the week of March 23-25, 2010 at the National Mine Health and Safety Academy, Beaver, West Virginia. Team representatives, state agencies and MSHA are being given an opportunity to receive rule interpretations directly from the Chief Judges and Assistant Chief Judges.
Please arrange for Key Officials to attend the 2010 Coal Mine Rescue, First Aid, Bench and Preshift Rules Training March 23-25, 2010 at the National Mine Health and Safety Academy, Beaver, West Virginia. There will also be a Key Officials’ meeting beginning at 3:00 p.m. on Monday, March 22, 2010.
MSHA will audio conference the Rules Training to Birmingham, Alabama, Grand Junction, Colorado, Western Kentucky and Price, Utah. The sessions will be presented from the Academy Auditorium on Eastern Standard Time on the dates and times listed below:
Tuesday, March 23, 2010
9:00 a.m.
Mine Rescue Rules
Poynter/Burns
Tuesday, March 23, 2010
At the end of the Mine Rescue Session on this day (This session will not be audio conferenced)
Mine Rescue Problem Designers’ Meeting
Poynter/Burns
Wednesday, March 24, 2010
9:00 a.m.
Mine Rescue Rules
Continued
Poynter/Burns
Wednesday, March 24, 2010
1:00 p.m.
Bench Rules for BG-4
Bench Rules for BIOPAK 240-S
Bench Rules for BIOPAK 240-R
Brown/Stepp
Wednesday, March 24, 2010
At the end of the Bench Session on this day
Preshift Rules
Hixson/Godsey
Wednesday, March 24, 2010
At the end of the Preshift Session on this day (This session will not be audio conferenced)
Preshift Problem Designers’ Meeting
Hixson/Godsey
Thursday, March 25, 2010
9:00 a.m.
First Aid Rules
Barton/Wright
Thursday, March 25, 2010
At the end of the First Aid Session on this day (This session will not be audio conferenced)
First Aid Problem Designers’ Meeting
Barton/Wright
The Academy is holding a limited number of rooms available for MSHA employees who will be participating in this training. Lodging arrangements have already been made for Key Officials at the Academy. Please respond to Kelly Tharp at tharp.kelly@... with a listing of participants from your district to assure that housing is available.
Attendees for the Rules Training have been asked to submit any questions they may have to Norman Page by March 7, 2010. We will then forward the questions to the Chief Judge so these concerns may be addressed during the respective session.
Please contact all Mine Rescue, First Aid, Bench and Preshift participants within your District and inform them of the opportunity to attend the training. A general notification will also be posted on MSHA’s Mine Rescue home page.
The 2010 Coal Mine Rescue, First Aid, Bench and Preshift Competition Rules will be posted on MSHA’s Mine Rescue home page (www.MSHA.gov) as soon as possible, and will remain there until after the 2010 Competition Season. Although attendees have been notified in past years that copies of the Rules would not be available for handout at the training; resources are no longer available to provide this service. Consequently,attendees must bring a copy of the Rules to the training. No copies are being made for handout.
If you have any questions or concerns, please contact Carolyn Archer, Diane Crouse or Eva Yeary at 276-679-0230.
Thanks,
Carolyn Archer on Behalf of
Norman G. Page, Director
2011 National Mine Rescue, First Aid, Bench and Preshift Competition
LIMA – Eight workers died in an accident at a coal mine in the northern Peruvian province of Oyon, the official Andina news agency said Wednesday.
“We’re still carrying out the steps in the case with the aim of determining the causes of the accident that (resulted in) the deaths of the workers,” a police spokesman told Andina.
The spokesman said that the incident occurred on Wednesday morning in a mine in the Gasuna sector of the mountains north of Lima.
The bodies of the victims were transported to the Oyon morgue.
An Oyon resident told RPP radio that the mine belongs to the firm Minera Gamuza.
In another incident on Tuesday, a miner died and two others were seriously injured when part of a tunnel collapsed in the San Cristobal mine in the central region of Junin, CPN Radio reported.
_________________________________ U. S. Mine Rescue Association www.usmra.com
4 killed in Ukraine mining accident eTaiwan News February 4, 2010
News reports say four people have been killed in an explosion at a coal mine in eastern Ukraine.
The Interfax news agency cites officials in the Krasnoluchsky town council as saying one body has been pulled from the rubble.
The RIA-Novosti news agency also reported the explosion, which took place Thursday morning at the Zaporozhskaya mine in the Lugansk region.
The reports gave no details about the cause of the blast.
Outdated equipment and poor safety standards make Ukraine's coal mines among the world's most dangerous. Officials say three miners die for every 1 million tons of coal brought to the surface.
_________________________________ U. S. Mine Rescue Association www.usmra.com
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Great place to hang out when you have a few weeks with nothing to do. USMRA's Streaming Media Video Library, with hundreds of videos, makes it easy to view and download your favorite safety videos and movies.
Sunshine Mine shaft is blocked Shoshone News Press February 5, 2010
BIG CREEK — Dislodged shaft timbers at the Sunshine Mine have obstructed underground travelways, Sterling Mining Co. reported Thursday.
Robert Higdem, Sterling Mining Co. General Manager, said the timbers were discovered last week Thursday above the 3000 level in the Silver Summit shaft during weekly inspections.
Technical Services Manager Guy Sande said the found timber appears to have blocked the manway and running compartments.
Higdem said the blockage has not completely interfered with ventilation flow in the mine.
The exact cause and extent of shaft damage, Sande said, are in the process of being determined.
The Mine Safety and Health Administration has been notified of the Silver Summit shaft impassibility, Higdem said.
Sande said Sterling care and maintenance crew — a 15-person team of mechanics, electricians, shaft repairmen, hoistmen and water treatment operators — are analyzing the situation and exploring a variety of ways to begin shaft repairs.
Work will be moving cautiously, Sande said, so personnel may focus on any safety issues that arise.
Despite this recent timber-clog, Sande and Higdem both report efforts to de-water the Sunshine Mine will not be affected.
Sande said the care and maintenance crew will continue pumping operations — an ongoing process since the company's possession of the property on Aug. 20.
In the beginning the flooding had been close to the 3100 level, Sande said, and after these last five months of work it is now below 3500.
Sande said the goal is to reach the 3700 station while the care and maintenance crew finishes evaluating the mine property.
_________________________________ U. S. Mine Rescue Association www.usmra.com
The USMRA is on Facebook Having joined in late December 2009, the USMRA's presence on Facebook opens up additional avenues for the membership to communicate with one another. We've taken advantage of this free service to provide members an opportunity to post comments, links, photos, videos and even engage in robust discussions about the state of mine rescue.
It's anticipated that as more sign up, Facebook will add yet another dimension for the USMRA, the largest and most popular organization of this type in the world. You're all invited to Become a Fan of the USMRA on Facebook!
China high court stresses 'mercy' in death penalty
Associated Press
February 10, 2010
BEIJING — China's highest court has issued new guidelines on the death penalty that instruct lower courts to limit its use to a small number of "extremely serious" cases.
The Supreme People's Court told courts to use a policy of "justice tempered with mercy" that takes into consideration the severity of the crime, the state-run Xinhua News Agency quoted court spokesman Sun Jungong as saying in a report late Tuesday.
The guidelines reflect the court's call last July for the death penalty to be used less often and for only the most serious criminal cases. China executes more people than any other country, but the high court has been more outspoken recently about the need to tone it down.
The court reviews all death sentences from lower courts before they are carried out, and its comments have indicated more of those death sentences could be overturned.
Still, China faced strong international criticism at the end of December when it executed a British man accused of drug smuggling, despite a plea for mercy from the British prime minister and concerns that the man had mental problems.
Rights group Amnesty International has said China put at least 1,718 people to death in 2008. China does not release an official count.
The death penalty is used even for nonviolent crimes such as corruption or tax evasion. In recent months, China has executed a dairy farmer and a milk salesman for their roles in a vast tainted milk scandal.
It also sentenced to death a businesswoman for cheating investors out of $56 million, and an explosives maker who supplied an illegal iron mine with material that ignited and killed 26 miners.
One man was sentenced to death after killing four people in what was thought to be China's first death penalty for a drunk-driving case. The sentence was later reduced to life in prison.
The new guidelines say minors and senior citizens should be punished with leniency, Xinhua reported. But they also say crimes involving officials who have misused their position should be handled "with severity" — another strike in China's continuing fight against widespread corruption.
The China Daily newspaper has reported the Supreme People's Court overturned 15 percent of death sentences handed down in 2007 and 10 percent in 2008. _________________________________ U. S. Mine Rescue Association www.usmra.com
CHARLESTON, W.Va. - The federal Mine Safety and Health Administration is starting a new safety program aimed at preventing deadly accidents.
MSHA plans to launch the Rules to Live By program Friday in Charleston. The agency says the program will focus on the most common violations cited during fatal accident investigations. It includes outreach to the industry and targeted enforcement by its inspectors.
According to MSHA, a review of nine years of data showed falls, roof and wall collapses, heavy equipment and poor maintenance, among other things. The agency found West Virginia was the deadliest mining state during that period with 94 fatalities, followed by Kentucky with 78.
MSHA figures show mining fatalities declined to 34 last year, from 53 in 2008.
_________________________________ U. S. Mine Rescue Association www.usmra.com
The federal Mine Safety and Health Administration has set a March 15 deadline to start cracking down on the most common violations cited during fatal accident investigations.
Inspectors also will look specifically to make operators obey 24 separate regulations as part of part of the agency's "Rules to Live By" campaign, MSHA director Joe Main said Friday in Charleston. Violations of the 24 rules were involved in about half of 589 mining deaths from 2000 through 2008. The campaign is aimed at reducing deaths among the estimated 423,000 people who work at almost 15,000 mines and quarries across the nation.
Mining fatalities declined to 34 last year, from 53 in 2008, but Main wants to eliminate them altogether.
"If we're going to eliminate mining deaths, we've got to go the extra mile and this program that we're laying out gets us a step closer to that extra mile," he said. "The grief that's left behind from these accidents is just totally unmeasurable."
Until mid-March, the campaign will focus on educating miners, mine operators and trainers in hopes of raising safety consciousness among everyone who could be endangered, Main said. Inspectors also will discuss safety with miners during inspections.
Once MSHA starts cracking down on violators, inspectors also will look for reasons to increase fines, Main said.
Data shows the most common causes of deadly accidents include falls, roof and wall collapses, heavy equipment mishaps and poor maintenance, MSHA says. The agency found West Virginia was the deadliest mining state during that period with 94 fatalities, followed by Kentucky with 78.
10 yrs needed to "fundamentally" improve coal mine safety
China Daily February 13, 2010
BEIJING: China's coal production safety record has improved over the past 10 years, with annual fatalities at coal mines falling from a peak of 6,995 deaths in 2002 to 2,631 in 2009, according to Zhao Tiechui, head of the State Administration of Coal Mine Safety (SACMS).
Zhao said China reported over 20 major coal mine accidents (with death toll of more than 10) in 2009, much less than the peak of 70. For each 1 million tonnes of coal produced, the mortality rate has fallen from 5.4 to less than 1 in 2009.
Zhao, however, warned that China's coal mines were still accident-prone and the world's largest coal-producing country still faced a difficult task in improving its coal mine safety.
He said China, which set up the SACMS 10 years ago to improve the safety conditions of coal mines nationwide, would still need another 10 years to "fundamentally improve" China's coal production safety record.
Zhao said China's coal-dominated energy mix would not change drastically in the next several decades and the country's coal production was expected to surpass 3.1 billion tonnes in 2010.
"Coal mine safety is still a big problem," he said. "Awareness of safety and rule of law is still low in some coal-rich areas and some coal enterprises."
China's annual coal production jumped from just over 1 billion tonnes in 2000 to almost three billion tonnes in 2009. Currently 70 percent of China's primary energy generation comes from coal.
With regards to safety, the complicating factor was that around 90 percent of more than 10,000 coal mines in China were small, and their safety record was far worse than large operations, he said.
For each 1 million tonnes of coal produced, the death toll at small mines is eight times that of large state-owned ones.
In 2009, coal produced by small mines accounted for 35 percent of national total, but the accidents and fatalities at them accounted for nearly 70 percent of the total, Zhao said.
He said 1,088 small coal mines were closed last year, and a total of 13,000 small coal mines had been shut down since 2005. _________________________________ U. S. Mine Rescue Association www.usmra.com
Tremont man sent to prison for violating probation
Republican Herald - Pottsville, PA, USA
February 13, 2010
The Tremont man originally charged with detonating a fatal blast in 2006 in a Tremont Township mine must go to prison for violating his probation, a Schuylkill County judge ruled Friday.
Jeffrey T. Klinger, 43, will serve three to six months behind bars under the terms of Judge Jacqueline L. Russell's sentence.
"It just does not appear to me that nonconfinement supervision is appropriate," Russell said before imposing her sentence, which also requires Klinger to pay costs and perform 40 hours community service.
Friday represented the second time Russell ruled Klinger had violated his probation. The violations have turned what originally was a 60-day term of probation into prison time.
Russell ruled Klinger's two violations of a protection from abuse order, which he admitted on Jan. 13 when he pleaded guilty to two indirect criminal contempt charges stemming from those incidents, also constituted violations of his probation.
"Violating a protection from abuse order is criminal activity," Russell told Klinger.
In sending Klinger to prison, Russell followed the recommendation of Deputy Attorney General Stevan K. Portman.
"The defendant has exhibited ... a lack of personal responsibility," Portman said. "I believe prison would be in his best interest at this time."
Klinger unsuccessfully asked Russell not to imprison him any longer.
"I would just like to go home and raise my daughter and go back to work," he said.
That work no longer includes mining, which Klinger had done until Oct. 23, 2006.
On that date, according to the state attorney general's office, Klinger set off an explosion in the R&D Coal Co.'s Buck Mountain Mine. Dale Reightler, 43, of Donaldson, was killed in the blast.
However, Klinger pleaded guilty on Sept. 16 only to two violations of mining law: blasting coal or rock without first obtaining a certificate to mine and storing explosives or detonators in the direct line of blasting. Russell placed him on probation for 60 days.
Russell revoked Klinger's probation on Nov. 9 after the miner had been charged with driving under the influence in a separate case. That DUI case is still pending.
On Nov. 23, Russell sentenced Klinger to one month on house arrest and five more on probation.
Hegins Township police charged Klinger with violating the PFA order, which Russell had filed on Dec. 28, by visiting the victim's home on Dec. 31, while state police at Schuylkill Haven charged him with violating the same order by calling her and visiting her home on Jan. 3
The Tremont man originally charged with detonating a fatal blast in 2006 in a Tremont Township mine must go to prison for violating his probation, a Schuylkill County judge ruled Friday.
Jeffrey T. Klinger, 43, will serve three to six months behind bars under the terms of Judge Jacqueline L. Russell's sentence.
"It just does not appear to me that nonconfinement supervision is appropriate," Russell said before imposing her sentence, which also requires Klinger to pay costs and perform 40 hours community service.
Friday represented the second time Russell ruled Klinger had violated his probation. The violations have turned what originally was a 60-day term of probation into prison time.
Russell ruled Klinger's two violations of a protection from abuse order, which he admitted on Jan. 13 when he pleaded guilty to two indirect criminal contempt charges stemming from those incidents, also constituted violations of his probation.
"Violating a protection from abuse order is criminal activity," Russell told Klinger.
In sending Klinger to prison, Russell followed the recommendation of Deputy Attorney General Stevan K. Portman.
"The defendant has exhibited ... a lack of personal responsibility," Portman said. "I believe prison would be in his best interest at this time."
Klinger unsuccessfully asked Russell not to imprison him any longer.
"I would just like to go home and raise my daughter and go back to work," he said.
That work no longer includes mining, which Klinger had done until Oct. 23, 2006.
On that date, according to the state attorney general's office, Klinger set off an explosion in the R&D Coal Co.'s Buck Mountain Mine. Dale Reightler, 43, of Donaldson, was killed in the blast.
However, Klinger pleaded guilty on Sept. 16 only to two violations of mining law: blasting coal or rock without first obtaining a certificate to mine and storing explosives or detonators in the direct line of blasting. Russell placed him on probation for 60 days.
Russell revoked Klinger's probation on Nov. 9 after the miner had been charged with driving under the influence in a separate case. That DUI case is still pending.
On Nov. 23, Russell sentenced Klinger to one month on house arrest and five more on probation.
Hegins Township police charged Klinger with violating the PFA order, which Russell had filed on Dec. 28, by visiting the victim's home on Dec. 31, while state police at Schuylkill Haven charged him with violating the same order by calling her and visiting her home on Jan. 3.
_________________________________ U. S. Mine Rescue Association www.usmra.com
BEIJING — China's coal mining industry, the world's deadliest, has improved dramatically but will need another decade to make more fundamental changes, the country's mine safety director said Saturday.
Accidents last year killed 2,631 coal miners, much lower than the peak of 6,995 deaths in 2002, said Zhao Tiechui, head of the State Administration of Coal Mine Safety, according to the official Xinhua News Agency.
That works out to 7.2 deaths a day in 2009, down from 19.1 a day in 2002.
But Zhao said China's coal mines are still accident-prone and face a difficult task of improving further. He added it would take another 10 years to "fundamentally improve."
"Awareness of safety and rule of law is still low in some coal-rich areas and some coal enterprises," Zhao was quoted as saying.
China has closed or absorbed hundreds of smaller, often-illegal private mines into state-owned operations, which are generally safer. Xinhua reported the death rates per 1 million tons of coal produced were eight times higher at smaller mines.
Seventy percent of China's energy comes from coal. Zhao said output was expected to surpass 3.1 billion tons this year, up from slightly more than 1 billion tons in 2000, according to Xinhua.
Lax safety, a lack of training and equipment, and a rush to feed China's insatiable demand for coal to fuel its booming economy are behind many of the accidents.
A coal mine blast in northeastern China in November killed 108 miners, in the country's deadliest mining accident in two years. _________________________________ U. S. Mine Rescue Association www.usmra.com
Book
on mine disaster was journey of discovery for author
Billings Gazette
February
20, 2010
Massachusetts-based
writer Susan Kushner Resnick stumbled onto the story of the Smith Mine disaster
while on a family vacation to Montana.
Visiting
the Bearcreek Saloon in the small Carbon County community, she began reading a
newspaper account posted on the wall of how women waited day after day to hear
news of 74 miners trapped after explosions rocked the coal mine on Feb. 27,
1943.
All
74 men would be found dead, killed by explosions, burns or gas poisoning. One
rescuer later would succumb from the gas, too, after spending days looking for
the miners.
Drawn
by the poetic report of the women’s heroic strength, Resnick decided she
wanted to read the book about the mining accident.
When
she realized there was no full-length narrative book, she started writing her
own.
Five
years later, “Goodbye Wifes and Daughters” is done.
The
title of the book comes from a note that two doomed miners scrawled on a board
before they were overcome by toxic gases in the mine.
The
discovery of that note and two others written by miners before their deaths is
one of many poignant moments in the story that has played itself out in the
lives of the miners’ families.
Resnick
tracks the stories of several miners’ families before and after the
accident.
She
gives a detailed account of the dangerous and agonizing rescue that took more
than a week. Some of the bodies had decomposed so badly that their families and
friends could only identify them by clothing they wore or what they had in
their pockets.
Among
the most compelling stories is that of Mary Wakenshaw, who lost her husband,
father and father-in-law. Her two children lost their father and both
grandfathers.
After
their deaths, Wakenshaw moved to Billings, where she and her daughter, Frannie
Brown, lived until their deaths a few years ago.
Resnick
became friends with Mary’s son, Bob Wakenshaw, who now lives in Spokane,
Wash. She also writes about Thelma Mourich Bischoff, now 83 and living in Red
Lodge, who lost her father and uncle.
Bischoff
hasn’t seen the book yet but remembers the days that she waited at the
mine for word of her relatives as if it were yesterday.
She
also remembers how lively the multi-ethnic community was, with stores, schools
and community gatherings before the accident. Many residents left town not long
after the deaths of so many men.
“It
ruined Bearcreek,” Bischoff told The Gazette recently.
When
Resnick started the book, she expected it to be a human-interest story about
how women dealt with the deaths of their husbands, brothers, fathers, sons and
grandfathers.
But
as she researched the book, she came across the official reports by mine inspectors
before the explosions and of the official inquiries after.
She
concludes that the explosions in the mine were not a natural disaster and were
the result of unsafe conditions — including high levels of methane gas, a
build-up of coal dust and half of the miners continuing to use open-flame head
lamps.
Many
of the problems were noted during a visit by a federal mine inspection four
months before something set off an initial explosion and a second explosion of
coal dust.
Officials
of the Montana Coal & Iron company that owned the mine knew of those
problems but didn’t do enough to correct them, Resnick writes.
She
also says that James Freeman, MCI general manager, lied about delaying buying a
machine that would have helped control coal dust in the mine.
The
coal company claimed that modifications that federal inspectors required to
increase ventilation in the mine caused the explosion.
Lax,
outdated state mining laws and poor enforcement of those that did exist also
contributed to the disaster.
Resnick
is a journalist who has written for the New York Times Magazine, Boston
Magazine, Parents Magazine and Utne Reader.
She
also has written a book called “Sleepless Days: One Woman’s Journey
through Postpartum Depression.”
Resnick,
46, lives in Massachusetts with her husband, son and daughter.
Her
husband and son will come with her to Montana.
“I
want them to be at the end of the story,” she said. “They were in
on the beginning.”
Price
-- Federal mine inspector Frank Markosek risked his life in the summer of 2007
trying to rescue six trapped miners in the Crandall Canyon coal mine.
For
his efforts, he has endured 2½ years of physical and mental anguish from
injuries suffered when a mine wall blew in on the rescuers -- killing three,
wounding six -- and from the bureaucratic nightmare that followed.
The
experience has left the third-generation miner asking, "Why am I being
punished because I didn't die?”
As
a federal employee, Markosek's months of medical treatment and rehabilitation
for numerous broken bones and a traumatic brain injury were covered by the
federal workers' compensation program. But after a time, the U.S. Labor
Department agency that administers the program urged him to join other disaster
victims in a wrongful death and injury lawsuit against the mine's owners,
primarily Murray Energy Corp., and their insurance carriers.
When
the case was settled out of court last year, the Labor Department required him
to repay the workers' comp program for what it had laid out for his medical
care and lost wages, minus "reasonable attorneys' fees and court
costs." The reason? The Federal Employees' Compensation Act, supported by
long-established case law, mandates that beneficiaries of litigation against a
third party must reimburse the federal government before getting their share of
the lawsuit's proceeds.
Markosek,
59, cannot disclose how much money that is, citing a confidentiality clause in
the settlement agreement (whose value also has not been revealed). But the
reimbursement easily exceeded six figures -- a sizable portion of his share of
the settlement.
"Congressmen
probably go to dinner on that much [money]," he said sarcastically.
"But to me, that's a bunch of living."
Markosek
was not entirely alone in his financial exposure. Lola Jensen had to repay
medical expenses incurred by her late husband, Gary, also an Mine Safety and
Health Administration (MSHA) inspector, in the few hours he lived after being
injured in the blast. Because he died that night, her debt was much smaller.
All
of the others who died or were injured were employees of Murray Energy's
subsidiaries. But in consultation with its insurance carriers, the company was
able to cover the workers' comp repayments they owed to the state.
That
flexibility was not available in dealing with the federal employees.
No
separate deals
Markosek
could have recouped some of his workers' comp obligation by claiming a larger
share of the settlement offer made by the mine owners. But the way the
agreement worked, the companies made an all-encompassing offer that the victims
as a group had to accept or reject. Once accepted, they had to figure out among
themselves how to divide the lump sum.
"For
Frank to try and negotiate a separate deal, or a deal that got him more money
to cover the repayment could have scuttled the whole deal," said Spencer
Siebers, one of Markosek's attorneys.
"Frank
was not willing to do that. There were folks in the case who needed that case
to settle, and Frank was certainly not willing to hold them up or try to better
his circumstances at their expense," Siebers added. "He went into
that mine to fight for those guys at great personal expense, and he kept
fighting for them at real cost to himself throughout the negotiations."
Instead,
Markosek and his attorneys tried to get the federal compensation program to
waive the repayment. But as Markosek's lead attorney, Fred Silvester, noted in
a letter seeking assistance from U.S. Sen. Bob Bennett's staff, the Labor
Department agency responded that it could not compromise or forgive the bill
"irrespective of the circumstances of the accident or the strength or
weakness of the case."
A
department spokesman later told The Salt Lake Tribune that the workers' comp
program "obtains millions of dollars in reimbursements ... every year, and
the repayment has never been waived."
The
only solution was to turn to Bennett and Sen. Orrin Hatch for help. Markosek
did that through his sharp-tongued wife, Trudy. But to the couple's disgust,
Utah's senators have provided little more than "lip service,"
Markosek said. "They say, 'Oh, that ain't right. We'll look into it.' But
that's as far as it goes."
Bennett
spokeswoman Tara DiJulio said her boss appreciates the "heroic and
selfless" actions of Markosek and the other rescuers. Although Bennett
continues to seek a solution, she said, "it would take an act of Congress
and the president to overturn this law, which would dramatically alter workers'
compensation requirements for all federal employees and could result in some
unintended circumstances."
For
privacy reasons, Hatch does not discuss cases brought to him by constituents,
said spokesman Mark Eddington. But "if a Utahn approached him with a case
similar to this one, he would do all he can ... to help. Unfortunately,
sometimes cases such as these come down to what the law says, and if the law
specifically prescribes the repayment of the money, then there is little that
can be done.
"The
MSHA employees who risked everything in the 2007 Crandall Canyon mine disaster
are true heroes, and they deserve the respect and the thanks of a grateful
nation," Eddington added. "Senator Hatch truly hopes something can be
worked out to help them."
Poppycock,
fired back Trudy Markosek. "They don't give a s--- about it."
Reliving
the tragedy
The
Markoseks' nightmare began Aug. 16, 2007, at 6:38 p.m.
The
laborious effort to rescue six miners missing deep underground after a massive
collapse of the mine's walls was in its 10th day. Markosek had been assigned to
Crandall Canyon for the first time the afternoon before, teaming with fellow
MSHA inspectors Jensen and Scott Johnson to monitor Murray Energy crews clawing
through debris-filled tunnels toward the last known working area of the missing
six.
He
felt the operation was under control, largely by the noises the Emery County
mountain was making as crews tunneled through it, setting up steel reinforced
chain-link fence structures to keep the walls in place.
"We
were hearing bumps and bounces, some pretty decent bangs," Markosek said.
"It felt to me like the mountain was relieving and not building up
[pressure]. You get nervous when it's quiet."
So
he was caught off guard when the tunnel's right wall exploded without warning,
pummeling rescuers with chunks of coal and steel beams. Markosek recalls only
that he was talking to Jensen, and that the doomed crew's shift would have
ended as soon as it finished setting up support materials along the left wall.
A replacement crew already was in the mine, driving to the working face.
"Five
more minutes, and everybody would've been back out of the way," he
lamented recently in his Price home. "Five or 10 more minutes and nobody
would have been hurt."
Markosek
does not remember being pulled from debris that piled up 4 feet deep in the
tunnel, riding out of the mine in the back of a pickup or taking an ambulance
ride from Huntington Canyon to Castleview Hospital in Price. "Somebody
upstairs was watching out for me because I missed all the gory stuff," he
said. "I guess he decided I didn't need to know that."
He
came to briefly at the hospital, where Trudy and daughter Tammy were waiting
after news spread of the accident. Trudy was not prepared for what she saw.
"His eye was popped out [of its socket] and all his face below it was
crushed in," she said. "I was in shock. I never felt that Frank would
get hurt in a mine, ever, because he was so good at his job."
But
he was, badly enough that he was airlifted to Utah Valley Regional Medical
Center in Provo, where he spent almost two weeks receiving intensive treatment.
"My
ankle was broke, my leg was broke, my knee was tore up, my tailbone was broke,
I think three bones in my back, two bones in my neck, my elbow, three ribs. I
think there was some pelvic injuries, too, and lots of cuts and bruises,"
Markosek recounted. "And my head injury. I have a plate in my head now.
And I had some brain damage."
A
chapter that needs closing
After
his release from the hospital, he endured months of physical rehabilitation,
"basically I about had to learn how to walk all over again." For four
months, Trudy drove him to and from Murray, where he spent weekdays in a motel
so therapists from Rehab Without Walls could help him learn how to deal with
his traumatic brain injury.
The
injury "changed my attitude," he said. "Before, I was a mellow
person. Nothing upset me. But after that, I went just the opposite. Things
would really set me off quick."
Over
time, Markosek made progress. He learned to control his temper. He slept more.
He could take walks. Eventually, he could play the piano and drive short
distances. But he couldn't continue restoring vintage automobiles because of
dizzy spells brought on by the brain injury. And the sight of little pieces of
coal embedded in his cheek, creating a Zorro-like scar, bothered him so badly
every time he looked in the mirror that he had to have surgery to remove it.
Along
the way, he and Trudy missed the note from the federal Office of Workers'
Compensation Program, informing them of the need to repay the federal
government if a third-party settlement were reached.
Lola
Jensen didn't. She got her letter in the mail within days of her husband's
death.
"It
was very disturbing. It said that with our workers' compensation policy, if a
third party was to be found liable, then we had to sue or we would risk losing
our workers' comp funds. And it laid out a formula for what they would expect
back."
By
the time the Markoseks learned from their attorneys about the reimbursement
requirement, most medical expenses had been incurred.
"I
would have probably done some things differently, on some of the doctors they
made me go see," he said. "It doesn't bother me so much that I have
to pay the medical [expenses] back, but it bothers me I have to pay back the
wages that I would have been earning."
Would
have. Markosek is retired, on long-term disability. His retirement party was
held last September at the Carbon Country Club. MSHA's top coal official, Kevin
Stricklin, attended. For his service to the agency, Markosek received a safety
lamp.
That's
a meaningful but small reward for putting your life on the line, said Price
Mayor Joe Piccolo, a fervent supporter of Markosek's cause.
"We've
made some progress to help all of those most affected in the Crandall Canyon
accident. This is the final chapter that needs to be closed," Piccolo
said. "It needs to be done fairly and equitably."
FAIRVIEW -- The Mine Safety and Health Administration
evacuated and shut down the Federal Number 2 Mine last Wednesday, officials
said.
Monday,
the 400-500 miners who work at Federal Number 2 were still hearing a message
from Patriot Coal telling them the mine is idle until further notice.
An
explosive level of the mixture of methane and oxygen was found in at least one
of the mine fills at Federal Number 2, said officials at the Office of Miner's
Health, Safety and Training.
There
could be up to 90 fills in that mine, which are areas that have already been
mined and are now sealed off and filled in as a safety precaution.
State
regulations require those areas to be checked every 24 hours, officials said.
Companies
normally add nitrogen to eliminate the explosive mixture, but Patriot Coal
officials have not said if that's what they will do in this situation.
Patriot
Coal has made no comment on the situation and hasn't said when it expects the
miners to return to work.
MSHA
will have to inspect the mine for safety before it can reopen.
Last
year, U.S. Labor Secretary Hilda Solis and Congressmen Alan Mollohan toured the
mine to discuss safety.
ANKARA,
Turkey — A methane gas explosion on Tuesday caused the collapse of an
underground chamber of a Turkish coal mine in northwestern Turkey, trapping
several workers, an official said Tuesday.
The
blast occurred at a mine near the town of Dursunbey in Balikesir province, said
Ibrahim Kucuk, the local governor.
"We
can't give any information on the casualties right now," Kucuk said.
"There are several people under the debris."
Rescue
workers were on their way to the mine, 20 kilometers (12 miles) from the center
of Dursunbey, Kucuk said.
In
December, a similar accident killed 19 miners in Bursa province, also in
northwestern Turkey. Safety violations and outdated equipment have been factors
in past mine accidents in the country.
In
Turkey's worst mining disaster, a gas explosion killed 270 workers near the
Black Sea port of Zonguldak in 1992.
An explosion ripped
through a coal mine in northwest Turkey on Tuesday, Turkish television stations
reported, with up to 50 workers believed missing.
The explosion comes two months after 19 workers died when a coal mine close to
the city of Bursa collapsed after a dynamite explosion. Mining disasters are
common in Turkey. The worst disaster, at Zonguldak, in 1992 killed 263 workers.
17 miners killed in
northwest Turkey mine collapse
Houston Chronicle Associated Press
February 23, 2010
ANKARA, Turkey —
Turkey's state-run news agency says 17 workers have been killed as a methane
gas explosion caused the collapse of an underground chamber in a coal mine in
northwestern Turkey.
The Anatolia news agency
says 29 other miners have been evacuated and the rescue work is now over. The
blast Tuesday at the mine near the town of Dursunbey in Balikesir province
buried the miners nearly 820 feet (250 meters) below the surface on.
THIS IS A BREAKING NEWS
UPDATE. Check back soon for further information. AP's earlier story is below.
ANKARA, Turkey (AP)
— A methane gas explosion Tuesday caused the collapse of an underground
chamber of a Turkish coal mine in northwestern Turkey, killing one miner and
trapping more than two dozen others, officials and news reports said Tuesday.
The blast occurred at a
mine near the town of Dursunbey in Balikesir province. Ruhi Yilmaz, the mayor
of Dursunbey, said more than two dozen workers were still trapped.
The state-run Anatolia
news agency said 49 miners were believed to be in the mine at the time of the
collapse and 23 of them have been evacuated so far. Nine workers were
hospitalized, some with severe burns, and one of them died, the agency said.
The mine is 20 kilometers
(12 miles) from the center of Dursunbey.
In December, a similar
accident killed 19 miners in Bursa province, also in northwestern Turkey.
Safety violations and outdated equipment have been factors in past mine
accidents in the country.
In Turkey's worst mining
disaster, a gas explosion killed 270 workers near the Black Sea port of
Zonguldak in 1992.
Regulators vow changes to swamped mine safety process
Louisville Courier-Journal
February 23, 2010
WASHINGTON — The nation’s top mine regulator assured Congress Tuesday that his agency will revamp its enforcement process to stem the flood of coal-industry challenges to federal safety citations that has resulted in 16,000 backlogged cases.
We need a better system here,” said Joseph Main, head of the federal Mine Safety and Health Administration.
Coal operators in Kentucky, Indiana and other states are challenging so many citations that the resulting backlog is allowing repeat violators to endanger the safety of miners, Main told the House Education and Labor Committee.
The committee chairman, Rep. George Miller, D-Calif., held up a stack of 16,000 backlogged cases at the Federal Mine Safety and Health Review Commission. Just four years ago, the backlog was about 2,700 cases.
“This staggering caseload will render federal efforts to hold bad mine operators accountable meaningless,” Miller said. “It is unacceptable.”
But Rep. Glenn Thompson of Pennsylvania, the ranking Republican on the panel, said he didn’t think mine operators were acting in bad faith.
“Rather it appears mine operators are simply adapting to a punitive new regulatory environment that favors litigation and conflict over collaboration,” Thompson said.
The citations are issued by MSHA but can be appealed to the commission, which is an independent entity. The commission’s decisions can be appealed to the federal courts.
Bruce Watzman, senior vice president of regulatory affairs for the National Mining Association, argued that the mining industry is enjoying record safety levels, with 85 percent of mines operating in 2009 without a single accident.
He blamed the case backlog on MSHA’s changes to its conferencing process and penalty assessments, actions that “created an irrational process.” The changes forced operators “into a time-consuming, expensive adjudicatory process that does nothing to increase miner safety,” Watzman said.
“While honest people can disagree as to the underlying cause for this, one fact that is not in dispute: these actions do not jeopardize miner safety and health,” he said.
The nation had 18 mining deaths last year — the smallest number since at least 1900 — with one in Kentucky and none in Indiana.
MSHA is reviewing cases involving mines with large numbers of “significant and substantial” safety violations — the most serious kind — and will try to push those companies’ challenges to the head of the line for final adjudication, Main said.
Agency inspectors define “significant and substantial” safety violations as those likely to result in serious injury or illness. Citations in the backlog include such violations as dangerous electrical and mechanical equipment, accumulation of explosive coal dust, improper mine ventilation and roof-control procedures and lack of miner training.
Until citations are finalized, MSHA can’t use them to issue a finding of a “pattern of violations” that could close a mine, Main said.
According to MSHA, 48 mines employing more than 6,000 miners likely would face “pattern of violations” warnings if not for the delays in processing challenges at the review commission.
The agency also plans to reinstate informal conferences between inspectors and mine operators to resolve disputes over citations.
Citations will be simplified, Main said, and MSHA is studying the possibility of additional financial incentives beyond the current 10 percent reduction in civil penalties for operators who fix violations.
Mary Lu Jordan, chairman of the review commission, said her agency is hiring more judges and law clerks, evaluating ways to streamline its procedures, including electronic filings of some motions, and combining numerous contests involving the same operators.
“We are keenly aware of Congress’ concern,” Jordan said.
In Kentucky, 80 percent of 536 high-dollar fines for “significant and substantial” safety violations are being contested by the mine operators, according to MSHA records. In Indiana, 86 percent of 288 fines for the most serious violations are being challenged.
Cecil Roberts, president of the United Mine Workers union, said the coal industry has spent “enormous sums” to comply with new safety initiatives under the 2006 mining law. But some mine operators are appealing as much as 91 percent of MSHA safety citations, he said.
“Does anyone believe … those are all legitimate? Of course they’re not,” Roberts said.
TURKISH officials now say the death toll from a methane explosion in a coal mine in the northwest of the country is 13.
The Anatolia news agency reported today that Labor minister Omer Dincer said the initial toll of 17 dead was inaccurate.
The agency has clarified that that 13 workers were killed and 18 hospitalised after the explosion in the mine in Balikesir province last night evening.
Four survivors were in critical condition, Dincer said after visiting the hospital where the miners were treated, Anatolia reported.
Forty-six people were working in the mine when a pocket of methane caught fire at a depth of 820 feet (76 metres) company officials said.
Seventeen people were reportedly killed in the same mine in a 2006 accident.
Explosions and cave-ins are not uncommon in Turkey, particularly in privately-run mines where respect for safety regulations is often minimal.
In December, 19 workers were killed when a coal mine in Bursa province in the northwest caved in after the miners set off some dynamite.
CHARLESTON, W.Va. (AP) -- The state agency charged with enforcing coal mine safety laws will move to ban a miner accused of falsifying safety records from ever working in a West Virginia coal mine, a spokeswoman said Wednesday.
Miners' Health, Safety and Training spokeswoman Jama Jarrett said the agency will take action against John Renner once an investigation against him is complete. Renner received his underground mining certificate 2004 and his assistant foreman certificate in 2008.
Renner is charged in a federal document with falsifying safety inspection reports at Patriot Coal's Federal No. 2 mine. The document says the charge stems from his Jan. 24 inspection of the mine's No. 27 block seal.
Lawyers representing Renner did not immediately return a telephone call seeking comment on Wednesday.
The state launched an investigation after receiving a complaint on Jan. 24. The state investigation was halted after the federal Mine Safety and
Health Administration got involved. Falsifying safety reports is a federal crime.
Jarrett said during an interview with state inspectors, Renner told them that he had not completed part of his examination that included methane gas levels behind sealed portions of the mine. There are more than 90 seals in the north-central West Virginia mine, she said.
Federal mining rules require action if methane gas levels in sealed areas reach explosive ranges. MSHA adopted the rule after 12 men died after methane exploded in a sealed area of the Sago Mine on Jan. 2, 2006.
The Federal No. 2 mine was idled Feb. 18 due to dangerous atmospheric conditions in a sealed area. The company said it is working with MSHA on a revised ventilation plan.
Jarrett said the Renner investigation triggered the review of the mine's sealed areas.
The federal agency routinely warns coal companies that changes underground caused by winter weather can increase methane levels and make working conditions unsafe. Companies are to ensure mines are properly ventilated.
MSHA and NIOSH are investigating a problem that CSE has identified with its
SR-100 Self-Contained Self-Rescuer (SCSR). The problem involves 4,071 SCSRs
that may deliver less than expected oxygen from their start-up cylinders.
The
CSE User notice states that if a breathing bag on an SCSR does not
inflate, a miner should don another SCSR. If a second SCSR is not available,
a miner should use the manual start procedure.
MSHA will provide further information as it becomes available.
CSE
Corporation Imposes Recall on SR-100 for Evaluation
PR newswire
February 26, 2010
Recall to affect less than one
percent of units manufactured
MONROEVILLE, Pa., Feb.
26 /PRNewswire/ -- CSE Corporation (CSE) has issued a voluntary recall
and suspended production on the SR-100, a self-contained, self-rescue unit used
in mining operations. The recall is specific to a small segment of
recently manufactured units and is related to an issue with the oxygen starter
mechanism, company officials confirmed today.
"CSE
has a rigorous and thorough, continuous testing process and is committed to the
safety of all miners using its products," said Scott
Shearer, CEO, CSE Corporation. "During a routine quality control
test on the SR-100 units, CSE discovered an issue with the primary starter
mechanism. We immediately suspended production to determine the cause and
extent of the situation and reported the incidents to NIOSH and MSHA."
The
voluntary recall includes withdrawal and replacement of the entire production
lot even though this issue may only affect as little as one percent of those
units. Production of the units will remain suspended until NIOSH and MSHA
approve resumption. CSE has submitted an action plan for review and approval to
the agencies on February 23. Following plan
approval, CSE representatives will visit the affected mines to replace the
units and provide additional training support and outreach.
About CSE Corporation
Established
in 1969, CSE Corporation produces self-contained self-rescuers (SCSRs) designed
to be worn on a miner's belt or stored in an approved area for access in
emergency situations. In the early 1980s, CSE introduced the first available
one-hour oxygen self-contained self-rescuer (SCSR) when federal regulations
began requiring underground miners have access to a 60-minute breathing
apparatus. In 1980 CSE introduced the first belt-wearable SCSR. CSE is a world
leader in SCSR development and technology, earning some of the most prestigious
awards available in the industry. Today the SR-100 will provide 60 minutes of
breathable air. The company is also the maker of portable and machine-mounted
gas monitoring instruments for detecting, measuring and monitoring toxic or
combustible gases and oxygen. The ultimate goal of all CSE products is to
protect and preserve human life.
During
a routine, quality-control test on February 17, 2010,
CSE Corporation discovered an issue with the SR-100’s primary starter
mechanism. CSE immediately suspended production of the units and notified
officials with the National Institute for Occupational Safety and Health
(NIOSH) and the Mine Safety and Health Administration (MSHA) of the test
results. After consulting with officials from both agencies, CSE agreed
to voluntarily recall the portion of units that could potentially have this
issue.
What CSE product was recalled?
The
only CSE product impacted by the recall is the company’s SR-100
self-contained self-rescuer.
What units are affected by the recall?
SR-100
units produced by CSE Corporation with serial numbers A174164 - A180052 have
been recalled.
Has CSE identified the problem with the units?
Yes.
The problem has been traced to the SR-100’s primary starter
mechanism.
If the primary starter mechanism fails, what should the user do?
If
the primary starter mechanism does not work, the user should use another unit,
if one is available. If another unit is not available, the unit’s
manual start can be used. Instructions on the manual start are included
in the SR-100 user manual and training materials and are part of the required
quarterly training for users.
How many units are affected by the recall?
CSE
is being proactive and withdrawing the entire production lot of over 4,000
SR-100s from the field but estimates that less than one percent of this
production lot may be affected.
What should I do if I think I have a unit affected by the
recall?
If
you believe that your SR-100 unit is included in the recall, your company
representative should contact CSE at 1-800-245-2224 and the company will
arrange for a local CSE representative to assist you.
Where were the recalled units sold?
The
recalled units were sold to mining companies with mines in Pennsylvania, West Virginia,
Virginia, Kentucky,
Alabama, Ohio, Colorado, Utah, Wyoming and New Mexico.
How will CSE remove the recalled units from the field?
CSE
will be contacting customers to locate the recalled units, remove them from the
field and replace them.
What is the SR-100?
The
SR-100 is a breathing apparatus worn on the belt to allow for the quickest
possible access to oxygen in emergency situations. The SR-100 is not a
traditional oxygen tank. Rather the SR-100 is a chemical-based re-breather,
which recycles the user’s exhaled breath, chemically scrubs the carbon
dioxide from the air and replenishes it with oxygen.
Who is CSE Corporation?
Headquartered
in Monroeville, Pa. since 1969, CSE Corporation
produces self-contained self-rescuers designed to be worn on a miner’s
belt or stored in an approved area for access in emergency situations. The
company is also the maker of portable and machine-mounted gas monitoring
instruments for detecting, measuring and monitoring toxic or combustible gases
and oxygen.
Dozens trapped in north China coal mine flood
Xinhua - China
March 1, 2010
A coal mine flood in north China's Inner Mongolia Autonomous Region has
trapped dozens of people in the pit since Monday morning, safety authorities
said.
The accident happened at around 7:30 a.m. at Luotuoshan (Mt. Camel) Coal
Mine in Wuhai City, at least 600 kilometers from the regional capital
Hohhot, the State Administration of Work Safety (SAWS) said on its website.
It said 44 mine workers were trapped.
Local authorities in Wuhai, however, said "about 40" were trapped, of whom
eight had been rescued as of 2 p.m.
SAWS chief Luo Lin and deputy chief Zhao Tiechui -- who is in charge of coal
mine safety -- are on their way to the site.
Luotuoshan Coal Mine is owned by Wuhai Energy Co. Ltd. and its parent
company is Shenhua Group, one of China's mining giants.
The mine is designed to produce 1.5 million tonnes a year.
Methane test issue started more than a year ago, mine foreman says
Charleston Gazette
By Ken Ward
March 1, 2010
CHARLESTON, W.Va. -- A Patriot Coal foreman told state and federal investigators he was ordered more than a year ago not to keep records of explosive methane levels he discovered inside sealed portions of the company's Federal No. 2 Mine in Monongalia County.
John Renner of Morgantown said he was also told never to evacuate the huge underground mining operation, regardless of whether mandated methane tests showed dangerous concentrations of the explosive gas.
Renner has been charged with one count of falsifying methane-testing records, but is cooperating with federal prosecutors in an investigation that has targeted at least five other Patriot Coal mine managers at Federal No. 2.
"I'm not going to continue lying for this company," Renner told the federal Mine Safety and Health Administration and the state Office of Miners' Health, Safety and Training.
Renner described the situation at Federal No. 2 in a Jan. 29 interview in Morgantown, a recording of which was provided to the Gazette by the state.
Six months ago, Obama administration Labor Secretary Hilda Solis toured Federal No. 2 and joined company and United Mine Workers officials in touting the mine as a model of good safety practices.
Now, the operation -- which employs nearly 500 workers and produced nearly 4 million tons of coal last year -- is the subject of a broad federal inquiry into allegations of faking key safety reports.
Patriot officials have acknowledged an ongoing investigation "where it is alleged that one or more employees made inaccurate entries in official mine records," but declined further comment.
The investigation focuses on methane tests Patriot Coal is required to take in and around parts of the underground mine that have been sealed off from active production areas. Mine safety regulators are watching sealed areas more closely after explosions in 2006 that killed a total of 17 workers at the Sago Mine in Upshur County and the Darby Mine in Kentucky.
In his Jan. 29 interview, Renner told investigators about an incident in late 2008, when Federal No. 2 was evacuated because of explosive methane levels in a sealed area.
That testing and the evacuation occurred while an MSHA inspector was at the mine, Renner said. But afterward, Renner said, mine ventilation foreman Randy Coffindaffer pulled him aside and told him to ignore poor methane readings unless an MSHA inspector was present.
"He cussed me and screamed at me, told me I was never, ever, under any circumstances [to evacuate the mine]," Renner said. "He said, 'Do you know much money you're costing this company for evacuating [the mine]?<t40>'<t$>"
Renner also described an incident he said occurred in March 2009, when he tried to get Coffindaffer to co-sign a mine safety record book entry that showed dangerous levels of methane in a sealed area.
According to Renner, Coffindaffer ripped the page out of the book.
"It went through the shredder and into the garbage can," Renner said. "He said I better never get caught putting that in the book again."
Coffindaffer was not available Monday afternoon, according to a man who answered the phone at Federal No. 2's main office.
After Renner began talking to investigators, Federal No. 2 has been evacuated three times in the last month because of explosive methane levels found inside sealed areas. The operation remained closed Monday while Patriot Coal and MSHA try to negotiate a solution to the methane levels in those parts of the mine.
Suzy Bohnert, an MSHA spokeswoman, said agency officials were to meet with Patriot again Monday about the issue and would need more time to review the company's proposed plan.
"We do not have a timeline on when Patriot Mine workers may go back to work," Bohnert said. "This will be based on the mine officials' plan to inert the atmosphere in the sealed area."
Work accidents killed more than 83,000 in China last year
Montreal Gazette
March 2, 2010
SHANGHAI -- Going to work proved deadly for 83,196 people in China last year.
They died in 380,000 work-related accidents in mines and factories, on construction sites and on the roadways.
Huang Yi, spokesman for the State Administration of Work Safety, told the official Xinhua News Agency on Tuesday that the toll in 2009 - about the population of Red Deer, Alta., or Prince George, B.C. - was down significantly from the year before with 35,000 fewer accidents recorded and almost 8,000 fewer deaths.
Coal mining is one of the deadliest occupations in China. Just this week, for example, a mine in Wuhai in Inner Mongolia flooded, killing one miner. Rescue workers are still trying to save 31 others who are trapped on two different levels in the mine.
While coal mine safety numbers have improved since 2002 when almost 7,000 miners were killed working in unsafe mines, they are still horrific by any standard.
In 2009, coal-mining accidents claimed 7.2 lives a day on average, for an annual rate of 2,631 deaths.
China relies on coal for 70 per cent of its energy needs and even after repeated government crackdowns on the small, illegal mines where most of the deaths occur, the on-the-job fatality rate remains abysmal,
Zhao Tiechui, head of the State Administration of Coal Mine Safety, told Xinhua recently that it would take another decade to "fundamentally improve" working conditions in China's coal mines.
Huang explained: "Coal mining is a highly dangerous industry and faces huge threats from natural disasters. At the same time, the foundation for work safety in coal mines is relatively weak. So the work safety situation in coal mines is still severe."
Construction deaths are also commonplace in China, not only because of the amount of building that is going on but also the lack of safety precautions on job sites. Visit any major construction site in China, including the showpiece Expo site in Shanghai, and everywhere you look there are workers without safety boots, hard hats or gloves.
Although only one worker was killed, the most spectacular construction site accident in 2009 was in Shanghai last June when a nearly completed highrise apartment building toppled after an unlicensed builder tried to dig a parking garage underneath it. Luckily, it was not a workday and only a handful of workers were around when the building fell to the ground, almost totally intact.
China's love affair with fireworks also claimed workers lives in 2009. The most notable was the fireman who was killed during the Lantern Festival that marked the end the 2009 Chinese New Year celebrations. A traditional fireworks display went awry and set fire to the landmark 30-storey building in central Beijing that was to be the new home for the public broadcaster, CCTV. Damage was estimated at $300 million.
Across the country, scores die lighting fire cracker every New Year - 21 died and 48 were injured just last Friday at a private display in Guangdong province - but many also die in illegal fireworks factories, which are often mom and pop affairs. Accidents in 33 unregulated factories in 2009 claimed 99 victims, according to the State Administration of Work Safety.
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