Labor & Employment Law

Massey Officials Plead Fifth; CEO Is In Denial

By James Parks

At least six officials at Massey Energy pleaded the Fifth?asserting their constitutional right against self-incrimination?and declined to testify in a joint state and federal investigation into the deadly Upper Big Branch mine explosion in April, according to a report on NPR. 

There is mounting evidence to support the preliminary finding by the Mine Safety and Health Administration (MSHA) that coal dust sparked the blast, in which 29 coal miners were killed.Yet CEO Don Blankenship told an investors conference call:

We don’t feel like that we contributed in any way to the accident. We do not believe that coal dust was a meaningful factor.

Among the six who took the Fifth were Elizabeth Chamberlin, Massey’s vice president for safety, and Gary May, a foreman who worked at the Upper Big Branch mine before the explosion.

Davitt McAteer, who is leading an independent investigative team appointed by West Virginia Governor Joe Manchin, told NPR:

The primary driving force of this investigation is to learn what happened so we can prevent more disasters from occurring. [Refusing to testify in the investigation] is a disservice to these 29 [deceased] miners and to finding out what went wrong.

Chamberlin?s and May?s testimony could have been significant. MSHA records show the Upper Big Branch Mine had a significant history of safety issues.

Even more amazing, Massey revealed that it wants to resume mining at Upper Big Branch?an idea the federal government squelched. ?The area Massey wants to mine is in the same seam where the explosion occurred,? MSHA spokeswoman Amy Louviere said.

Given the events surrounding this disaster, our first concern must be the safety of the miners. Massey needs to address these concerns in their plan before MSHA will grant approval.

Full post as published by AFL-CIO NOW BLOG on October 29, 2010 (boomark / email).