Mine Commission Upholds MSHA Citations after Sago

A federal commission found that a mine operator’s failure to notify MSHA and mine rescue teams immediately after an explosion in 2006 was inexcusable. . Twelve miners were killed as a result of the infamous blast also known as the Sago Disaster.

The U.S. Department of Labor’s Mine Safety and Health Administration announced Tuesday  that the Federal Mine Safety and Health Review Commission overturned a decision by an Administrative Law Judge.  

The Commission has overturned a decision by Administrative Law Judge Jerold Feldman involving the Wolf Run Mining Co.’s Sago Mine in Upshur County.

The Department of Labor said in a release that although the explosion occurred at January 2 at 6:26 a.m MSHA was not contacted until 7:50 a.m.  Efforts to reach a mine rescue team member at his home did not take place until 8:04 a.m.

MSHA issued a citation to the mine operator for failure to immediately notify the agency of the explosion.

The overturned judge Feldman apparently agreed with the company’s reasoning for the late response, saying that commission case law permitted the operator a reasonable amount of time to investigate the event before contacting authorities.

Feldman also thought it reasonable for the operator to allow mine management to execute a rescue attempt first since they would be barred from entering the mine after MSHA arrived.

MSHA appealed and the commission agreed to reinstate the citations for “unwarrantable failure and high negligence.”, The commission upheld MSHA’s previously proposed penalties of $1,500 and $13,000 for two separate citations.

Neighbor Helping Neighbor; West Virginians Setup Donation Stations

Residents are pitching in across the state to help out their fellow West Virginians. Churches, schools and even businesses have been collecting items for several days and sending to areas affected by the ban.

As the ban to use water is slowly lifted, several places in Wyoming County are still collecting items like baby wipes, diapers, formula, and of course … water.

“Go without water for a few days and you’ll just how much you miss that water,” Charlene Cook said.

Cook is the Director of Operations at the Mullens Opportunity Center.  Cook says these items are meant to help those who remain without access to clean water, one of whom she ran into while in at a restaurant in Beckley.

“She was there in Raleigh County to buy water because she said she stood in line for eight hours for a gallon of water and my heart just broke for her,” she said. 

Cook says donations are also meant to help those carrying a financial burden during this time. Some businesses have been closed for almost four days.

Cook remembers all too well what it’s like to be without water. Mullens has been rebuilding since massive a massive flood in 2001.

“So we know what it’s like to have people to reach out to us,” she said. “We’ve been through the boil water advisories.”

In Wyoming County donations are being accepted at the Brenton Community Church, Oceana New Life Church, Pineville Family Resource Network and the Mullens Opportunity Center.

The supplies will be picked up after there is enough to fill a truck. Contact Wyoming County family Resource Network for more information.

MSHA Says 100 Things Have Changed Since Upper Big Branch

The federal mine safety agency says it has finished implementing the 100 regulatory and administrative changes it recommended after West Virginia’s Upper Big Branch mine disaster.

The changes stem from a March 2012 internal report examining the U.S. Mine Safety and Health Administration’s actions leading up to April 2010 explosion that killed 29 miners. The agency says all recommendations in the report were implemented by Dec. 31.

Among the reforms are revision of mine inspection procedure handbooks and development of a new coal roof control handbook, training sessions for agency personnel on issues raised by the review, and improved tracking of inspector retraining.

Joseph A. Main is assistant secretary of labor for mine safety and health. He calls the changes the most extensive improvements at MSHA in decades.
 

Chemical Safety Board to Investigate Freedom Industries Spill

The U.S. Chemical Safety Board says it will investigate a chemical spill in the Elk River that has contaminated the public water supply in nine counties.…

The U.S. Chemical Safety Board says it will investigate a chemical spill in the Elk River that has contaminated the public water supply in nine counties.
 
     Board chairman Rafael Moure-Eraso said Saturday that the board wants to find out how a leak of such magnitude occurred, and how to prevent similar incidents in the future.
 
     U.S. Sen. Jay Rockefeller says he’s pleased with the board’s quick response to his request for an investigation.
 
     Thursday’s spill from a Freedom Industries facility in Charleston also is being investigated by the U.S. Attorney’s Office and the U.S. Occupational and Safety Administration.
 
     West Virginia American Water has told 300,000 people in the affected counties to not drink their tap water or use it for bathing, cooking and washing clothes.
 

Phone Numbers for Local Emergency Management Offices

As Gov. Tomblin's state of emergency remains in effect, the West Virginia Department of Homeland Security & Emergency Management is ask asking residents…

As Gov. Tomblin’s state of emergency remains in effect, the West Virginia Department of Homeland Security & Emergency Management is ask asking residents of the nine affected counties to contact their local emergency management offices for information on available and safe water resources.

West Virginia American Water customers in Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam, and Roane counties are urged NOT to ingest, cook, bathe, wash or boil water.  Water in this coverage area is okayed ONLY for flushing and fire protection. The advisory comes as a result of a chemical spill of 4-Methylcyclohexane Methanol from Freedom Industries, Inc.

Here’s a list of local emergency management offices for the counties affected:

Boone County –  304 369-9913

Cabell County – 304 743-5391

Clay County – 304 587-2019

Jackson County – 304 373-2208  or 304 372-2000

Kanawha County – 304 744-6843

Lincoln County – 304 824-3443

Logan County – 304 752-7662 or 304 752-8817 or Sharples VFD 304-369-2630

Putnam County – 304 586-0246

Roane County – 304 927-0911

Noon Newscast on West Virginia Water Emergency: Beth Vorhees, Ashton Marra, & Dave Mistich Report

Major questions remain in the chemical spill from Freedom Industries, Inc. in the contamination of West Virginia American Water supplies across nine…

Major questions remain in the chemical spill from Freedom Industries, Inc. in the contamination of West Virginia American Water supplies across nine counties. West Virginia Public Broadcasting news director Beth Vorhees interviews Mark Glass from Downstream Strategies, Ashton Marra reports on the recent press conference at West Virginia American Water, and Dave Mistich gives a run down of activity on social media.

Stream the audio above to find out the latest from our Charleston news bureau and be sure to follow @wvpublicnews.

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