miner safety Story Archives - Page 2 of 3 - West Virginia Public Broadcasting

Do attorneys have to present damaging evidence in court?

A widow is battling for black lung benefits of her dead husband. Mary Fox filed an appeal on behalf of her late husband Gary Fox last year. Testimony before a federal appeals court began today in Virginia.

The hearing comes the same day stories from a yearlong investigation by the Center for Public Integrity revealed lawyers with the Jackson Kelly law firm submitted only favorable evidence in court.

Update: Thursday, November 14, 2013 at 12:22 p.m.

A judge sided with Fox in 2009 after evidence surfaced that attorney’s with Elk Run Coal Company, then owned by Massey Energy, withheld evidence that possibly proves Fox did indeed have black lung. According to the brief filed in federal court, the same decision reopened prior claims.

10294SCAOralArguments.mp3

Listen to oral arguments in the case Mary Fox v. Elk Run Coal Company, Inc., in the US Court of Appeals for the Fourth District.

On Tuesday, Fox’s lawyers, John Cline and Al Karlin, were expected to introduce ethical considerations. The question is: should lawyers be allowed to obtain medical reports from large numbers of experts, submit only the favorable ones and withhold the rest? A decision isn’t expected for a couple of months.

Jackson and Kelly attorneys were expected to argue they have no legal obligation to provide Fox the reports when he didn’t ask for them. According to CPI report, at the time, Fox could not find an attorney willing to take his case so he represented himself.

Jackson and Kelly did not return a request for comment.

The CPI found that in Fox’s case, the firm withheld two pathology reports by its own chosen experts who found his lung tissue consistent with the most severe form of black lung. Jackson Kelly did not disclose the reports, instead building its case around the report of a local hospital’s pathologist that hadn’t identified black lung.

The CPI is reporting that Jackson Kelly lawyers have for decades used “a cutthroat approach to fighting miners’ claims.”

The center says it found this evidence after sifting through hundreds of thousands of pages dating back 40 years.

The West Virginia Office of Disciplinary Counsel opened investigations into three Jackson Kelly lawyers who were involved in Fox’s case. To date, they have not been charged with any wrongdoing.

Oral arguments begin Tuesday morning in Richmond Virginia, but no decision is expected for months.

Alpha Natural Resources spokesperson Steven Higginbottom sent this statement in an email:

"Alpha Natural Resources and its affiliates adhere to the federal Black Lung Benefits Act guidelines when considering claims, as well as to the Federal Rules of Civil Procedure. In the Fox case, the FBL Benefits Review Board exonerated Jackson Kelly of any fraudulent conduct. That decision is presently on appeal to the United States Court of Appeals for the Fourth Circuit and Alpha will not comment further on the matter while it is in litigation."

UBB victims' families furious over amusement park attraction

Kings Dominion does not plan to host a Halloween themed attraction called, Miner’s Revenge next year.

The Virginia-based amusement park does not plan to host a Halloween themed attraction called, Miner’s Revenge next year. The park charged more than $32 for admission during the weekends in October. The haunted attraction’s similarities to the Upper Big Branch disaster similarities infuriated the families of the victims. Some have said it’s eerily similar to their real life nightmare.

Halloween Haunt 2013 at Kings Dominion featured attractions included Edge of Darkness, a show described to “bring a decaying circus back to life.” Zombie High is listed as “an outbreak that would cover the world in days.” Miner’s Revenge doesn’t have a description on the website anymore.

Ellen Smith, Owner and Managing Editor of Mine Safety and Health News quoted the description in an article before it was taken down stating in part:

“It was reported to be the worst coal mine accident in history. The families of missing miners begged for help but it was decided that a rescue was too dangerous. The miners were left entombed deep underground. Lamps at their sides and pick-axes in their hands they are searching for the men who left them to die…“

After reading this Smith started a petition to have the attraction stopped.

“I questioned whether or not I was overstepping a line in journalism where I was becoming part of the story,” Smith said. “I didn’t want to be but I wanted Kings Dominion to understand just how serious this was.”

"You would not make an attraction from what happened on 9-11. You would not have an attraction of someone being stuck in a 110 story high-rise and not being able to get out because the middle part of the structure was blown apart and that people was jumping out of windows you would never do that. I did not understand why they chose to take this theme when it hits this close to home. And they’re in Virginia they’re next door neighbors," said Smith.

Smith also said, even despite her status as a journalist, she “cannot be silent.”

Smith’s petition collected more than 300 signatures while a petition started by a Beckley resident collect more than 100.

The Halloween Haunt event ended this past weekend concluding the amusement park’s season as well. Still, Smith says she plans to present the signatures to Kings Dominion and hopes to send a message along with the names.

“What might seem so innocent can really really hurt people and bring back memories and traumatic events that they don’t need,” she said. “They’ve already been traumatized.”

Gary Quarles, who has actively spoken out to honor the memory of his son Gary Wayne Quarles, in the past, rounded the courage to share his fury about the attraction.

Twenty-nine helmets hanging on red crosses close to the UBB entrance is just one memorial the community setup after the explosion.

“We’re all trying to heal and go on with our everyday life,” he said. “We would like to be just left alone.”

In an email, Kings Dominion spokesperson Gene Petriello said, “Miners Revenge is not designed, nor intended, to depict a specific situation. Rather it is simply a themed Halloween attraction for the 2013 Haunt season at Kings Dominion.”

But Quarles says the description hits way too close to home.

“The public don’t really need to know,” he said. “They don’t need to know about all that stuff about our loved ones whoever could have been blown plum to pieces or who wasn’t.”

The UMWA joined the families to say “We are very disappointed by this outrageous “attraction” at Kings Dominion. It’s extremely insensitive to all families who’ve lost loved ones in mining tragedies over the years.”

Petriello said, upon completion of each season, all Halloween attractions are reviewed to allow for new themes. As part of its regular rotation, Kings Dominion does not intend to operate the Miner’s Revenge Halloween attraction next year.

It’s unclear if the attraction will remain on the “regular rotation” schedule past 2014.

Coal company blames previous owner for safety reputation

Patriot Coal is responding to recent actions from the federal Mine Safety and Health Administration. Yesterday, Thursday MSHA released a statement stating that the agency had labeled two West Virginia coal mines and one in Kentucky as pattern violators, meaning they’ve repeatedly broken federal health and safety regulations.

The POV screening is the first one conducted since MSHA’s revised Pattern of Violations rule went into effect on March 25, 2013. These revisions improve MSHA’s ability to act when it finds a pattern of violations.

After no mine was placed on POV for the first 33 years after the Mine Act went into effect, these POV notices mark the third year in a row that MSHA has used this critical tool to protect miners from serious hazards.

One of the mines is the Brody Mine No. 1 in Boone County owned by Patriot Coal. MSHA says:

“Brody Mining’s Brody Mine No. 1 received 253 S&S violations during the review period. An MSHA audit of Brody Mining’s records found that injuries of miners resulted in 1,757 lost work days at the mine, 367 of which were from eight lost-time injuries that Brody Mining failed to report to MSHA. The company was also audited during the 2012 POV screening process. In that audit, MSHA found 29 injuries Brody Mining failed to report and 724 unreported lost work days.”

Patriot says the company does not deserve this status because some of the citations were inherited from the previous owner.
Patriot gained control from Brody Mining on December 31, 2012. In a statement, officials at Patriot said several of the violations and the severity measure cited in the POV finding took place under the prior owner.

Patriot says after the purchase, the Company submitted a Compliance Improvement Plan to MSHA and that the Brody mine compliance performance has improved by 40 percent.

Patriot claims to have replaced all former officers and key mine-level managers at this mine. Patriot says MSHA approved a Corrective Action Plan submitted in September.

Company officials say they intend to vigorously contest the POV finding.

The other mine placed on POV status is Pocahontas Coal Co.’s Affinity Mine in Raleigh County, where two men died within two weeks of each other in February. MSHA says:

“Pocahontas Coal Company’s Affinity Mine received 124 S&S violations during the review period, a quarter of which MSHA cited as involving high negligence or reckless disregard for the health and safety of miners. Two miners died in separate accidents during the review period; the fatalities occurred within two weeks of each other and both involved scoops. Affinity Mine received 35 closure orders during the review period, the third highest in the country.”

The third is Tram Energy’s Mine No. 1 in Floyd County, Ky. MSHA says:

“Tram Energy’s Mine No. 1 received 120 S&S violations during the POV review period—more than half of those violations involved elevated levels of operator negligence. MSHA issued 40 closure orders at Tram Energy during the POV review period, the most of any mine in the country. The company has incurred approximately $170,000 in civil penalties since it began operating in 2012. All but $666 is unpaid and delinquent.”

In 2010 29 men were killed in the Upper Big Branch explosion. The then Massey owned mine had been cited for 639 violations in the 15 months prior to the explosion, and yet was never put on POV status. Before MSHA was required to issue a ‘potential pattern of violations” status.
Under the revised rule MSHA no longer has to wait for contested citations to play out in court.

W.Va. delegation weighs in on shutdown's effect on miners' safety

West Virginia’s congressional delegation is weighing in on the shutdown’s
effect on mine safety. Approximately 1,400 of MSHA’s 2,355 employees are
furloughed during the government shutdown. Three miners were killed
on three consecutive days this past weekend, including one from West
Virginia.

In his remarks Thursday from the House floor, Congressman Nick Rahall
urged his colleagues to “abandon this ridiculous political showdown that
is undercutting the safety in our mines, our industrial facilities, our
food chain, and so much more.”

“There is talk that the shutdown is causing no real pain. The most extreme anti-government politicians even express the hope that such a cutback in government programs and services should be made permanent. And too many others are content to hang back and let those with extreme views have their way for the time being. But I stand here today to remind my colleagues, and the public, that cuts in government funding and government programs have consequences –sometimes deadly. It is a lesson we learned in 2006 when annual coal mining deaths soared to 45, a 10-year high, reversing an 80-year trend of steadily falling fatalities – a trend attributed, in part, to years of underfunding the Mine Safety and Health Administration.”

Congresswoman Shelley Moore Capito introduced legislation Thursday to fund the Mine Safety and Health Administration through December 15, 2013. The bill would fund MSHA at the same level that was in effect the day before the shutdown began.

“MSHA performs the critical role of making sure that West Virginia coal miners come home safely each day,” Capito said. “This important legislation would allow MSHA to operate at full capacity, protecting our miners notwithstanding the government shutdown.”

In a news release issued Thursday, Capito says she voted for three Continuing Resolutions prior to September 30 that would have averted a government shutdown.

Senator Jay Rockefeller also released a statement Wednesday on the matter:

"My heart goes out to the family of 62-year-old Roger R. King of Moundsville who was killed late last week at the McElroy Mine in Marshall County. Any time a miner perishes while working underground, we are reminded of the critical importance of keeping our miners safe on the job. While details are still forthcoming about this and other mining fatalities we’ve suffered in recent days, I cannot help but to express my deep frustration about the misguided government shutdown that has furloughed MSHA inspectors and prevented them from conducting the regular inspections that make sure coal companies are operating their mines as safely as possible. During this shutdown, I urge all coal operators to be vigilant about safety procedures in their mines that will prevent mining injuries and deaths. I also urge miners to report any behavior that you believe is putting you and your fellow miners in jeopardy. Even during a shutdown, MSHA has said it will continue to investigate complaints from miners about conditions that may pose serious safety problems.”

Four things you need to know about the UMWA-Peabody/Patriot deal

The United Mine Workers of America has reached a settlement with Peabody Energy and Patriot Coal that will help to cover health care benefits for retired miners.

Background:

Magnum Coal Company purchased certain Arch Coal operations in 2005
Patriot Coal purchased Magnum Coal Company in 2008
Patriot Coal was spun off from Peabody in 2007
Patriot Chapter 11 bankruptcy reorganization on July 9, 2012
In May of this year, a ruling allowed Patriot to quit paying health care benefits for retirees and established a VEBA account with initial Patriot contribution of $15 million

Here are four things you need to know about the new deal:

The agreement provides more than $400 million to provide health coverage for retirees affected by the bankruptcy of Patriot Coal.

The money will go into the Voluntary Employee Benefit Association or VEBA account.

Peabody will make payments totaling $310 million over the next four years, and proceeds will be applied to future retiree health care benefits.

Patriot has agreed to contribute $15 million to the VEBA in 2014, with up to an additional $60 million to be paid into the fund over the following three years.
The union has agreed to give up its 35 percent stock as part of this new deal.

UMWA was given 35 percent equity stake in Patriot in May as part of a ruling. The same ruling established the VEBA account.
UMWA continues to look to Congress to assist in securing additional funds for health care benefits.

Rep. David McKinley introduced a bill in the house that currently has 24 co-sponsors from both parties and a bill introduced by Sen. Jay Rockefeller currently has six co-sponsors.
UMWA is still hoping to come to an agreement with Arch Coal, another company that formed Patriot.

Patriot has reached a final deal with Arch Coal. According to a release, Patriot will receive $5 million in cash and a release of a $16 million letter of credit posted in Arch’s name as part of the deal.

In a release issued just after midnight Thursday morning, UMWA president Cecil E. Roberts said he was pleased.

“This is a significant amount of money that will help maintain health care for thousands of retirees who earned those benefits though years of labor in America’s coal mines,” Roberts said.

“This settlement will also help Patriot emerge from bankruptcy and continue to provide jobs for our members and~thousands of others in West Virginia and Kentucky.”

Patriot President and Chief Executive Officer Bennett K. Hatfield echoed the union’s satisfaction.

“I am pleased that we have been able to reach agreements that provide the UMWA with hundreds of million of dollars in retiree healthcare funding,” Hatifield said.

“The best result for the UMWA and its members is for Patriot to emerge from bankruptcy as a healthy company that will continue to provide jobs and benefits, and we are now on track to achieve that goal.”

This deal still needs approval by federal bankruptcy judge Kathy Surratt-States. The judge is expected to make that decision early next month.

UMWA: 'check on your buddy' during government shutdown

The United Mine Workers is reminding miners to stay safe during the government shut down. Three miners died in just as many days over the weekend.

UMWA president Cecil Roberts is urging all miners to be especially careful at work.

Roberts said, “check on your buddy,” and “watch each other’s back.”

On Friday 62-year-old Roger R. King from Moundsville was killed after an accident at CONSOL Energy’s McElroy mine in Marshall County. He was employed as a longwall maintenance coordinator and had 42 years of mining experience.

A miner from Illinois died Saturday and another from Wyoming on Sunday. The investigations are ongoing.

This is the first time in 10 years that three miners have died three days in a row.

The deaths have occurred since the federal government shutdown began early last week. The standoff in Washington has cut back the number of mine inspectors—those working at the mining academy and field offices where specialists evaluate ventilation and roof control plans.

In the statement Roberts said he’s not trying to draw premature conclusions, but said, “it is extremely troubling that within a week after the federal government shutdown caused the normal system of mine safety inspection and enforcement to come to a halt, three miners are dead.”

MSHA sent out a release on Monday urging operators to follow safety regulations. Joe Main, assistant secretary of labor for mine safety and health said the rash in deaths “is a red flag.”