U.S. Mine Safety and Health Administration Story Archives

Gov. Justice Repeatedly Late Paying Mine Safety Penalties

West Virginia Gov. Jim Justice has consistently missed deadlines in recent months to pay the U.S. government the millions of dollars he owes in penalties for unsafe working conditions at his coal mines, according to federal court documents.

The Republican governor — who owns dozens of companies and has been called the most wealthy man in all of West Virginia — was ordered to pay $5.1 million by a federal judge in April 2020.

That was after the U.S. Attorney’s Office and the U.S. Mine Safety and Health Administration brought a lawsuit against 23 of his companies, saying he failed to pay fees associated with hundreds of mine safety penalties between 2014 and 2019.

Since at least December, Justice has been late on payments, according to documents filed in the U.S. District Court in the Western District of Virginia. Payments have been made only after reminders and notices filed in court by the U.S. government.

U.S. Attorney Christopher Kavanaugh said Justice’s companies “have provided no reason for their noncompliance and have not complied despite the United States’ numerous inquiries,” according to a March 31 motion filed to compel Justice to make his required payment.

Congress relies on the enforcement of financial penalties to incentivize coal operators to comply with mandatory health and safety standards outlined in the Federal Mine Safety and Health Act, Kavanaugh said.

“If Defendants are allowed to ignore their obligations, it undermines the authority of this Court and removes the incentive of these defendants — and other mining companies — from complying with MSHA’s health and safety standards designed to protect the nation’s miners,” he said.

The April 2020 order states that Justice make an initial payment of around $212,909 by April 15, 2020, followed by monthly payments of a little more than $102,400 until his debt is paid off.

Payments are due on the first of the month. In court documents filed March 31, U.S. attorneys said Justice’s December payment, due Dec. 1, 2021, arrived Jan. 19, after the United States filed a “notice of non-compliance.” The January payment did not arrive until Jan. 28.

The February payment was made March 14, after several reminders. The U.S. filed another motion to compel Justice to pay March’s payment. Justice’s lawyer, Aaron Balla Houchens, said in court documents filed Monday that it had been paid.

Justice did not respond to a request from The Associated Press for comment.

Mines Owned by Gov. Justice Missed Safety Technology Cutoff

Two mines owned by West Virginia Gov. Jim Justice were among three across the state that missed the deadline for installing life-saving technology to prevent miners from being crushed by machinery in underground coal mines.

Violation reports say two mines in McDowell County, Pay Car 57 and Pay Car 58, missed the deadline to install proximity detection systems. The Charleston Gazette-Mail reported Tuesday the state’s deadline matches the March 16 U.S. Mine Safety and Health Administration deadline.

State Department of Commerce spokeswoman Samantha Smith says the third mine was installing detection systems as of April 10.

Smith says Pay Car 58 installed the systems and was producing coal again. Pay Car 57 wasn’t producing coal and hadn’t been refitted with the new technology.

A spokesman for Justice didn’t respond to the newspaper’s request for comment.

Trump Reconsiders Rules Protecting Miners from Black Lung

President Donald Trump’s mining regulators are reconsidering rules meant to protect underground miners from breathing coal and rock dust — the cause of black lung — and diesel exhaust, which can cause cancer.

The Mine Safety and Health Administration has asked for public comments on whether standards “could be improved or made more effective or less burdensome by accommodating advances in technology, innovative techniques, or less costly methods.”

Some “requirements that could be streamlined or replaced in frequency” involve coal and rock dust .

Others address diesel exhaust , which can have health impacts ranging from headaches and nausea to respiratory disease and cancer.

“Because of the carcinogenic health risk to miners from exposure to diesel exhaust, MSHA is requesting information on approaches that would improve control of diesel particulate matter and diesel exhaust,” the agency said.

The Trump administration has said many federal regulations, including pollution restrictions, have depressed the coal industry and other sectors of the economy.

“President Trump made clear the progress his Administration is making in bringing common sense to regulations that hold back job creation and prosperity,” Labor Secretary Alexander Acosta said Thursday in releasing his agency’s regulatory and deregulatory agenda. “The Department of Labor will continue to protect American workers’ interests while limiting the burdens of over-regulation.”

The notices on coal dust and underground diesel exhaust had few details. Both were described as “pre-rule stage.”

David Zatezalo, a retired West Virginia coal mining executive chosen by Trump to head MSHA, said at his November confirmation hearing that the U.S. industry is safer and healthier than ever before. He said progress is needed, including technology for real-time monitoring of silica dust blamed for a virulent variation of the black lung disease that has afflicted even some younger coal miners.

The United Mine Workers of America and National Mining Association didn’t immediately reply to a request for comment.

Federal Mine Safety Agency Warns About Miners Working Alone

Federal mine safety officials are warning mine operators about several on-the-job deaths this year of miners who were working alone.

The U.S. Mine Safety and Health Administration says five miners have died while working alone since the year began. Two of those deaths occurred in coal mines, and the others were at non-metal mines.

The federal agency says it is focusing on communicating best practices with operators and miners during routine inspections. MSHA says mines should have procedures in place to account for the whereabouts of every miner.

Two workers, one in an Iowa limestone mine and another in a Kentucky coal mine, died in work accidents within 24 hours of each other in January, MSHA says. Both men were working in an area of the mine by themselves.

Lower Coal Dust Limit Takes Effect Monday in Black Lung Push

Coal mines nationwide are facing a more stringent limit on dust samples in an effort to reduce miners’ exposure to particles that can cause deadly black lung disease.

On Monday, the U.S. Mine Safety and Health Administration is dropping the allowable respirable dust level from 2 milligrams per cubic meter to 1.5 milligrams per cubic meter of air.

The agency says almost 99 percent of recent coal dust samples are already meeting the new standard.

The coal industry had challenged the new limits, arguing that the monitors had a high failure rate. Federal mine safety officials said the results show the new rules are effective.

The National Institute for Occupational Safety and Health estimates black lung caused or contributed to deaths of more than 76,000 miners.

Murray Energy Fined, Ordered to Re-Inform Miners of Their Rights

A judge has ordered Murray Energy’s CEO to inform coal miners about their rights to file complaints with federal mine safety regulators. The judge also ordered a 150-thousand-dollar fine before the Federal Mine Safety and Health Review Commission.

Judge Margaret Miller’s order talks about how CEO Robert Murray gave speeches to West Virginia miners last year saying complaints lodged with the U.S. Mine Safety and Health Administration must be sent to management.

The speeches were followed by complaints by union miners in the United Mine Workers of America that ultimately led to citations at Murray mines.

Judge Miller wrote last week that requiring miners to complain to management would remove anonymity from complaints and dissuade a miner from making complaints.

Murray Energy spokesman Gary Broadbent said the decision is wrong, and that the company plans to appeal immediately.