Vol. 72/No. 31      August 4, 2008

MSHA released its investigative report the same day that the report by the Labor Department came out. The safety agency is highly critical of the mine’s operator, Genwall Resources Inc., while covering up its own role in allowing the company to put workers lives at great risk.

The collapse, which occurred last August, killed six miners. Three others died and six were injured in the rescue operation that followed.

“The August 6 collapse was not a ‘natural’ earthquake,” but the result of a “flawed” mine plan that was “destined to fail,” said the MSHA report. The company used a dangerous mining method in which coal is extracted from pillars that hold up the roof. Although MSHA approved this method, the agency said the company took too much coal from the pillars and mined coal from the floor, increasing the pressure on remaining pillars.

The safety agency report faults the company for failing to accurately and in a timely manner report three incidents in which coal burst from pillars under increasing pressure—evidence of growing instability caused by the mining. Two bursts occurred five months before the collapse, one severe enough to cause the company to abandon a section of the mine. A third happened three days before the collapse. MSHA says the company is also at fault for not revising its plans or mining methods following the coal bursts.

As a result of its findings the safety agency fined Genwall, a subsidiary of Murray Energy Corp., $1.6 million for safety violations resulting in the death of the six miners. This is the highest fine levied by MSHA in its history.

MSHA also fined the company’s mining engineer consultant, Agapito Associates Inc., $220,000 for its inaccurate “analysis” of the mine that was used by Genwall to justify part of its plan.

Widespread outrage at Genwall’s blatant disregard for workers’ safety prompted Congress to press for an “independent review” by the Labor Department.

According to the Labor Department, MSHA should never have approved the company’s mine plan. The report faults the safety agency for: not conducting an adequate evaluation of the company’s plans, ignoring inconsistencies in the plan, failing to adequately inspect the mine prior to and during operations, ignoring concerns that were noted by safety inspectors, and for allowing the company to continue its operations with no modifications following the massive coal burst in March.

In addition, the Labor Department cited 18 deficiencies in MSHA’s rescue operations that increased the risks to those involved and could have contributed to the fatalities.
 
 
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