MSHA: Federal investigators evaluating whether Massey illegally warned of inspector visits

MSHA probes whether Massey warned of inspections

BECKLEY, W.Va. — The head of the federal Mine Safety and Health Administration says investigators are looking into allegations that Massey Energy illegally warns workers when safety inspectors arrive.

Relatives and colleagues of 29 miners killed in a West Virginia mine in the nation’s worst coal mining disaster in 40 years made the allegations Monday before the U.S. House Education and Labor Committee in Beckley.

Such warnings would violate of federal mining regulations, and MSHA chief Joe Main says it’s being evaluated as a potential crime by another federal agency. The Justice Department has confirmed that it’s investigating possible crimes connected to the Upper Big Branch explosion.

On Monday, Massey reiterated earlier statements that it doesn’t put profits ahead of safety.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

BECKLEY, W.Va. (AP) — Massey Energy’s Upper Big Branch coal mine was a ticking time bomb before 29 men died in a massive explosion, relatives and co-workers of the victims told a congressional committee Monday.

They described illegal ventilation changes, methane gas fireballs, thick accumulations of combustible coal dust and lack of concern from Massey subsidiary Performance Coal management during testimony to the U.S. House Education and Labor Committee in Beckley. The committee is investigating the April 5 explosion, the worst U.S. coal mining disaster in 40 years.

Witnesses also accused Massey of interfering with government safety inspectors at all its mines.

Miner Stanley “Goose” Stewart, who was about 300 feet inside Upper Big Branch when the explosion occurred, said he’s been under a doctor’s care and unable to work since.

“We never had proper air on that longwall,” Stewart said. The result was accumulations of methane gas — and large quantities of dust. “You couldn’t see your hand in front of your face.”

Adam Morgan routinely asked about ventilation problems and, despite being a trainee, fixed some on his own, said his father, Steve Morgan, himself a veteran underground coal miner.

“He said just about every shift he worked he had to do some kind of ventilation repairs and some, like I said, he had to do on his own,” Steve Morgan said. When Adam Morgan complained, a Massey supervisor told him to consider a different line of work if he was “scared.”

Massey and Chief Executive Don Blankenship have defended the company’s safety record amid growing criticism from regulators, labor unions and Congress. Blankenship last week dismissed accusations that he puts profits ahead of safety.

Leo Long said his grandson Ronald Lee Maynor worked in dangerous conditions out of fear of losing his job.

“If they found a violation, the boss would tell ‘em get back to work. If they don’t go back to work, they’d be fired,” Long said.

Clay Mullins dismissed Blankenship’s assertion that Massey puts safety first as he related a final conversation with his brother Rex Mullins the day before he died.

“I talked to him Easter Sunday before this happened and the only thing that he said to me was all that was thought about there was running coal,” Mullins said. Performance Coal executives only wanted “to run, run, run, no matter what the conditions were.”

Several witnesses testified that indifference included willful violations of the law by Massey.

“When an MSHA inspector comes onto a Massey mine property, the code words go out ‘we’ve got a man on the property,’” said Gary Quarles, whose son Gary Wayne Quarles died in the explosion. “Those words are radioed from the guard gates and relayed to all working operations in the mine.”