Judge finds no pattern of violations at Massey mine in Virginia

Judge: no pattern of violations at Massey mine

CHARLESTON, W.Va. — An administrative law judge ruled Tuesday that there was no pattern of violations that would lead to stricter regulation at a Massey Energy Co. mine in Virginia.

A Federal Mine Safety and Health Review Commission judge ruled that 10 of 29 violations found at Massey’s Tiller No. 1 mine weren’t serious, dropping the total below the threshold of 25 to establish a pattern.

Federal Mine Safety and Health Administration director Joe Main said the decision shows flaws in the system for targeting mines with numerous health and safety violations. MSHA wanted to classify Tiller No. 1 as its first persistent violator.

Massey said the decision shows why there’s an appellate process.

The Virginia-based company is under investigation after an explosion killed 29 men at its Upper Big Branch mine in West Virginia on April 5.