| Year | 103(k) | 104(a) | 104(b) | 104(d)(1) | 104(d)(2) | 104(g)(1) | 107(a) | 314(b) | Proposed Penalties ($) |
Current Penalties ($) | Amount Paid To Date ($) |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1995 | 0 | 64 | 0 | 0 | 0 | 0 | 1 | 1 | 6,698.00 | 6,698.00 | 6,698.00 |
| 1996 | 0 | 147 | 2 | 2 | 0 | 0 | 1 | 10 | 24,463.00 | 24,463.00 | 24,463.00 |
| 1997 | 1 | 153 | 0 | 1 | 0 | 0 | 0 | 2 | 24,752.00 | 24,045.00 | 24,045.00 |
| 1998 | 1 | 171 | 0 | 1 | 0 | 1 | 0 | 3 | 98,022.00 | 56,222.00 | 56,222.00 |
| 1999 | 0 | 113 | 0 | 0 | 0 | 0 | 0 | 3 | 23,941.00 | 23,941.00 | 23,941.00 |
| 2000 | 0 | 239 | 0 | 1 | 0 | 0 | 0 | 0 | 55,325.00 | 55,325.00 | 55,325.00 |
| 2001 | 2 | 154 | 0 | 0 | 0 | 0 | 0 | 3 | 51,301.00 | 48,761.00 | 48,761.00 |
| 2002 | 0 | 214 | 1 | 4 | 0 | 0 | 0 | 2 | 71,610.00 | 64,726.80 | 64,726.80 |
| 2003 | 1 | 169 | 0 | 2 | 0 | 0 | 1 | 2 | 46,011.00 | 41,934.10 | 41,405.76 |
| 2004 | 2 | 230 | 3 | 0 | 0 | 0 | 0 | 3 | 54,223.00 | 48,371.00 | 48,371.00 |
| 2005 | 1 | 137 | 3 | 0 | 0 | 0 | 0 | 2 | 33,067.00 | 32,577.00 | 32,576.60 |
| 2006 | 2 | 148 | 4 | 12 | 5 | 0 | 2 | 0 | 212,127.00 | 191,249.00 | 84,411.00 |
| 2007 | 0 | 270 | 1 | 0 | 0 | 0 | 1 | 0 | 266,362.00 | 253,984.00 | 61,745.00 |
| 2008 | 2 | 188 | 0 | 2 | 3 | 1 | 0 | 1 | 290,340.00 | 239,566.00 | 49,461.00 |
| 2009 | 1 | 458 | 4 | 2 | 48 | 1 | 1 | 0 | 897,325.00 | 897,325.00 | 168,393.00 |
| 2010 | 1 | 151 | 2 | 0 | 6 | 0 | 0 | 0 | 327,641.00 | 327,641.00 | 12,031.00 |
| Note: Vacated Citations are not included in any reports on the DRS. | |||||||||||
| Year | Fatal Operator Injuries |
NFDL Operator Injuries |
Fatal Contractor Injuries |
NFDL Contractor Injuries |
Operator Hours Worked* |
Coal Produced (tons) |
Operator Fatal Incidence Rate** |
Operator NFDL Incidence Rate** |
Mine Type National Fatal Incidence Rate** |
Mine Type National NFDL Incidence Rate** |
|---|---|---|---|---|---|---|---|---|---|---|
| 1995 | 0 | 7 | 0 | 2 | 209,101 | 1,025,694 | 0.00 | 6.70 | 0.0464 | 10.01 |
| 1996 | 0 | 11 | 0 | 8 | 452,647 | 3,080,567 | 0.00 | 4.86 | 0.0607 | 8.54 |
| 1997 | 0 | 11 | 0 | 6 | 438,231 | 4,643,845 | 0.00 | 5.02 | 0.0434 | 8.34 |
| 1998 | 0 | 8 | 1 | 15 | 480,994 | 5,698,804 | 0.00 | 3.33 | 0.0449 | 8.88 |
| 1999 | 0 | 5 | 0 | 2 | 456,847 | 5,078,259 | 0.00 | 2.19 | 0.0369 | 8.19 |
| 2000 | 0 | 12 | 0 | 11 | 474,005 | 4,049,498 | 0.00 | 5.06 | 0.0454 | 8.29 |
| 2001 | 1 | 10 | 0 | 5 | 556,907 | 2,947,002 | 0.36 | 3.59 | 0.0756 | 7.13 |
| 2002 | 0 | 21 | 0 | 0 | 511,816 | 3,354,926 | 0.00 | 8.21 | 0.0366 | 7.13 |
| 2003 | 1 | 18 | 0 | 0 | 422,971 | 3,271,207 | 0.47 | 8.51 | 0.0340 | 6.27 |
| 2004 | 0 | 16 | 0 | 0 | 465,619 | 2,780,843 | 0.00 | 6.87 | 0.0368 | 5.60 |
| 2005 | 0 | 16 | 0 | 0 | 504,444 | 2,242,514 | 0.00 | 6.34 | 0.0336 | 5.11 |
| 2006 | 0 | 11 | 0 | 0 | 432,178 | 658,942 | 0.00 | 5.09 | 0.0721 | 4.79 |
| 2007 | 0 | 5 | 0 | 1 | 414,667 | 576,672 | 0.00 | 2.41 | 0.0423 | 4.75 |
| 2008 | 0 | 12 | 0 | 1 | 395,168 | 363,923 | 0.00 | 6.07 | 0.0213 | 4.26 |
| 2009 | 0 | 14 | 0 | 1 | 482,132 | 1,235,462 | 0.00 | 5.81 | 0.0117 | 4.04 |
| 2010 | 28 | 2 | 1 | 0 | 124,478 | 432,135 | - | - | - | - |
|
* Hours worked and accidents & injuries now include office hours or accidents (subunit 99). ** Current rates are based on data available as of 2009 Quarter 4. For a further explanation, please see this. | ||||||||||
Massey issued 369 citations and orders with $10.8 million in civil penalties
December 6, 2011
The Mine Safety and Health Administration announced the results of its investigations into the 2010 explosion at Alpha Resources’ Upper Big Branch Coal Mine that killed 29 miners. The agency’s report cited a corporate culture that valued profits over safety as the primary cause of the accident. Along with the report, MSHA assessed nearly $11M in fines and 369 citations and orders; An unprecedented 21 of the orders were considered “flagrant”, the most serious category of violation.
See the following reports:
The Upper Big Branch mine disaster occurred on April 5, 2010 at Massey Energy’s Upper Big Branch Mine at Montcoal in Raleigh County, West Virginia. Twenty-nine miners were killed[1] following an explosion 980 feet underground. Two miners were hospitalised. The accident was the worst in the United States since 27 miners were killed at Orangeville in Utah, in 1984.[2]
The explosion occurred at 3:27 PM local time on Monday, April 5, 2010, at the Upper Big Branch Mine South near the community Montcoal, about 30 miles (48 km) south of Charleston. The mine was operated by the Performance Coal, a subsidiary of Massey Energy. High methane levels were detected, and subsequently an explosion from an unknown source occurred. Mine-safety experts said explosions are typically caused by high levels of methane produced during longwall mining, which mining companies try to dilute with ventilation systems, although Massey has been repeatedly cited for violating this requirement.[3] Twenty-five men were initially identified as killed. Four missing men were later found dead four days later for a total of 29 deaths. Officials have speculated that it may have been caused by a spark from a mantrip.[4]
Read more at http://sourcewatch.org/index.php?title=Upper_Big_Branch_Mine_Disaster.
A single source page of information and resources hosted by MSHA regarding the Upper Big Branch Mine explosion which occurred on April 5, 2010. MSHA will be adding material to this page as it becomes available. New additions will be noted and an indication that the page was updated will be posted on MSHA’s home page as well.
Read more at: http://www.msha.gov/PerformanceCoal/PerformanceCoal.asp
The Upper Big Branch Mine disaster occurred on April 5, 2010 about 1,000 feet (300 m) underground at Massey Energy’s Upper Big Branch coal mine at Montcoal in Raleigh County, West Virginia. Twenty-nine out of thirty-one miners at the site were killed.[1] The explosion occurred at 3:27 pm.[2] The accident was the worst in the United States since 1970, when 38 miners were killed at Finley Coal Company’s No. 15 and 16 mines in Hyden, Kentucky.[3][4][5]
This entry is excerpted from Wikipedia. Read the full entry at http://en.wikipedia.org/wiki/Upper_Big_Branch_Mine_disaster.
April 4, 2012
Alpha Natural Resources, the nation’s second largest coal producer by revenue announced it will be permanently closing the Upper Big Branch Mine (UBB) near Whitesville, W. Va., where 29 miners died in a mine explosion in April of 2010. Alpha purchased Massey Energy, the owner of UBB at the time of the accident, in June of 2011 while the mine was idled.
All points of entries including portals, boreholes, and mine fan shafts will be sealed with concrete to prevent future access while the disturbed surface area will be reclaimed. The work is expected to commence this summer.
Alpha is working on the plan to seal UBB with the Mine Safety and Health Administration and the West Virginia Office of Miners’ Health Safety and Training.
http://www.statejournal.com/story/17337738/alpha-upper-b
March 21, 2012
The Federal Mine Safety and Health Administration cited more coal mines owned by Alpha Natural Resources then all other publicly traded coal companies, according to a report from the corporate business intelligence group SNL financial.
The company received nearly $33 million in proposed fines from the federal agency, which put them at the top of the list for fines assessed in 2011. CONSOL Coal came in second with $6.8 million in assessed fines.
According to the SNL report, in fairness Alpha operates the most coal mines in the U.S of any public coal producer, most of which are underground where mining is more complex and requires more workers.
Alpha stated that their purchase of Massey Energy “inflated” the assessment because of the $12.4 million in citations from the 2010 explosion that killed 29 miners at the Upper Big Branch Mine.
Excluding those fines, according to the report, Alpha was assessed $20.3 million still placing them far above the rest at the top.
Read article at http://wvgazette.com/News/montcoal/201203210150
March 6, 2012
On Tuesday, March 6, the U.S. Mine Safety and Heath Administration released its internal review of the agency’s actions before and after an explosion that killed 29 miners on April 5, 2010 at the Upper Big Branch Mine in West Virginia.
The review identified numerous shortcomings of the agency’s District 4 inspection and plan approval processes including lack of experience and oversight of federal mine inspectors and their ability effectively outline and enforce the law. The review even points to budgetary constraints in 2006 that led to a lack of resources and experience
in personnel.
According to the review, after April 2010, MSHA put forth nine corrective actions to address the identified shortcomings;
Read report at http://www.msha.gov/MEDIA/PRESS/2012/NR120306.asp and article at http://wvgazette.com/News/201203060076
February 29, 2012
The Southern District of West Virginia Judge Irene Berger sentenced former Massey Energy security director, Hughie Elbert Stover, 60 to three years in prison on Feb.29 for lying to investigators and trying to destroy evidence in an on-going investigation of one the worst coal mining disasters in U.S. History.
Stover also received two years’ probation and was fined $20,000.
Seeking a 25-year sentence, prosecutors alleged Stover’s now two convicted felonies played a central role in the 2010 explosion that killed 29 miners at the Upper Big Branch mine. However, Judge Berger stated there was little evidence to support linking Stover’s crimes to the miner’s deaths.
The charges against Stover came after federal Mine Safety and Health Administration investigators disclosed his role in a Massey practice of warning workers of impending safety inspections, which played a major role in the mine disaster, according to investigators.
Read article at http://wvgazette.com/News/201202290125
February 22, 2012
A superintendent for W. VA.’s Upper Big Branch mine was charged Wednesday, Feb. 22, with conspiring among others to violate mine safely laws and block federal regulators from enforcing safety requirements. The Upper Big Branch Mine is under investigation by federal prosecutors probing into the 2010 explosion that killed 29 miners.
Ex-superintendent Gary May, 43, could receive up to five years in prison if found guilty of conspiracy to defraud the government’s mine safety and heath enforcement efforts.
Specifically, May is charged with disabling methane gas detectors, falsifying safety records, and warning employees to conceal violations before future government inspections during the two years prior to the April 5, 2010 explosion.
Prosecutors believe mine safety and health laws were routinely violated by May and others because of the belief that following those laws would decrease production. May oversaw production of the southern portions of the Upper Big Branch mine after having started in 2008 as a mine foreman.
So far, May is the third person to be charged in the ongoing federal criminal investigation of the mine.
Read article at http://www.wvgazette.com/News/201202220038
December 6, 2011
Federal officials have announced a settlement with Alpha Resources over the company’s liability for the April 2010 explosion in the Upper Big Branch Coal Mine that killed 29 miners. Alpha will have to pay $200M in total covering safety improvements, payments to the families of victims, and other related items; in exchange Alpha will not have to plead guilty to any of the corporate charges and the federal government has agreed to never bring such charges against Alpha.
However, there is no such indemnity agreement covering individuals within the now-defunct Massey Energy organization which owned the mine at the time of the disaster. U.S. Attorney Booth Goodwin said resolution of issues with Alpha allows prosecutors to focus their resources on potential cases against such individuals. This is a dramatically different outcome than the result of the investigation following the fire at Massey’s Aracoma Mine which killed two miners in 2006; in that case, the settlement barred the government from pressing charges against the company or any of its employees.
Read article at http://www.wvgazette.com/News/201112060055
December 3, 2011
As federal investigator begin to wrap up their investigation into the causes of Massey Energy’s Upper Big Branch Mine disaster, one remaining question is how much Massey Energy board members knew about safety issues before the explosion. An explosion in the Upper Big Branch Mine killed 29 miners on April 5, 2010. Investigations since by multiple agencies as well as Massey have been working ever since to identify what caused the explosion and what could/should have been done before it to prevent it.
In the year before the explosion Massey administrators were warned by experts at least three times that the mine was not properly cleaning up the explosive coal dust that detonated in the explosion. But safety reports from the administrators to the board seemed to downplay those warnings, calling the results of the audits “positive and compliance was generally good”. Other summaries to the board omitted some of the information about rock-dusting compliance and included statements saying managers “have systems or plans in place to effect changes and improvements in compliance levels.”
Read article at http://wvgazette.com/News/montcoal/201112030091
October 26, 2011
Hughie Elbert Stover, former director of security at Massey’s Upper Big Branch Mine has been convicted of destroying evidence and lying to federal officials as they investigated the explosion in April 2010 that killed 29 mine workers. Stover now faces sentencing of up to 25 years in prison for the two felony convictions.
The conviction is a result of families coming forth after the accident to describe Massey’s practice of using security guards to warn underground miners as federal inspection officials arrived for surprise inspections, which is currently only a misdemeanor offense with a maximum prison term of 6 months. But because he order his subordinates to destroy the documentation that this happened, officials increased the charge of destroying evidence, which is a felony.
Read article at http://wvgazette.com/News/201110260060
September 22, 2011
Thomas Harrah of Seth, WV has been sentenced to 10 months in prison for faking the foreman’s licence that he used at Massey’s Upper Big Branch mine and the lying to investigators about it. Harrah had previously pled guilty to faking a foreman’s license and using it from January 2008 to August 2009 at the Upper Big Branch mine, but said that he had lied when he told to investigators that Massey officials had helped him get the fake license.
While Harrah performed key safety inspections at UBB during the time he pretended to be a foreman, he was transferred to another mine eight months before the April 5, 2010 explosion; federal officials have not claimed that he was responsible for that explosion. The only other person to face criminal charges in the wake of the disaster is security director Hughie Elbert Stover, who is accused of trying to divert government agents investigating the disaster. He is scheduled for trial in October.
Read article at http://wvgazette.com/News/201109221802
April 9, 2011
NPR’s Howard Berkes has written a series of articles summarizing what’s known about the explosion at the Upper Big Branch Mine one year after the tragedy.
Read articles:
Massey issued 369 citations and orders with $10.8 million in civil penalties
December 6, 2011
The Mine Safety and Health Administration announced the results of its investigations into the 2010 explosion at Alpha Resources’ Upper Big Branch Coal Mine that killed 29 miners. The agency’s report cited a corporate culture that valued profits over safety as the primary cause of the accident. Along with the report, MSHA assessed nearly $11M in fines and 369 citations and orders; An unprecedented 21 of the orders were considered “flagrant”, the most serious category of violation.
See the following reports:
List of the second group of mines notified that they are on the Potential Pattern of Violations list. Published November 11, 2010.
A preliminary report by the Mine Safety and Health Administration (MSHA) summarizing the facts believed to be accurate as of its publication, with the caveat that the Mine Safety and Health Administration (MSHA) has just begun its investigation as to what went wrong at the Upper Big Branch Mine.
A gallery of photos from the Huntington, West Virginia Herald Dispatch