Sen. Byrd Rebukes Massey Energy Over Coal Mine Disaster, Questions Safety Practices

Sen. Robert Byrd of West Virginia, a longtime supporter of Appalachia's coal miners, called for a thorough reexamination of the United States' mine safety laws today. He also issued a sharp rebuke of Massey Energy and its CEO, Don Blankenship, for their handling of safety in the Upper Big Branch mine.

Twenty-five miners died there after an explosion this week, and four others were still missing this morning.

In particular, Byrd cited the long list of safety violations at the West Virginia mine. Records from the federal Mine Safety and Health Administration (MSHA) show dozens of warnings and fines issued at Upper Big Branch mine every month, some citing the same safety issues week after week.

"It is infuriating that in this day and age, and in this country, that such a disaster could still happen. I am sick. I am saddened and I am angry. We have the laws. We have the resources. These tragedies, on this scale, should no longer be happening," Byrd writes.

"The more I learn about the extent of these violations by Massey at the Upper Big Branch Mine alone," he writes, "the angrier I get."

In his statement, Byrd calls for federal investigations to determine how the laws can be strengthened to protect the nation's coal miners. In particular, he urges Congress and federal regulators to scrutinize Massey Energy's practices and procedures.

Following is Sen. Robert Byrd's statement in full:

While the situation on the ground this morning is not as encouraging as we had hoped, my prayers continue for those who have lost their loved ones, and for the safe return of the four missing miners and those mine rescue team members who are also risking their lives to save their fellow West Virginians.

It is infuriating that in this day and age, and in this country, that such a disaster could still happen. I am sick. I am saddened and I am angry. We have the laws. We have the resources. These tragedies, on this scale, should no longer be happening.

Once we learn the cause of this disaster and investigations are completed whether it is wrongdoing by Massey, lack of enforcement by MSHA, or inadequacies with the mine health and safety laws, including the MINER Act of 2006, action will need to be taken.

Legislative Changes

It is premature to say what changes in laws or regulations may be needed until the investigation is underway. But I have called for a reexamination of the health and safety laws that have been put into place and what more may need to be done to avoid future loss of life.

I have received a commitment from Senator Tom Harkin, who is a true friend of the coal miner, and who chairs both the Senate Committee on Health, Education, Labor, and Pensions (HELP), and the Senate Appropriations Subcommittee on Labor, Health and Human Services and Education (LHHS), that a Senate hearing will occur on this overwhelming mining disaster. This will be in addition to the hearings in the House of Representatives that were requested by my West Virginia colleague, Congressman Nick J. Rahall. The House hearings will occur in the House Education and Labor Committee.

Massey Response

This has been one of Massey CEO Don Blankenship’s comments following this tragic mining disaster: "Violations are unfortunately a normal part of the mining process. There are violations at every coal mine in America, and (the Upper Big Branch Mine) was a mine that had violations."

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