The owner and managing editor of
Mine Safety and Health News said the allegations in the recent indictment of
Don Blankenship, the former CEO of Massey Energy, echo what she said she’d
heard about the company for years.
“If these memos that are quoted in
the indictment are true, and they have many direct quotes from the memos, you
can see how these managers were just pushed and pushed and pushed for
production,” Ellen Smith said.
She was citing specifics of the
indictment that alleged Blankenship was closely involved in the daily
operations at the Upper Big Branch Mine prior to the April 5, 2010 explosion
that killed 29 coal miners.
Last Thursday, a federal grand jury
returned the indictment against Blankenship on charges of conspiracy to violate
mandatory federal mine safety and health standards, conspiracy to impede
federal mine safety officials, making false statements to the U.S. Securities
and Exchange Commission and securities fraud.
An indictment is an allegation
only. At this point, Blankenship has not been convicted of any crimes.
He’s scheduled to make an initial court appearance in U.S. Magistrate Court in Beckley on Nov. 20.
Blankenship, the indictment
alleged, “insisted on personally receiving a report every thirty minutes
detailing the longwall section’s coal production (at UBB) and the reasons for
any production delays.” All the while, prosecutors said, he knew “the UBB
mining group was committing hundreds of safety violations each year.”
The indictment also indicated the
government has a key witness against Blankenship who is not named, but
identified as the “Known UBB Executive.” This individual is cited numerous
times in the complaint as being on the receiving end of Blankenship’s
directives to produce more coal.
“We’re all supposed to put the coal
miner first — his safety, his well-being, his health — first,” said Cecil
Roberts, president of the United Mine Workers of America, on Monday’s MetroNews
“Talkline.” “That did not take place.”
The UBB Mine was not a union mine,
but the UMWA conducted its own investigation into the disaster and released a
report about it titled “Industrial Homicide.”
“I don’t think that I’ve ever
encountered a CEO who has placed production and profitability before everything
else in the manner that Don Blankenship has done for many, many years,” Roberts
said.
On Friday, U.S. District Judge Irene Berger issued a gag order
for the case applying to all parties in the case, their counsel, other
representatives or members of their staff, potential witnesses, investigators,
family members of actual or alleged victims and court personnel.