Tuesday, November 18, 2014

UBB managers “pushed and pushed and pushed”



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.