The U.S. Department of Labor on Wednesday took the
unprecedented step of going to federal court to close down a
Kentucky coal mine owned by Massey Energy Co., and promised
similar action involving other mines deemed dangerous to
miners.
Solicitor of Labor Patricia Smith told reporters that
sections of the Freedom Energy Mine No. 1 in Pike County,
Ky., have been shut down for safety violations 55 times this
year. Wednesday's request for an injunction in U.S. District
Court would close the entire mine until all violations were
corrected and a safety plan was drafted.
"Given what we've seen in the last two months, we feel
that it's not just a maintenance issue," Ms. Smith said.
"This mine is one accident away from a possible tragedy."
Freedom Energy No. 1 is an old, medium-sized mine with
extensive underground workings. It employs 135 miners, 35 to
50 of whom may be underground at any one time.
The Labor Department's Mine Safety and Health
Administration has reported long-term problems in the mine's
structure, ventilation and maintenance.
MSHA has been focusing on dangerous mines since April 5,
when an explosion in Massey's Upper Big Branch mine in West
Virginia killed 29 miners, the deadliest blast in a U.S.
coal mine in 40 years.
Massey, which is headquartered in Richmond, Va., and
operates mines in Kentucky, Virginia and West Virginia, has
21 days to respond to the lawsuit.
A Massey spokesman Wednesday said company Chairman and
CEO Don Blankenship visited the mine last week and does not
consider it unsafe. But because of its age and size, the
company is considering idling it until it can meet MSHA
standards.
The corrections could be made in a matter of weeks, Ms.
Smith said, if the company cooperates.
Ms. Smith said MSHA turned to the court system because it
cannot order the entire mine closed and it cannot direct the
mine to continue to pay its employees for more than one
week.
"The court has the discretion to order remedies a
government agency cannot demand," she said.
Another Massey mine also was being considered for court
action, Ms. Smith said, but the mine operator already has
closed it.
"MSHA is going to continue doing what it can under the
law," Ms. Smith said. "And this is an example of it looking
at all the tools that are available to it. We will continue
to do this until it is determined that miners are safe."
While the hazards and safety violations were cited in the
MSHA filing, Ms. Smith said the agency also was aware of the
mine's injury rate.
"My understanding is that Massey underreports injury
rates to its shareholders by 37 percent," she said. "[The
injury rate] has been average, but it has been going up."
Still, she said, MSHA is not targeting Massey and a
number of other mining operations across the country are
being closely watched for similar court action.
"You can expect more of these on other mines," she said.
Dan Majors:
dmajors@post-gazette.com or 412-263-1456.