Date: 2011-11-02
Speaker: GEORGE MILLER (democrat)
Chamber: H
State: California

Mr. Speaker. Members of the House. last week the United Mine Workers of America released the results of their investigation into the deadliest coal mine tragedy in four decades. The report describes the conditions on April 5. 2010 in Massey Energys Upper Big Branch mine that led to a colossal explosion killing 29 miners. It confirms the findings of two other independent investigations. In short. Masseys failure to eliminate explosive coal dust throughout the mine converted an otherwise manageable methane fire into a catastrophic explosion. The force of this explosion traveled more than 7 miles underground. destroying everything in its path. Miles of coal belts were decimated. railroad tracks were twisted like pretzels. and massive mining equipment was tossed underground like lawn furniture during a hurricane. The report noted that in the 15 months before the explosion. the mine was cited 645 times for violations of mine safety laws. They faced $1.2 million in potential fines. However. rather than improving safety. Massey challenged threequarters of the fines. And in the month before the explosion. miners had asked that the accumulation of explosive coal dust be addressed 560 times. However. management only responded 65 times. The Upper Big Branch mine was literally a powder keg. The mine workers investigation concluded that 29 miners died because of a corrupt corporate culture that put production ahead of human life. Massey Energys top management was well aware of the conditions at Upper Big Branch mine. They knew of the mountains of citations for dangerous conditions. but all they had to do was file an appeal to get Federal safety officials to back off. Massey also obstructed mine safety inspections by illegally alerting operations of an inspector on the property so they could cover up any noticeable problems. And management knew that workers were complaining about the conditions below ground. But all Massey had to do was remind these miners that they were free to find other employment if they continued to speak up. Corporate officers didnt mince words when it came to production over safety. In a "RUN COAL" memo from CEO Don Blankenship in 2005. he told his workers their only concern was to produce coal. The message was clear from the very top: produce coal. disregard safety problems or find another job. Miners of Upper Big Branch and other Massey mines have told Congress and investigators similar stories. To enforce their perverse philosophy. top management demanded reports every 30 minutes on how much their mines were producing. It is clear that Massey Energy management actively disregarded their workers health and safety. Unfortunately. the knowing violation of a mandatory health and safety standard is only a misdemeanor. no matter how many miners are killed. This kind of conduct needs to be made a felony. but efforts to increase sanctions have been stifled by the mining industrys lobby. Instead of being held accountable for the decisions that caused 29 deaths. Massey Energy executives got a massive $195 million payout when they sold off their company. according to the United Mine Workers report. Even though Don Blankenship was forced to resign following the Upper Big Branch tragedy. he pocketed $86 million in the golden parachute when 29 of the miners under his jurisdiction and responsibility were killed. If you wonder why people are talking about the 1 percent and the 99 percent. the 99 percent in the mine had their lives put in danger every day they went to work for Massey. And every day they questioned it. they were threatened with job loss. But the 1 percentthe 1 percentwalked away with $195 million for overseeing one of the most dangerous mining operations in the history of this country. What about the families of the breadwinners of the 99 percent? They lost their breadwinner. they lost their husband. they lost their father. and they lost their brother. Now we understand the disparity that motivates people to occupy Wall Street. We know why people are occupying hometowns all over the country. We understand this. But we also know that these miners had to simply go to work. This was the job that was available to them. but they were ridden roughshod over by Massey. These families are now simply left to pick up the pieces of their shattered lives and may receive some scraps later on in some final determination. Its a familiar story in an era where Wall Street companies and their executives took big payouts after wrecking our economy. But Massey Energy executives decisions resulted in the destruction of 29 lives and 29 families. This makes Masseys payout even more disgusting. Massey Energy was recently sold to Alpha Natural Resources. I have been personally assured that these corrupt practices wont reappear with the new owner. However. there are some troubling contradictions that merit a careful watch. Despite stating their intention to fully cooperate with the government investigations. Alpha has been keeping some senior Massey managers who have invoked their Fifth Amendment rights. And Alphas recent actions to fight potential pattern of violation sanctions at former Massey mines dont set well either. Yes. mining is a dangerous job. but not every mining company operates like Massey. nor should they. nor should we tolerate the Masseys of the coal industry.