I’m a blogger fellow with Brave New Films on their 16 Deaths Per Day campaign for worker safety.
President Obama just released a statement showing an extreme attentiveness to the Massey Energy mining disaster in Coalmont, West Virginia. He has called for an initial assessment report from federal mine safety officials next week, as well as action items for how to prevent accidents like the one that caused the greatest loss of life in over 25 years.
The President will meet next week with Secretary of Labor Hilda Solis and Mine Safety and Health Administrator Joe Main. He expects them to report on their early assessment of the deadly explosion’s cause, the safety record at the Upper Branch mine, and the steps that the Federal government should take to improve safety enforcement and prevent future tragedies. The Secretary and MSHA Administrator will address safety issues as well as enforcement and legal authorities in their briefing.
There’s a very simple way to make mining safer – put Don Blankenship and Massey Energy out of business. The company’s safety record is appalling, and clearly the CEO cares more about “running coal” than protecting his workers. This really isn’t much of a secret. You can look at the $3 million dollars in fines his company has run up for safety violations, the personal testimony of employees saying that working for Blankenship was “like living under a hammer,” the multiple investor lawsuits criticizing Blankenship and Massey Energy’s safety record or the words from Blankenship himself, saying that he doesn’t like following safety rules:
They’re very difficult to comply with. There’s so many of the laws that are, if you will, nonsensical from an engineering or a coal mining viewpoint. A lot of the politicians, they get emotional, as does the public, about the most recent accident, and it’s easy to get laws on the books that are not truly helping the health or safety of coal miners. I think we need to be very pragmatic and very careful when we’re passing laws of that nature to make sure that we create as much safety and as much health as can be created for each of the resources we expend.
Blankenship really didn’t have to worry about safety rules under the Bush Administration, because the MSHA was basically captured by industry. But with a new sheriff in town, Blankenship finds compliance “onerous.” The employees in the Upper Big Branch mine have quite a bigger burden.
UPDATE: The Upper Big Branch mine has been shuttered 61 times in the last 15 months for safety violations. This is getting close to criminal.




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In a ‘normal’ country, this isn’t ‘close to criminal’.
It is criminal. People actually get arrested. Then they go to jail. For a long time.
But the US isn’t a normal country any more.
Seconded.
O issues a sternly worded statement.
These are good first steps but I’ll bet Mr. Blankenship has already written several large checks to smooth everything over. Without criminal prosecution, it’s just more Orahma platitudes.
And I agree with the above comments: It went past “almost criminal” during the Bush years apparently and it took 29 deaths to FORCE them to pay attention to the criminally negligent homicide factory that is Massey Energy.
Why isn’t it criminal? Are there laws that say killing employees is legal? This is a real question.
I saw that scumbag do an interview yesterday, and he actually said, “Everything is a risk.” I couldn’t believe the reporter was too much of a wuss to ask him when was the last time his body was put at risk.
Fixed…! ;-)
Thanks and yep!
This is advanced Western civilization where my brother in West Virgina faces 10 YEARS in prison for 25 4″ plants and the loss of his house and this murderer who likes to play russian roulette with his workers, happens to kill 25 and he’s not a felon?
WTF is up with that America?????????
Dayam, that’s mere seedlings…! *gah*
The thing is, that if the SPCA came and told you that you had to take your pets to the veterinarian and do something about their squalid living conditions and you didn’t do it, they would take your animals away and possibly prosecute you as well they should. But if you’re a rich robber baron and you’re told to clean up your act and start operating within the law and several employees wind up dead, a campaign donation and a token fine will keep you in business while retaining the very same practices that got the people killed. Justice in America.
What are the odds they’ll wind up looking forward instead of backward on this?
He’s just too big to fit in the prisoner’s dock. Understand now?
That is a very telling analogy.
I almost wish you hadn’t thought of it.
Where did I state or imply that I didn’t understand?
Today Obama will be calling Blankenship a fat cat, tomorrow he’ll be calling him a savvy businessman.
So, as long as they are contesting the fines nothing has to be done?
Basically…! 8-(
It was rhetorical ;). I know you understand.
After all, it’s just part of the cost of doing business.
(I wish it was snark. With this guy, not.)
Fixed for you. Right to life, liberty and the pursuit of happiness case if I’ve ever seen one. If it’s not homicide or manslaughter, it’s violation of their civil rights. If the DOJ has any integrity dredged free from the sludge of the Bush years.
Did Obama get some “religion” via labor?
SEIU is starting a 3rd party in NC. Read it.
sorry I missed this thread -
does anyone have basic info on the protocols for assessing fines ?
are they pre set ?
by whom/how ?
how much discretion does Interior/Bureau of Mines have in assessing fines ?
I understand they like to clog up enforcement with appeals, so why aren’t there penalties assessed for every day of non payment ?
curiouser and curiouser.
my first thought was this was some vodee-o doh with the WH to squeeze those three for some upcoming vote – but guess SEIU wouldn’t be spending their money to help WH squeeze – then again I recall their standing with the teabaggers during the Sirota Action in Denver – guess we’ll find out
Same DLCesque religion as it ever was.
I may have to send old Kissell some lunch money.
Alliances are cracking. There may be some free range veal running around out there now.
mmmmMMMMMM?
Edit: This is supposed to be @ ES 26
But wait though. If they’re outside the party apparatchik, it starts breaking down doesn’t it? Who cares about motive.
If it only breaks with a right wing/corporatist motive (keep them in line boys!)… which labor seems to be determined to play enforcer… I don’t see how that’s any better than an Armitage run teabagging maneuver?
Help me out?
So you’re reading it as fake triangulation?
I could see that.
But what if they REALLY are PISSED?
Pissed at what? Given what we just witnessed with labor pushing this insurance pharma looting bill via their veal pen… I don’t see any reason to doubt their motives as mentioned in the article.
Awww, dammit. Here I am thinking the line union counts, when they don’t.
This is just one of those whipping operations only taken to an exquisite degree, rather than being a genuine third party reaction.
Shit.
edit: *finds merlot, shuts work email off. blergh.*
Afraid so… would love to be wrong.
It’s an enforcement operation. Labor was never interested in ceding their benefit carrots for their peeps, imo. Creation of a solid PO/SP would have made them less relevant in the eye of members or potential members.
Edit: Plus they give a lot of money to Blue Dogs.
Plus I have always wondered how much investment money they have tied up in insurance pharma finance etc.
This is what counts as taking a stand? Calling for reports and action items?
Oooh, will he escalate his involvement to include viewing a graphically-intensive PowerPoint presentation?
I know! I know! He’ll then take the bold action of giving a speech!
“Very simple way to make mining safer . . .” and that would be without due process? No, there is no simple way and you don’t just to get to put someone out of business. Should there be stringent regulation that is not there now? Sure. Should there be heavy fines for violations? Sure. But to say there is a “very simple way” of dealing with this sort of situation is just nonsense. My grandfather said he would never forget his fourteenth birthday. Why? Because the next day, as his father and grandfather before him, went to work in the mines. Under the North Sea.
Once again, FDL degenerates from thoughtful discussion to bashing Obama.
As a person who also comes from generations of coal miners, in these very mines in Appalachia, I take a different view than you seem to. I too remember the stories of my family, of the children in the mining towns hearing the sirens, all suddenly knowing that another one or more of their fathers had been killed in the mine, and the dread and the fear that it might be their father who wasn’t coming home that night.
And what of the dead miners? What of due process for them? Why only for the wealthy?
And how many generations of this abuse and utter contempt for the lives of workers must people wait until it counts as “due process”?
Blakenship should be held accountable for the real crime – murder. And for that we arrest people and try them. I would completely support your call for “due process” in that case.
Of course, the largest problem is the collusion of the mine owners and the governments who supposedly regulate them.
But not being able to immediately solve the larger problem doesn’t mean we can’t immediately solve the smaller ones.
(A good recent documentary about life in Appalachian coal mining country is the Academy Award-winning “Harlan County, USA.”)
Pursuing the regulation that is already in place WOULD put Blankenship out of business.
That’s not bashing.
Speaking of due process, how’s that Presidential Assassination By Fiat working out for you? It’s fine for Blankenship, but not for Al Aulaqi?
You get out of the USA, you’ll see a LOT of abuses in mining around the world HORRIBLY worse than those in the USA.
I’m not saying the USA is NOT abusive in it’s mining management, all capitalistic management is abusive with respect to its labor, it’s the nature of that existence.
But I gotta question your posit of the criminality of it all and the ‘held accountable’ end result you offer.
I don’t think the conviction rates of bad management and ownership WRT labor deaths or sufferage are less outside the USA, I’d expect them to be higher, for that matter, in under developed nations, even in developed nations, where mining and extraction of resources is still a major cash cow.
Wanna know why I think this?
Cuz the USA corporate structure is likely BEHIND those mining and extraction efforts!
Just sayin.
You and eCahn got it goin . . . and I’m still working my way thru comments.
There are no laws, no prosecutions, no realities to hold accountable the corporate structure that puts labor at risk for its life on the job.
All laws and legal recourses have been negated, deregulated, nullified since Ronnie RayGun.
Any gains for mining labor post 20′s and 30′s were negated in the 60′s, 70′s and 80′s.
As were all gains for all labor.
Mary, they are large corporate interests, with bizzalions of moneys.
They do what they want.
I know you know this . . . .
Kelly, I’m with you almost all the times.
But this is a bit of a confusing read on its own, including your comment, which I think I don’t get, so I’ll vent and rant a bit if ya don’t mind . . *G*
1) Labor, SEIU, failed to support a ROBUST Public Option, or single payer.
2) They waffled back and forth thru out the HCR (HIR) on all sides of the fence.
3) They can’t be trusted anymore than MoveOn, DFA, or any others who gave up and caved on prog issues.
4) The entire Congress shafted progs, the Prog Caucus, and the Prog Caucus shafted us progs. On HealthCare, and ever other issue since Obama took reing.
So, fuck me if I’m a bit skeptical about the great and good intents of labor to counter the shit progs are facing.
And I meant that in the MOST metaphorical way . . . ;-)
Want Avacado Glacage Recipe?
The SEIU and most labor orgs have moved to Obama for their own self preservation, as they give in to Obama like they caved into the Republicans when THEY had majority.
The labor orgs serve the money, and their piece of the pie.
I sure wish that the progs would understand and GET that they have been sold, shafted and screwed as much as the rest of the working class has been. And that’s not just labor, but white collar, education, and more.
Sadly, those who still have a piece of the Ivory Tower and a piece in the game of upward transfer of wealth still think they are invulnerable. They think the PTB won’t come for them.
They think, the Veal Pen represents them, and won’t turn on them.
Silly Sheeple.
Show me. I remain skeptical.
Salt, pepper, oil, vinegar.
Make my marinade.
Give me hope.
Dare ya. *G*
What evidence since Obama’s campaign, his Inauguration, and his rulings (and Congress) since January do you have to even HOPE labor is not beaten down and sold, as it always has been since Eugene Deb’s died???
Yer starting to sound Centrist, hoss, and I KNOW that’s not you!!!!!
Gimme back the Kelly I know!!!!
*G*
Way to stand ground ES!! *G*
I don’t think any of us need to worry about NOT being fucked!!!
And frankly, for Steve Gilliard, FTFY!!!
And the horse the corporate structure rode in on and destroyed with the auto!!
Ok, I’m off the hook . . . was thinking about Ford’s take over of inter and intra urban railways (small scale rails/trolley’s) long ago.
So, how about them SF Giants, sweeping Houston!!! Yay!!!!!!!!!
*G*
I have no positive words to respond to you, other than I disagree with you.
I disparage your messaging. Always.
*G*
Not my fav version, I prefer Michelle Shocked’s version, but Youtube don’t have it.
Kathy Mattea’s Version
And for those who don’t know, famed musicologist, folkie and singer/songwriter Jean Ritchie wrote this song, long ago. It speaks of the mines, of Appalachia, and more, in our lives.
Ok, here’s a closer version to Michelle Shocked, and Jean Ritchie.
Just Missin A Dobro!
It’s very simple and obvious given recent events.
Unless you are at MINIMUM a millionaire, neither the Republican NOR the Democratic party is on your side, so voting for EITHER of them is the political equivalent of slitting your own throat. The only difference is MAYBE the speed and sharpness of the blade being used.
Go Green or stay home.
A very simple starting point for stopping this:
NATIONALIZE THE MINES!!! As we as a society confront peak oil and continue to use coal to fire our power plants coal, like oil, becomes a national security interest. Why let a douche like Blankenship and Massey continue to threaten the health of miners and the continued energy security of our country?
Take his fucking company. Compensate him at the exact amount of compensation his fucking company has provided for dead miners in the past three years and let him get the fuck over it.
Hey, you’ve got to get your priorities straight you know!
Corporations Good. Hippies Evil. Or something like that.
Legal hero Holder is fully with this program. Sincerely sorry for your brother though.
Couldn’t agree more.
Why the “Obama takes stand…” headline?
I didn’t see anything in your piece that suggests any such thing.
Since Blankenship’s bad behavior happened “in the past”, are criminal charges “off the table?”
Of course. You know that’s how it works now. If you’re a biggie.
Well I am afraid even Child Molesters and Coal Barons are entitled to “Due Process” in the USA. I too had relatives who went down in the Mines in Applachia, and know that is the only work available unless they leave home. It is a fact that Union Mines have a better safety record that non-union because of Safety Clauses that are written in the CBA. Some things to put on your To-Do list; Criminally Prosecute the Serial Violators, Support the EFCA and call or E-mail everyone you can think of and demand action. Demonstrate that the Net Roots are a force in America to be reckoned with.
Blankenship is a fucking idiot from ever possible POV. Because guess what the mine isn’t doing while it’s shut down for serious safety violations or fatal accident? Producing coal! The Massey board needs to fire his sorry ass and replace him with a non-idiot. If I was a Massey shareholder, I’d be looking to mount a proxy fight to replace the board about now.
I have never dealt with the MHSA, but I have dealt professionally with OSHA, CAL-OSHA, California Fire Marshals in a couple of districts, California Department of Toxic Substances, and the CARB. Their job is not to stop commerce — their job is to make sure you don’t kill anyone or piss in your neighbors’ cheerios. Dealing with them in a cordial and efficient manner is just a matter of kindergarten-level human relations. As long as you treat them with respect, pay attention to their concerns, have some understanding of the environment they work in, and don’t kill anyone, your dealings with them will likely be quick, friendly, and non-disruptive.
With national security involved and the nation’s power supply threatened, the payout to Massey is due process enough. Blankenship is a murderer – he should be in Gitmo.