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Upper Big Branch Mine (photo: TV19 - DD Meighen/flickr)
The Federal Mine Safety and Health Administration released a report on the Upper Big Branch Mine disaster. Via the Huffington Post, here’s a summary:
Mine Safety Administration Fine: $10.8 Million; Payment to DOJ to avoid prosecution: $210 million
Safety Citations: 361
Flagrant Violations of Safety: 21
Size of report: 80,000 pages
Number of miner victims: 29
“The report comes right on the heels of an announcement earlier today that the Department of Justice had reached an agreement with Massey’s corporate parent, Alpha Natural Resources. The company has agreed to pay $210 million to avoid prosecution, including $1.5 million to each of the victim’s families.
Alpha purchased Massey earlier this year for $7.1 billion, taking on any outstanding liabilities stemming from the disaster. The settlement bars Massey as a company from any criminal prosecutions but leaves open the possibility of indictments against individuals. A Massey security official was indicted for obstructing justice earlier this year.”
And just as importantly:
“Despite the condemnations from lawmakers, congressional leaders still have not managed to move any legislation to improve mine safety in the 18 months since the disaster. Members of both the House and Senate have introduced mine safety bills that would make it easier for the government to shut down mines that show a pattern of safety violations, but such legislation is unlikely to pass a Republican-led House determined to limit regulations on businesses.”
Upper Big Branch Mine Disaster MSA Report
So, will MSA collect? Will any of the miners’ families collect? Will anyone in upper management of Massey EVER see the inside of a court room (much less a jail cell?)? Will anyone who was a member of the Board of Directors ever see the inside of a court room? Inquiring minds would like to know.
34 Comments
No prosecution? Can’t look backwards. Instead look forward to more dead miners.
All for the low, low cost of $210 million…a pittance that will be written off as the cost of doing business. Business as usual, between calamities.
Thanks for the news, Toby. Almost too mush outrage for so little time.
Evil squared. Trined. The poor families; I know they will have their hopes up; hope they do see some of Massey’s filthy lucre at least.
I for one believe right down to my toenails that until the day comes that company presidents, Sr. VPs, and members of corporate Board of Directors get picked up, cuffed, have their poor widdle heads bent down so that they can be put into the back seats of police cruisers, finger printed, charged and have to cool their heels in jail cells until someone can post bail so that they can be tried and hopefully convicted for negligent homicide (I’m picking that one; if someone knowledgeable here has a better charge, I’d be happy to hear it), nothing is going to change. As long as they feel immune, they…do…not…care.
I can’t wait for one of these greedy execs gets 20 years for involuntary manslaughter for all the miners that have died because they were too fucking cheap to run a mine safely and very few of them are run safely… Just more of the bought off inspectors and judges who refuse to hold these murders accountable.. But if one of us does anything close to that we would be in jail and the key would be thrown away.. More of the same, the moneyed pricks do what ever and get away with everything not even a slap on the wrist…
Thanks Toby for the great follow up on that needless disaster…
Fined for Mass Murder. That’s preposterous! Another example of the Obama Administration’s antagonism toward Climate Science: Obama’s EPA claims that Coal produces “Clean Energy”: It just lies right there on the official Government site:
http://www.epa.gov/cleanenergy/energy-and-you/affect/coal.html
Thanks Toby.
Tweeted and recommended.
7th Amendment:
“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
Nope, no prosecutions. The one percent don’t have to follow the same rules that the rest of us do.
No shit. I read an article about it in today’s “nooz” paper breathlessly written AS IF the paltry sum was a *BIG DEAL,* and NOW the mining company will SURELY “follow the law.” Yeah right.
Pathetic.
Need to have an Occupy the Mines!
Thanks for the post. I read this with utter contemptuous disgust this morning. The Rule of Law applies ONLY to the 99%.
As we can see: the 1% gets away with MURDER… and crows about it. In yo face, shitheads.
Occupy the Mines!
National Propaganda Radio did a piece on this last night. Of course they didn’t have a spokesman for the United Mine Workers.
That’s it in a nutshell. Must protect the 1%ers no matter how criminal. Eric Holder is their “get out of jail” card.
A few dead miners–brothers, sons, fathers–is a small price to pay for “running coal.”
Thanks Aunt Toby.
1.5 mil. Per murdered miner. Kindofa cheap date for the killers no?
was it not just yesterday that O said companies can not commit crimes and think they can get away with it with paying fines and seeing it as just the cost of business
Payment to DOJ to avoid prosecution: $210 million
LOL
Returned my Obama2012 solitation–no money, no promise–with the message: Fool me once, shame on you, fool me twice–not gonna happen. Americans want to know that justice works for all–you’ve got less than a year to ‘show us the beef.’
Toby are you super pissed ? To add insult to injury don blankenshit sold out his share , Got a $12 million golden parachute and set up in randian Kentucky where the laws must be slacker.
Not sure if this is real but if true it seems kbr just got a boatload of money to erect FEMA camps and the bit that caught my eye
Subcontractor will mobilize, transport, erect, install and demobilize temporary fencing, barricades, and associated equipment according to federal, state and local laws, codes and manufacturer installation instructions. The Subcontractor shall be able to mobilize and deploy key personnel(s) within four (4) hours of NTP to meet with KBR Site Manager at the Responder Support Camp (RSC) site in order to finalize the site design plan and acquire site specific design requirements and layout.
Number of linear footage: Approximately 2,300LF for a 301 person camp after 36 hours of NTP Approximately 3,600LF for 1,000 person camp after 72 hours of NTP
so once in you can not get out?
http://static.infowars.com/2011/12/i/general/kbr-doc.pdf
The families get $ 500,000 each to be paid by Christmas. Merry Christmas don, I’m guessing coal in his stocking.
For all those who noticed that the government is trumpeting that this does NOT prevent furure criminal charges and have their hopes up, notice that it says “allows” future criminal charges, not “requires”.
If a corporation is a person, why is Massey not charged with negligent homicide?
Boxturtle (yeah, yeah, I know why. I’d just like to ask Holder that under oath)
No coal…looks kinda like a disguised golden parachute wrapped around a Get Out of Jail Free card.
Boxturtle (I’m betting his lawyer has a nice gift from Don under the tree)
Just WOW, I’m guessing the showers will be gas powered.
Scariest read of my lifetime what the hell is an NTP ?
So is the 301 and 1000 person camp indicate the FEMA workers or for the dirty fucking hippie prisoners, I just don’t know.
Not sure maybe “notice to proceed’ scary stuff indeed
Real justice in this matter would involve blood.
why would FEMA workers need the camp to be surrounded by fences and barricades
o to OWS you want to camp I got your stinking camps all set up for you “campers”. outa sight outa mind. Been good to know you all , will be bumping into a few of you I suppose in a forward kinda way.
“Sorry for your loss. Your family member is deemed to be worth $1.5 million. Meanwhile, the US DoJ will take the $166.5 million from this settlement and you can go suck a fucking egg.”
Department of Justice. “JUSTICE”???? I don’t think so.
This is Obama’s Justice Department. So where’s the Justice? The people have been abandoned by our politicians, notice I didn’t call them Representatives since they don’t represent any of us.
Forgetting the DOJ, does anyone know why the local prosecutor doesn’t just indict the heads of the company for manslaughter or reckless homicide? A violation that leads to death is classic manslaughter, reckless homicide. The old “misdemeanor murder” rule.
MSHA is a joke, just as corrupt as the rest of the federal gov. My husband is a surface miner. His stories of the violations that are ignored scare the crap out of me. I can’t imagine what it’s like for an underground miner. This will change nothing.