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Politics

Kline complains proposed mine safety legislation that tries to protect all workers is too ‘expansive.’

Yesterday, Democratic lawmakers proposed new legislation that “would make it easier to shut down mines with poor safety records” and “would also boost penalties for serious violations, grant mine regulators the power to subpoena documents and testimony, and offer greater protection to whistleblowers who report safety problems.” The lawmakers say the legislation “is needed to fix a badly flawed system that came to light after the accident at the Upper Big Branch mine” that killed 29 workers in April. But Republicans like Rep. John Kline (R-MN) are balking at the proposal, claiming that it is too “expansive”:

Instead, said Kline, the senior Republican on the House Education and Labor Committee, the Democrats have overreached, proposing “a much more expansive approach” than that needed to protect the nation’s miners.

“Republicans,” Kline said in an e-mail, “believe we need targeted steps to improve mine safety and prevent tragedies like the one that occurred at the Upper Big Branch mine in April of this year. That means improving the mine safety laws on the books and demanding stronger enforcement by the federal agency charged with protecting miners.”

The Democrats’ proposal, Kline added, “takes a much more expansive approach, reshaping workplace safety policies that have nothing to do with protecting miners working underground.”

In particular, Kline is against “adding whistle-blower protections to the Occupational Safety and Health Act that apply to all workplaces.” The reason the legislation wants to address other workplaces is because “mines are not our nation’s only dangerous workplaces,” according to a Democratic summary of the proposal. “All workers deserve to come home safe after work each day.”

Politics

Sharron Angle’s energy plan: Deregulate the ‘mining industry,’ as well as the ‘oil and petroleum industry.’

sharron angleOn May 26, a few weeks after BP’s oil disaster began, U.S. Senate candidate Sharron Angle (R-NV) told a local media outlet that her solution to America’s energy policy would be to “deregulate” the oil industry. While both conservatives and liberals agree that this catastrophe could have been prevented if BP had invested more in safety and if regulators had been more attentive, few, if any, have taken the extreme view at there is actually too much regulation on the oil industry. However, last Wednesday, while appearing on the hate-filled website ResistNet’s Internet radio station, Angle reiterated her position and explained that if elected, she would ensure that “government isn’t over-regulating” the “oil and petroleum industry,” as well as the “mining industry.” Angle appeared to attack her opponent, Sen. Harry Reid (D-NV), for supporting the Mining in the Parks Act, a law that prohibits mining in National Parks:

ANGLE: I was just saying we are over regulating some of our industries and of course the oil and petroleum industry is one of those we’ve been over regulating and that has what has been dependent on foreign oil. And of course that dependence gets us into big troubles overseas. And, we need to not have the dependence, we need to come back and explore our domestic resources and take the regulation off. If we would take the regulation off, we could explore in ANWR, and also some of the other places we have oil reserves that we’re not doing that right now. One of the other things that Harry Reid has done is that he is stifling the mining industry right here in Nevada by using the Monument Act to keep mining engineers from going out and prospecting or exploring for those mineral resources because the regulations they have on a monument you can’t do any digging or prospecting. So, that’s the kind of thing we need to do with all of our natural resources — make sure that the government isn’t over regulating those industries and causing them to be outsourced, like the oil and petroleum industry.

Listen here:

Before the news was saturated with headlines about BP’s unfolding disaster, mining giant Massey Energy killed 25 workers in a mine explosion. The mine was cited for numerous safety violations, however radical anti-government ideologues like Angle believe that the problem with the mining industry is actually too much regulation.

Climate Progress

Investors Call For Resignation Of Massey ‘Safety’ Directors

An investment group with ties to labor pension funds called for the resignation of Massey Energy directors who are “ultimately responsible for Massey’s alarming safety compliance record.” The Change to Win Investment Group “presented today an in-depth analysis to shareholders of Massey Energy Company, making the case to vote against the three directors up for election at the mining company’s May 18 annual meeting, the first meeting of shareholders since the tragic April 5 explosion at Massey’s Upper Big Branch mine in West Virginia, in which 29 miners lost their lives.” In a letter to investors, CtW called for the removal of directors responsible for the “preventable mine explosion” that “killed 29 miners and destroyed $1.1 billion in shareholder value“:

We urge you to vote “Withhold” on directors Richard M. Gabrys, Dan R. Moore and Baxter F. Phillips, Jr. at the Massey Energy Company annual meeting on May 18. As members of the Safety, Environmental and Public Policy Committee (SEPPC), these directors are ultimately responsible for serious and systematic non-compliance with mine safety laws over an extended period, a risk oversight failure that likely led to the catastrophic and preventable mine explosion on April 5 that killed 29 miners and destroyed $1.1 billion in shareholder value.

The investment group “believes Massey Chair and CEO Donald Blankenship’s ‘production first’ emphasis fostered a management culture that tolerated unacceptable safety and compliance failures.” By supporting Blankenship’s drive for profits over rules, the members of the Safety, Environmental and Public Policy Committee hold ultimate responsibility for the deaths of Massey’s miners.


Don Blankenship’s ‘Safety’ Overseers

Richard Gabrys

On Massey’s board since 2007, Gabrys is “the retired vice chairman of Deloitte.” He also serves on the board of the Michigan-based companies La-Z-Boy Inc., coal-dependent utility CMS Energy, and engineering firm TriMas Corporation. Gabrys has given $6000 to Republicans, including $1000 to George W. Bush, and $500 to Rep. John Dingell (D-MI).

Dan R. Moore

On Massey’s board since 2002, Moore is “the Chairman of Moore Group, Inc., which owns multiple automobile dealerships in West Virginia and Kentucky.” He previously ran West Virginia’s Matewan Bank. Moore also serves on the board of the West Virginia University Foundation, the Branch Bank and Trust Company, and the West Virginia Housing Fund. Moore has contributed $8100 to Republicans since 2000.

Baxter F. Phillips

Massey’s president since 2008 and a top executive since 2000, Phillips joined Massey in 1981. Phillips has contributed $8900 to Republicans and $5950 to the Massey PAC.

On April 19, Massey director Lady Barbara Thomas Judge resigned amid shareholder unrest.

“During times like these, a change in senior management is not appropriate or in the best interest of our members and shareholders,” said Admiral Bobby R. Inman, Massey Energy’s lead independent director on April 22. “Therefore, we want to emphasize that Don Blankenship has the full support and confidence of the Massey Energy Board of Directors.”

Politics

Coal disaster company Massey Energy denied time off for miners to attend their friends’ funerals.

Praying 4 our minersCoal baron Don Blankenship’s Massey Energy has prevented miners from attending funerals of the 29 victims of the killer explosion at Massey’s Upper Big Branch mine in Montcoal, WV. Massey has taken steps to keep up the mining in the grief-stricken community. The “threat of job loss” from Massey’s non-union mines, “be it spoken or simply understood — has created a culture of fear in some corners of Southern West Virginia, where coal is the only real industry, and Massey is king of the hill”:

Massey Energy, the Virginia-based coal giant that runs the Upper Big Branch Mine, has denied time off for miners to attend their friends’ funerals; has rejected makeshift memorials outside the mine site; and, in at least one case, required a worker to go on shift even though the fate of a relative — one of the victims of the April 5 disaster — remained unknown at the time, according to some family members and other sources familiar with those episodes. In short, the company might be taking heat for putting profits and efficiency above its workers, but it doesn’t appear to have changed its tune in the wake of the worst mining tragedy in 40 years.

“They told my husband, ‘You’ve got a job to do and you’re gonna do it,’” the wife of one Massey miner told the Washington Independent’s Mike Lillis, referring to the funerals he’s missed this month for friends who died in the blast. “What else are we gonna do?”

Update

Massey’s board has hired a politically influential Texas public relations firm to manage the increasing criticism for putting coal profits above principles.


Update

,Massey spokesman Troy Andes tells the Washington Independent: “We know of no instances when miners were denied a request to attend a funeral.”


[u

Economy

New Labor Enforcement Data Site Shines A Light On Worker Safety

Our guest blogger is Karla Walter, a Senior Policy Analyst with the American Worker Project at American Progress.

Pray for Our MinersIn the wake of the tragedy at Massey Energy’s Upper Big Branch mine that killed 29 miners, the national media finally uncovered Massey CEO Don Blankenship’s long record of safety violations, environmental damages, and unfair labor practices. Massey’s dismal record suggests that the tragedy wasn’t a freak event or an act of God, but the result of a reckless employer that too often put profits before people.

The Department of Labor unveiled a new public enforcement database last week, the Department of Labor Enforcement Data Site, that increases accountability for companies that violate workplace laws, including mine safety laws. This resource — created in response to the President Obama’s Open Government Initiativeshines a light on practices that are unacceptable and gives the public a chance to get them changed. The site, now in beta form:

– Discloses company-specific data on minimum wage and child labor law violations for the first time without a freedom of information request,

– Unifies data on violations of workplace safety and health, diversity, and employee benefits plan reporting laws, and

– Allows the public, advocacy groups, and particularly workers to track enforcement results, exerting pressure on specific scofflaw employers and the federal enforcement agencies

Labor Secretary Hilda Solis has dubbed herself “a new sheriff in town,” and one year into her administration has made effective and innovative enforcement of worker protection laws a top priority. The site is another signal that Solis is serious about protecting America’s workers. While some of the data—including the mine safety data—are available in other locations, by unifying it in one location her department is increasing the public’s ease of access. As Massey’s unsafe mines sadly reveal, if there’s one workplace violation at a firm, there may be other kinds of violations at that site.

The Center for American Progress Action Fund’s American Worker Project has long advocated for a centralized, public website containing workplace enforcement data from all Labor enforcement agencies. The department needs to implement its intended improvements to make the site fully functional, because enforcement of worker protection laws cannot be strengthened fast enough for the safety and well-being of all working Americans. Public oversight and access to enforcement data will be a critical part of increasing accountability and improving oversight in the future.

Update

Politico reports that Glenn Spencer, executive director of the US Chamber of Commerce’s Workforce Freedom Initiative, calls the new site “a trial lawyer’s dream.”

Climate Progress

Blankenship Attempts Damage Control: ‘I Don’t Think Anybody’s Head Has To Roll’

Don BlankenshipCoal baron Don Blankenship is pushing back against calls for his resignation, following the deadly explosion at his company’s Upper Big Branch Mine in Montcoal, WV, the worst US coal disaster in 40 years. In an extended interview with the Charleston Daily Mail, the Massey Energy chairman and CEO challenged the idea that anyone should be held accountable for the mine explosion, which killed 29 miners:

I don’t think anybody’s head has to roll. I think that’s misplaced emphasis right now. The guys that are running these coal mines, they’re heartbroken, and they’re distressed and despondent, and the last thing they need is anybody pointing fingers at them right now. We don’t need anybody to be more impacted than they already have been.

Gone was the partisan, anti-regulatory, science-denying, unrepentant right-wing capitalist Don Blankenship. The Blankenship in the Daily Mail interview was conciliatory and cautious, though flashes of his high self-regard and combative spirit appeared.

The Wit and Wisdom of Don Blankenship
THEN NOW
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. [6/23/09] We really need more cooperation rather than one side, i.e. the government, either the state or the federal government and the companies being at loggerheads.
We also endure a Mine Safety and Health Administration that seeks power over coal miners versus improving their safety and their health. . . . I also know Washington and state politicians have no idea how to improve miner safety. [9/7/09] There are things that when you are in my role you have to take come comfort you have professionals, the federal government has professionals, the state has professionals, and you have to at some extent rely on what they are doing.
What you have to accept in a capitalist society, generally, is that I always make the comparison it’s like a jungle, where a jungle is survival of the fittest. Unions, communities, people, everybody’s going to have to learn to accept that in the United States you have a capitalist society. [1986] If you know me, I’m a pragmatist. I believe in pragmatism.
I think climate change is a normal course of history, that there is not any correlation that can be shown between man-made CO2 emissions and climate. . . . I don’t believe the scientists look at the mathematical logic to it. They’ve looked at different periods of history and geology and science and all this. They look at temperatures. [11/16/09] I believe in finding causation, and I believe that physics and chemistry and so forth are the same every day regardless of what the political atmosphere is.
This memo is necessary only because we seem not to understand that the coal pays the bills. [10/19/05] I have no interest in the money aspects of it or anything, I’m just trying to get the job done.
We don’t pay much attention to the violation count. [5/26/03]

Violations are unfortunately a normal part of the mining process. [4/6/10]

We’re not operating any mine that we think needs to be shut down; otherwise it would be shut down. I did idle several mines yesterday and maybe some more this week on the basis of violations since this accident to make sure we use the violations at one particular mine to assess all similar circumstances at all of our mines.

“It would be a big disappointment to everybody else involved if I were to walk away from [the job],” Blankenship concluded, ignoring the calls for his resignation coming from shareholders, workers, and consumer advocates.

Update

Today, President Barack Obama discussed the initial findings of an investigation by Secretary of Labor Hilda Solis, Mine Safety and Health Administration chief Joe Main, and MSHA Administrator for Coal Mine Safety and Health Kevin Stricklin:

We just concluded a meeting, where they briefed me on their investigation. I want to emphasize that this investigation is ongoing, and there’s still a lot that we don’t know. But we do know that this tragedy was triggered by a failure at the Upper Big Branch mine — a failure first and foremost of management, but also a failure of oversight and a failure of laws so riddled with loopholes that they allow unsafe conditions to continue.


Update

,Massey Energy fires back at President Obama in a corporate statement:

Today’s statements by the White House about the Upper Big Branch tragedy are regrettable. We fear that the President has been misinformed about our record and the mining industry in general.


[updat

Climate Progress

Inslee: ‘Mine Safety Is As Silly As Global Warming’

At a hearing with top US coal executives, Rep. Jay Inslee (D-WA) agreed with a statement made by another coal CEO, Massey coal baron Don Blankenship. Last year — a few months before his Upper Big Branch mine in Montcoal, WV, exploded, killing 29 miners in the worst US coal disaster in 40 years — Blankenship said that the efforts by officials to get Massey Energy to improve mine safety are as “silly as global warming.” Inslee replied that “it’s actually very true“:

It’s actually very true. Mine safety is as silly as global warming — they’re both deadly serious and they’re not silly at all.

Watch it:

In his full opening remarks, Inslee noted that several headlines tell the story of the deadly dangers of our dependence on coal — a killer tsunami in Peru caused by a glacier breaking apart, the disappearance of yet more glaciers from Glacier National Park, and the Montcoal mine disaster. “If you decide to join with us to try to find a way to have a policy that will allow coal to be burned in a way that does not put massive amounts of CO2, that does not treat the atmosphere as a garbage dump, that in fact buries it underground,” Inslee said, “coal can have a future. If you don’t, it won’t.”

The House Committee on Energy Independence and Global Warming hearing was later interrupted by youth climate activists, who confronted the CEOs of Peabody Energy, Arch Coal, and Rio Tinto with lumps of dirty coal.

Climate Progress

Rush Ignorantly Wonders ‘Where Was The Union’ At Non-Union Mine Disaster

Last Friday, Rush Limbaugh asked why a coal miner union didn’t protect the 29 miners who were killed when Massey Energy’s Upper Big Branch Mine in Montcoal, WV, exploded under unsafe conditions:

Was there no union responsibility for improving mine safety? Where was the union here? Where was the union? The union is generally holding these companies up demanding all kinds of safety. Why were these miners continuing to work in what apparently was an unsafe atmosphere?

Listen here:

There’s a simple reason the union didn’t protect the miners: the Upper Big Branch Mine, like nearly all of the mines under Massey CEO Don Blankenship’s control, is non-union. In fact, the United Mine Workers of America (UMW) “tried three times to organize the Upper Big Branch mine, but even with getting nearly 70 percent of workers to sign cards saying they wanted to vote for a union, Blankenship personally met with workers to threaten them with closing down the mine and losing their jobs if they voted for a union.”

Blankenship rose in Massey’s ranks by breaking its union mines in the 1980s. Blankenship said then that busting unions is “invaluable” to profits, as non-union companies can “sell coal cheaper and drive union coal out of business.”

Union mines have a significantly better safety record than non-union mines especially for major disasters, as union miners can refuse unsafe work and report dangerous conditions without fear of retaliation. In addition to preventing Blankenship-style intimidation, the proposed Employee Free Choice Act would increase whistleblower protections for non-union and union workers alike. Under Blankenship’s direction, the U.S. Chamber of Commerce and the National Mining Association have spent millions to oppose passage of such legislation for worker rights, comparing it to a “firestorm bordering on Armageddon.”

Immediately following the tragedy, the UMW sent trained support personnel to the disaster site. “We are all brothers and sisters in the coalfields at times like this,” UMW President Cecil Roberts said in a statement offering the assistance, which was refused by Massey company officials.

Climate Progress

Don Blankenship Called Safety Regulators ‘As Silly As Global Warming’

The death toll from Massey Energy’s Upper Big Branch mine explosion last week has reached a total of 29 miners, the worst coal disaster in 40 years. When the disaster occurred, Massey was contesting millions of dollars in major safety violations levied against the mine. At his Labor Day anti-union rally last year, Massey CEO Don Blankenship attacked the Mine Safety and Health Administration (MSHA), claiming it “seeks power over coal miners.” He mocked both “Washington politicians” and local elected officials who attempt to ensure miner safety, calling their efforts “as silly as global warming”:

We also endure a Mine Safety and Health Administration that seeks power over coal miners versus improving their safety and their health. As someone who has overseen the mining of more coal than anyone else in the history of central Appalachia, I know that the safety and health of coal miners is my most important job. I don’t need Washington politicians to tell me that, and neither do you. But I also know — I also know Washington and state politicians have no idea how to improve miner safety. The very idea that they care more about coal miner safety than we do is as silly as global warming.

Watch it:

Don Blankenship — who uses his position on the boards of the National Mining Association and the U.S. Chamber of Commerce to promote his conspiracy theories about global warming — said he spent one million dollars to put together the “Friends of America” right-wing rally and rock concert in Holden, WV on September 7, 2009, which starred Ted Nugent, Hank Williams, Jr., and Fox News host Sean Hannity. In 2009, Blankenship also complained that “politicians get emotional” about disasters and establish “nonsensical” safety rules.

Update

At Work in Progress, Michael Whitney notes:

This morning’s news from the S&P stock exchange should be music to Don Blankenship’s ears. Massey’s stock has been upgraded to a “buy” because the accident should be “immaterial” to Massey’s finances.


Update

,Before the disaster, Blankenship attacked MSHA and “emotional” elected officials trying to improve mine safety with “nonsensical” laws. After the disaster, Blankenship claimed these “experts” had certified the mine as safe, when in fact Massey Energy was contesting hundreds of violations worth over $1 million, preventing MSHA from taking action:


Update

[/update

Economy

Blankenship’s Union-Busting Goal: ‘Sell Coal Cheaper And Drive Union Coal Operations Out Of Business’

This week, Upper Big Branch mine in Montcoal, WV, was the site of the deadliest mining disaster since 1984, with at least 25 miners killed and others still missing. The disaster was caused by an explosion of contained methane gas, which caused a similar incident at the Sago Mine — also in West Virginia — in 2006.

As Brad Johnson has pointed out, the Upper Big Branch Mine, which is owned by Massey Energy, has been cited for thousands of safety violations, including 638 since 2009. More than $2 million in fines have been assessed against the mine. Massey is run by CEO Don Blankenship, who just last year complained about “nonsensical” safety rules set by the federal government to protect miners. Not only that, Blankenship has said that “unions, communities, people, everybody’s going to have to learn to accept” that “capitalism from a business viewpoint is survival of the most productive.”

To that end, Blankenship has made a concerted effort to not only flagrantly flaunt a safety code that might have cut into his profits, but also to prevent unionization at his company’s mines. In a 1986 film documenting his role in crushing striking miners at Massey operations in Appalachia, Blankenship was frank about his goals to destroy unionization, in order to “sell coal cheaper”:

What that means is that non-union competitors have a tremendous advantage and therefore they sell coal cheaper and drive union coal operations out of business.

Watch it:

To date, Blankenship has largely succeeded in purging union members from his company’s ranks. Only 1.8 percent of Massey’s workforce is unionized. One miner who was employed by Massey for 25 years said that working for Blankenship was “like living under a hammer. It’s all about the bottom line, we all know that.” In 2007, the National Labor Relations Board determined that Massey’s refusal to hire union workers was illegal.

But if the Upper Big Branch miners were unionized, there’s a greater likelihood that the mine would have been safer. Since 2002, less than than one-fifth of the total mine worker fatalities have occurred at unionized mines. And the reason is simple: workers at a unionized mine are not afraid to report unsafe working conditions. “I can absolutely say that if these miners were members of a union, they would have been able to refuse unsafe work…and would not have been subjected to that kind of atrocious conditions,” said United Steelworkers President Leo Gerard.

Also, unions have the right to accompany mine inspectors on their rounds, providing accompanying documentation and testimony, so it’s not simply the inspector’s word against the company’s. But Blankenship has made it clear that he considers the safety and health of his workers as secondary to squeezing every penny out of his mines that he can.

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