[Congressional Record Volume 157, Number 166 (Wednesday, November 2, 2011)]
[House]
[Pages H7211-H7212]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      UMWA UPPER BIG BRANCH REPORT

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California (Mr. George Miller) for 5 minutes.
  Mr. GEORGE MILLER of 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 
Energy's Upper Big Branch mine that led to a colossal explosion killing 
29 miners. It confirms the findings of two other independent 
investigations.
  In short, Massey's 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 three-quarters 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 Energy's 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 didn't 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 industry's 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 percent--
the 1 percent--walked 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

[[Page H7212]]

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. It's 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 Massey's payout 
even more disgusting.
  Massey Energy was recently sold to Alpha Natural Resources. I have 
been personally assured that these corrupt practices won't 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 Alpha's recent actions to fight potential pattern of 
violation sanctions at former Massey mines don't 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.

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