Posts Tagged ‘mining’

Oh God, for one more breath

Wednesday, May 21st, 2014

The excellent site Letters of Note publishes a fascinating collection of historical letters, postcards, telegrams and memos — a great site for browsing. On a recent visit, we came upon a heartfelt letter from miner Jacob Vowell, his last communication before suffocating in the Fraterville Coal Mine in Tennessee. The letter was to Sarah Ellen, his beloved wife and mother to their 6 children, one of whom, 14-year-old Elbert, was by his side in the mine. The 1902 disaster killed most of the 216 miners who were working when an explosion occurred. (Source of the photo and more about the Fraterville disaster).
jacob-vowell-letter
This letter seems particularly poignant in light of the recent terrible mining tragedy in Soma, Turkey that has claimed more than 300 lives.
Ken Ward Jr. of Coal Tattoo points us to a four-year old report that warned of the life-threatening risks in the Soma mines. Accounts from survivors also give testimony to a lax safety record and climate of fear. And as if the tragedy weren’t terrible enough, Prime Minister Erdogan’s handling of the event and the governmental response to grieving families seems like something out of a Dickensian novel. More recently, several arrests have been made.
In the “people who live in glass houses” department, Ken Ward asks why we can’t do better right here in the U.S. in his post, Why is it OK for mine operators to break the law? Last week, Eric Legg and Gary Hensley were killed at Patriot Coal’s Brody Mine No. 1. NPR investigations revealed that this mine consistently violated federal mine safety laws, but federal regulators say they were powerless to shut it down.

Despite the threat to miners, federal regulators say they do not have the authority to simply close the mine.

“MSHA failed to use an even tougher tool at the Brody mine. The agency has the authority to seek a federal court injunction that would place a mine under the supervision of a federal judge. The judge could then order the closure of the mine if its owner failed to fix chronic safety problems.

But in the 40 years it has had this authority, MSHA has used it only once — in 2010 against Massey Energy’s Freedom Mine No. 1 in Kentucky. Massey then closed the mine.”

On this topic, it’s also worth reading Alan Neuhauser’s article In US News & World Report, Experts: Coal Mining Deaths Preventable. Here’s a key excerpt:

“We have not come up with any new ways to kill coal miners,” says Celeste Monforton, a mine safety researcher and advocate who worked at the Mine Safety and Health Administration. “These are things that we’ve known for a long time and we know how to prevent them.”

Instead, for the fifth straight year, the coal mining industry is once again well on its way to recording more than 20 workers’ deaths this year.

“Very few accidents are act of God,” says Mary Poulton, head of the Department of Mining and Geological Engineering at the University of Arizona. “Almost all of them are something we should have been monitoring or controlling or dealing with. When these things happen, it’s a tragedy because our systems failed.”

Scary, but for the wrong reasons: Halloween mining disaster “attraction”

Tuesday, October 29th, 2013

Three and a half years ago, 29 miners died in Massey Energy’s Upper Big Branch Mine disaster. About 300 miles east from the locale of that tragedy, up until a day or two ago, you could walk through a “haunted” Halloween maze called The Miners’ Revenge at King’s Dominion theme park. The “attraction” was described this way:

“Alone in the darkness . . . the only sound is the pulsing of your heart as the searing heat slowly boils you alive . . . It was reported to be the worst coal mine accident in history. The families of missing miners begged for help but it was decided that a rescue was too dangerous. The miners were left entombed deep underground … “Lamps at their sides and pick-axes in their hands they are searching for the men who left them to die . . . waiting to exact their revenge.”

Peter Galuszka writes about this “amusement park” attraction in an opinion piece in the Washington Post: Miners’ deaths aren’t a theme-park thrill – or a copy can also be accessed at The Charleston Daily Mail.
Galuszka, who researched mine disasters for a book, said that the description and promotions are too close to reality.

“To promote the maze, Kings Dominion’s website features a garish picture of a badly mutilated half-skeleton.

That depiction, unfortunately, is true to reality. At Upper Big Branch, 10 of the 29 dead were blown apart by the explosion. The rest died of carbon monoxide intoxication.

So powerful was the blast that the remains of one miner were not found for days. He had been blown into the ceiling, and rescuers tended to look down.

So extensive was the physical trauma to five miners that pathologists couldn’t find enough lung tissue to probe for pneumoconiosis, or black lung disease, in their remains.”

The Kings Dominion “attraction” closed for the season on 10/27 — and none too soon. Families of deceased miners were understandably appalled and troubled. While King’s Dominion says the attraction wasn’t meant to depict a specific situation, families say that it hits too close to home.
In the WCHSTV story linked above, West Virginia Secretary of State Natalie Tennant shared her thoughts:

“I am appalled that Cedar Fair Entertainment Company is using the heartbreaking loss of our coal miners’ lives and the very real guilt of their colleagues and rescuers to make a buck,” Tennant said in a statement. “Our miners work hard and honorably, and for Cedar Fair Entertainment to exploit tragedies such as the 1968 explosion at Farmington or the Upper Big Branch disaster in 2010 for ‘amusement’ is too unbelievable for words.”

Hopefully, this tasteless chapter ends with the season and will not be revisited in future years. It does indeed hit close to home for far too many. In 2013 to date, 18 coal miners have lost their lives. See Faces of the Mine for a more fitting remembrance of those affected by the Upper Big Branch disaster.

UBB mine disaster: the plot thickens as former CEO Blankenship implicated

Tuesday, March 12th, 2013

In the ongoing saga of the federal investigation into the April 2010 Upper Big Branch Mine Disaster that resulted in the deaths of 29 miners, things recently took a dramatic turn. The legal-criminal proceedings have resulted in four convictions to date. Now, in the most recent proceedings, a top Massey official has implicated former CEO Don Blakenship.

According to a news report by Ken Ward Jr in the Charleston Gazette:

Former Massey official David C. Hughart pleaded guilty to two federal criminal charges that he plotted with other company officials to routinely violate safety standards and then cover up the resulting workplace hazards.

But a fairly routine plea hearing here took a surprising twist when U.S. District Judge Irene Berger pressed Hughart to name his co-conspirators and Hughart responded, “the chief executive officer.”

Hughart did not use Blankenship’s name, but Blankenship was CEO of Massey from 2000 until 2010, during the period when the crimes Hughart admitted to committing occurred.

On his Coal Tattoo blog, Ward looks at media coverage this news generated and how it was reported. He talks about what’s next in the Upper Big Branch criminal probe. The prosecution has stated that “This is not the end of the investigation.”

You can follow Don Blankenship’s doings on his fairly new website, where he is self billed as “Native of Appalachia, Job Creator, CEO, and American competitionist.” He posts his thoughts about mine safety, among other things, in an essay page. In his page of media coverage, Ken Ward’s clips and the UBB mining investigations are unsurprisingly absent.
You can also follow his opinions and comments on Twitter at @DonBlankenship. Ironically, his most recent post accuses President Obama of lying, with a link to an essay which claims that Obama lied about climate change in his State of the Union address.

We’re coming up on the third anniversary of this terrible Massey mine tragedy. The investigation and criminal probe of company officials continues, but it’s important to look beyond that to ensure future safety. Ken Ward takes the MHSA to task for waiting 32 years to enforce the landmark mine safety act of 1977.

We point you to the Miners Memorial Page at the tribute site, Faces of the Mine. Scrolling through a page of 29 portraits brings home the enormity of this tragedy in a visceral way.

Risk, mining industry growth, drug repackaging, E&O, SIGS & more news of note

Monday, June 4th, 2012

Risk roundup – Nina Kallen posts the latest Cavalcade of Risk at Insurance Coverage Law in Massachusetts – check it out.
Mining – Joe Paduda talks about the growth of the mining industry, noting that it is up almost 60% over the last ten years, with an increase of 12% since the beginning of 2011 – a growth rate that looks like it will surpass the BLS ten-year projection of 24%. Joe notes that regulators, work comp executives and providers should be on alert since this growth will have a dramatic impact on selected states, citing North Dakota as one example.
Disparity in healthcare costs – Dave DePaolo has an interesting post on the wide disparity in cost for cash paying patients vs insurance. He points to a recent LA Times article that cited numerous real world examples (routine blood work was charged $782 by the hospital, $415 by the insurer, and $95 if paid in cash.) DePaolo asks: “What would fee schedules look like if those in charge of these pricing decisions shared with payers and regulators all of the data that identified each friction point in insurance based reimbursement schedules versus getting paid cash?”
Florida drug repackaging – Do the people who write the biggest checks to politicians determine the cost of workers comp in Florida? That’s a question many keep raising, and it appears so. In the article drug-bill battle is lucrative for lobbyists, legislators, Aaron Deslatte of The Orlando Sentinel talks about how Broward County’s Automated Health Care Solutions has invested nearly $6 million into lobbying to protect the practice of drug repackaging by physicians. Why should this issue be of concern to Florida employers and insurers? Joe Paduda offers a primer on repackaged drugs and the effect on work comp costs.
E&O and workers compWorkers’ compensation is the leading cause of agent in E&O claims, accounting for approximately 10% of all claims annually, according to Curt Pearsall. He notes the majority of claims involve the following issues: Questions involving coverage for sole proprietors, partnerships or single-member LLCs; Dealing with a broker to place coverage for that “tough” risk; Dealing with the state workers’ comp market to place coverage; Ensuring employees in all states are covered; Placing clients in a trust/alternative program; and U.S. Longshoreman and Harbor coverage.
On reforming SIGS – At LexisNexis Workers’ Compensation Law, John Stahl offers a summary and some of the salient points of the International Association of Industrial Accident Boards and Commissions’ (IAIABC) recent report on self-insurance groups (SIGs): Regulatory Challenges Regarding Self-Insured Groups: Failures Prompt New Regulation. He notes that employers liked the low cost of joining an SIG but did not realize the potential liabilities associated with that choice, and that many employers made the false assumption that they were protected by state regulation. The full IAIABC report is available for $45: Self-Insured Groups for Workers’ Compensation: Effective Regulatory Strategies.
CA protects hair care workers – Jon Gelman posts about a groundbreaking settlement in California that protects hair care salon workers. The settlement was between California’s Attorney General and manufacturers of Brazilian Blowout hair smoothing products that contain a cancer-causing chemical. In addition to paying fees and penalties and implementing safeguards for workers, hair care facilities must warn the public about the cancer-causing potential of the chemicals used in the procedure and must cease deceptive advertising.
Poultry workers push back – Citing concerns over worker and public health, poultry workers, safety advocates, and groups ranging from the Southern Poverty Law Center and the National Council of LaRaza, to the American Public Health Association and Nebraska Appleseed all united in opposition to USDA’s proposed ‘modernization” plan that would shift work from inspectors to workers. At The Pump Handle, Celeste Monforton talks about this issue: Public health officials urge USDA to withdraw plan to ‘modernize’ poultry inspection, worker and food safety will suffer.
A Request for Help Bob Wilson calls all UR hands on deck for participation in Health Strategy Associates’ survey. Learn more here: Your Opinion Needed on Critical Utilization Management Survey.
Migration from Mexico – Peter Rousmaniere posts about a recent Pew Hispanic Center Report on Mexican migration, which states that, “The largest wave of immigration in history from a single country to the United States has come to a standstill. After four decades that brought 12 million current immigrants–more than half of whom came illegally–the net migration flow from Mexico to the United States has stopped–and may have reversed.”
Some of the factors cited as contributing to this change include the weakened U.S. job and housing construction markets, heightened border enforcement, a rise in deportations, the growing dangers associated with illegal border crossings, the long-term decline in Mexico’s birth rates and changing economic conditions in Mexico.
it would be funny if it weren’t so true – Cartoonist Jen Sorenson issues An Open Letter To The Supreme Court About Health Insurance.
Death on the Job The Weekly Toll.
More noteworthy news

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Check out the fresh Health Wonk Review at Joe’s place

Thursday, March 1st, 2012

Our colleague Joe Paduda has posted the latest and greatest edition of Health Wonk Review at Managed Care Matters, and it’s a good one. If you haven’t checked it out lately, you should – there are some really high quality participants and regulars – including a few newcomers like Wing of Zock, a blog with a name that makes us feel like our blog name is pretty pedestrian.
Joe featured a link to our post about the criminal probe related to the Upper Big Branch Mine Disaster and he added an editorial update via link to a new story posted today: UBB disaster: Ex-mine security chief gets 3 years in prison.
You can see more on this conviction and the judge’s reasoning about sentencing over at our go-to blog on all mining-related matters – Ken Ward’s Coal Tattoo.

More charges in Upper Big Branch Mine disaster criminal probe

Wednesday, February 22nd, 2012

There’s breaking news in the ongoing criminal investigation into the Upper Big Branch Mine disaster that killed 29 miners in 2010. The Charleston Gazette’s Ken Ward Jr. reports that a mining manager has been charged with conspiracy. supervisor Gary May is charged with plotting “with others known and unknown” to provide advance warning of inspections, concealing violations, falsifying records, and taking steps to conceal actual work conditions. He is also charged with disabling a methane monitoring system a few months before the explosions.

May is the third person to be charged in the ongoing criminal investigation and is said to be cooperating with investigators. Ward reports that, “Next week, former Massey Energy security director Hughie Elbert Stover faces up to 25 years in prison when he is sentenced by U.S. District Judge Irene Berger after being convicted of lying to investigators and trying to destroy evidence about Massey’s practice of warning underground workers of impending government inspections.”

At his Coal Tattoo blog, Ward offers more context about May and the charges against him. Ward, other industry observers, and other media indicate that the way the charges are structured would seem to indicate that the investigators are looking to upper levels of the organization. It would seem that there are more shoes to drop in this sad saga.
For ongoing coverage of Massey’s UBB mine disaster, see Coal Tattoo / Upper Big Branch Disaster and the Upper Big Branch Mine Disaster archives at The Charleston Gazette.

Health Wonkery, Networks, TBI, Pole Dancers & other news of notes

Thursday, December 8th, 2011

After a Thanksgiving hiatus, Health Wonk Review is back with your biweekly view of what the healthcare policy wonk’s have been blogging about. Brad Wright hosts Health Wonk Review: Holiday Shopping Guide at Wright on Health.
Workers Comp Networks – At Managed Care Matters, Joe Paduda has been front and center covering the matter of Aetna’s exit from workers comp and his post today, Aetna part 2. Also related, his post about Where work comp networks are headed.
UBB Report followup – In followup to yesterday’s post, here is a link to the MSHA Upper Big Branch Investigation Report – it’s a detailed account, including transcripts of interviews.
Bloodborne Pathogens – According to the CDC, about 385,000 sharps-related injuries occur annually among health care workers in hospitals, and the average risk of bloodborne infection following one of these injuries is approximately 1.8%. The NIOSH Science Blog posts about needlestick punctures and bloodborne pathogens, highlighting the film Puncture which is about the personal injury case of Vinessa Shaw, a nurse who contracts AIDS after an accidental stick. The post calls attention to the NIOSH injury prevention initiative, The Stop Sticks Campaign. which is aimed at clinical and nonclinical health care workers and health care administrators in hospitals, doctor’s offices, nursing homes, and home health care agencies.
Pole Dancing: – A Georgia Court recently ruled that Pole Dancers are not independent contractors. “The Judge found the club exercised control over the dancers because the amounts charged by the dancers for certain types of dances were set by the club. The club also established what amounts had to be paid by the dancers to the DJ and to other employees of the club each day at the conclusion of their shift. The club could also fine or fire the dancer for not coming to work or being late. The Judge also noted that every other FLSA case brought by exotic dancers from Alaska to Florida had concluded they were ’employees’, and not ‘independent contractors’.” Note: This is not the first pole dancing issue we’ve covered. My colleague posted about another claim with a pole dancing angle last May. This should lead to some interesting search results in our logs – not to mention some disappointed searchers.
Brain Trauma – the New York Times has a 3-part series on 28-year old professional hockey player Derek Boogard’s death due to repeated head trauma, chronic pain and a deadly drug addiction. Read part 1 A Boy learns to Brawl, Part 2 Blood on the Ice and Part 3 A Brain ‘Going Bad’. There is also a related video: An Enforcer’s Story. For a good resource on preventing, treating and living with traumatic brain injury, we point you to Brainline.org.
Related – In doing our rounds, we note that Dave DePaolo has an excellent post on Professional Sports and the Relevancy of Comp.
In the I-guess-it-doesn’t-go-without-saying department – Slightly off track here, but Bob Wilson has a rather unusual warning that we are passing along as a public service: Beware the Door to Door Breast Examiner.
News Briefs

  • Workplace Health Missing From Public Health Rankings
  • NICB Reports 7% Uptick in Q3 Suspicious Claims – workers comp was up 12%
  • Early Impact of the 2007 Reforms in New York – from WCRI
  • Preventing Worker Deaths and Injuries from Contacting Overhead Power Lines with Metal Ladders – home holiday decorators also take note!
  • 10 eye injury pitfalls to watch for at work
  • Irregular Night-Shift Work Associated With Higher Diabetes Risk
  • Limit Your Employer Liability for Holiday Parties
  • MSHA: Upper Big Branch Miner Deaths Were “Entirely Preventable”

    Wednesday, December 7th, 2011

    Every time Massey sent miners into the UBB Mine, Massey put those miners’ lives at risk” – Joe Main, assistant labor secretary for mine safety and health and chief of MSHA

    A scathing report issued by the U.S. Mine Safety and Health Administration yesterday put the blame for the coal mining disaster that claimed 29 lives on “a workplace culture that valued production over safety.” The report characterized the coal mining disaster as “entirely preventable”, one that could have been avoided if long-standing and well-known safety standards had been followed. The report documents flagrant safety violations, routine coverups of violations, and intimidation of workers to keep them from reporting safety hazards and violations.
    Ken Ward, who has covered the Upper Big Branch Mine Disaster with painstaking detail in The Charleston Gazette, reports:

    “Outlining flagrant safety violations and a practice of trying to cover up major hazards, the U.S. Mine Safety and Health Administration officials cited mine operator Performance Coal Co. with 369 violations — including 12 that directly contributed to the disaster — and levied more than $10.8 million in fines.

    Both the fines and the settlement are by far the largest ever in a case over worker safety in the mining industry.”

    In addition, federal prosecutors announced a $200 million settlement with Alpha Natural Resources, the firm that bought Massey Energy. The settlement calls for $80 million to be directed to enhanced safety at all the company’s underground mines, as well as a dedicated training center and a $48 million trust to fund mine safety research at academic institutions. The settlement also includes $46.5 million in restitution for the families of the disaster victims.
    Ward states:

    Key to the deal, though, is that — unlike a previous deal with Massey following the Aracoma Mine fire — the Justice Department is not agreeing to never bring charges against any individual executives, officers or employees of Massey or Performance. Goodwin said resolution of issues with Alpha allows prosecutors to focus their resources on potential cases against such individuals.

    In addition to his newspaper reports, Ward covers related events at his Coal Tattoo blog. Of particular note is a post in which he talks more about the settlement and how U.S. Attorney’s criminal probe will continue. He quotes one US attorney as saying, “If anything, certain aspects of our investigation are going into high gear.”

    All eyes will be on Alpha going forward. Their buyout occurred last June despite intense opposition, questions about events, and allegations of secret deals revolving around the $8.5 billion sale. Shortly after this deal, Alpha joined industry opposition to tougher safety rules.

    The report was issued on the 104th anniversary of the worst mining disaster in U.S. history – the coal mining explosions at Monongah W.V. that claimed 362 lives. While mining safety has improved in the decades since, yesterday’s report demonstrates there are many more improvements that could and must occur to protect workers.

    Related prior posts

    Massey Energy: The Don of an Era

    Thursday, May 19th, 2011

    Last year 29 coal miners died in an explosion at Massey Energy’s Upper Big Branch Mine in West Virginia. Don Blankenship, Massey CEO, blamed the explosion on federal interference and a gigantic methane bubble that percolated up from below the mine shafts. The bubble has burst, but not in the way Blankenship would have you believe.
    An independent team appointed by the former West Virginia governor, Joe Manchin, and led by the former federal mine safety chief Davitt McAteer, has issued its findings, which are both unambiguous and scathing. There was no methane bubble. There was, instead, a pattern of negligence by management that led directly to the deaths of the miners.
    As summarized in the New York Times, the report is a searing indictment of Massey’s management style:

    “The story of Upper Big Branch is a cautionary tale of hubris,” the report concluded. “A company that was a towering presence in the Appalachian coalfields operated its mines in a profoundly reckless manner, and 29 coal miners paid with their lives for the corporate risk-taking.”

    The report goes on to say that a “perfect storm” was brewing inside the mine, combining poor ventilation, equipment whose safety mechanisms were not functioning and coal dust, which, contrary to industry rules, had been allowed to accumulate, “behaving like a line of gunpowder carrying the blast forward in multiple directions.”

    Given the uncompromising language of the report, Massey management may not enjoy the “exclusive remedy” protections of the workers comp statute. They are now vulnerable to charges of criminal negligence. I suspect that attorneys for the widows and children of the miners will look rather closely at the assets of Massey’s (now former) CEO.
    Farewell, My Ugly
    Don Blankenship resigned from his CEO post in December of last year. Don’t bother putting up a collection to buy this ethically-challenged titan of business a gold watch. In 2009 he earned $17.8 million, which does not include deferred compensation of an additional $27.2 million. There is no question that Blankenship’s leadership created profits for the company. Unfortunately, these profits came at the expense of the environment and of the men who extracted the coal from the West Virginia mountains.
    The anecdote that tells you a lot about Blankenship involves his personal water supply. When Massey Energy activity poisoned the water reaching his own home, Blankenship ran a private pipeline to the next town, where clean water was readily available. His neighbors, lacking Blankenship’s resources, have to make do with the local, polluted water.
    It will be interesting to see what happens next. In a just world, Blankenship would be held accountable for his actions as Massey’s CEO. But we do not live in a world where justice prevails very often. Blankenship will likely continue to enjoy his retirement years, drinking clean mountain waters, railing about government interference, buying a few politicians and generally living the good life. We can only hope that each and every night his dreams are haunted by visions of the 29 miners and their struggling families. That would be one form of justice indeed.

    Holiday Health Wonkery and other news briefs

    Friday, December 10th, 2010

    Brad Wright has an excellent holiday edition of Health Wonk Review posted at his blog, Wright on Health – check it out! It’s the last issue until 2011 so fill up on your health wonkery now!
    And in other news briefs….
    Nix on the Mine Safety Bill – Ken Ward of Coal Tattoo reports that an attempt to resurrect a major mine safety reform bill was defeated in the House of Representatives, but that the House did approve more funding for mine safety.
    The Most Influential People in Workers Comp for 2010 – as designated by Workers’ Comp Executive – hat tip to Roberto at Comp Time for the pointer.
    Healthcare reform and workers comp – Joe Paduda or Managed Care Matters offers his analysis of the SwissRe analysis of health reform and workers comp.
    Health Care and the UninsuredHealthLawProfBlog offers helpful links to important parts of the updated Kaiser Family Foundation’s Commission on Medicaid and the Uninsured.
    The Bunkhouse Rule – Do you know what this is? If not, Judge Tom offers a good example.
    Overview of Wal-Mart Stores Inc. v. Dukes – atty. Gerald Maatman presents a backgrounder and overview of the class action gender discrimination suit against Wal-Mart which is being heard by the Supreme Court.
    Eight tips for meeting with a potentially violent employee – tips from attorney Robert Bettac’s recent presentation at BLR’s National Employment Law Update are posted at HR Daily Advisor.
    Worried about scanner-related radiation? – Check out this line of radiation shielding and privacy undergarments. Not sure if they work, but they are a hoot.
    A few new-found resources

    • Actuary Info Blog – we’ve linked to this smart blog before – it bills itself as a “brain teaser Blog with non-conventional, witty, remarkable and serendipitous financial and actuarial related news.” There are some fun and thoughtful entries.
    • The OSHA Updater – a safety blog by Chad Marshman of the EasySafetySchool.com
    • DocuBase – a hand-picked selection of resources, reports and publications from government agencies, NGOs, think thanks and other public interest organizations
    • Safe Lifting Portal focuses on patient safety and caregiver injury prevention, sponsored by Liko, a designer and manufacturer of lifts, slings and patient transfer accessories.
    • Crowd Management Safety Guidelines for Retailers – an OSHA Fact Sheet