Posts Tagged ‘violations’

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

Study reveals widespread labor law violations for low-wage workers

Tuesday, September 8th, 2009

According to the Department of Labor’s site on the history of Labor Day, the holiday is a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country. But for low wage workers, there isn’t much to celebrate this holiday. A 2008 study of 4,387 workers in low wage jobs in Chicago, Los Angeles and New York – Broken Laws, Unprotected Workers (pdf) – revealed widespread violations of basic wage and labor laws. These violations affected all worker, regardless of legal status, race, or gender. The study found numerous violations of minimum wage and overtime laws; workers who log hours without being paid for their time; workers who are denied earned breaks and meal time; charges illegally deducted from worker pay; retaliation by employers for complaints; and denial of workers’ compensation benefits, including encouraging employees to commit fraud.
Nearly two-thirds of all workers surveyed had experienced a wage violation in the week prior to being interviewed. About one in four had been paid less than the minimum wage the week before being surveyed; about one in seven had worked off the clock; about three in four who had worked overtime were not paid the proper amount.
Stating that the workers’ comp system is not functioning in the low-wage labor market, the report’s executive summary noted the following:

    Of the workers in our sample who experienced a serious injury on the job, only 8 percent filed a workers’ compensation claim.
  • When workers told their employer about the injury, 50 percent experienced an illegal employer reaction — including firing the worker, calling immigration authorities, or instructing the worker not to file for workers’ compensation.
  • About half of workers injured on the job had to pay their bills out-of-pocket (33 percent) or use their health insurance to cover the expenses (22 percent). Workers’ compensation insurance paid medical expenses for only 6 percent of the injured workers in our sample.

The economic toll
Study authors call these violations wage theft and paint a grim picture of the economic toll that these violations impose on the workers and on the communities at large. The average worker lost $51 from an average weekly earnings of $339, or about 15%. Assuming a full-time, full-year work schedule, we estimate that these workers lost an average of $2,634 annually due to workplace violations, out of total earnings of $17,616.
Survey authors estimated that approximately 1,114,074 workers in the three cities combined experience least one pay-based violation per week. Extrapolating from this figure, front-line workers in low-wage industries in Chicago, Los Angeles and New York City lose more than $56.4 million per week as a result of employment and labor law violations.

When impacted workers and their families struggle in poverty and constant economic insecurity, the strength and resiliency of local communities suffer. When unscrupulous employers violate the law, responsible employers are forced into unfair competition, setting off a race to the bottom that threatens to bring down standards throughout the labor market. And when significant numbers of workers are underpaid, tax revenues are lost.

The report recommends three principles that should drive the development of a new policy agenda to protect the rights of workers:

  • Strengthen government enforcement of employment and labor laws
  • Update legal standards for the 21st century labor market
  • Establish equal status for immigrants in the workplace