JULIAN, W.Va., July 16 /PRNewswire-FirstCall/ -- Massey Energy
Company (NYSE: MEE) today noted that two former, high-ranking
federal mining regulators, David
Lauriski, former Assistant Secretary of Labor for the U.S.
Mine Safety and Health Administration (MSHA), and Michael Lawless, former Deputy Administrator of
MSHA, agree that MSHA has exceeded its legal authority by barring
the Company from photographing and conducting other tests at its
Upper Big Branch (UBB) mine to help determine the cause of an
April 5, 2010 accident.
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Massey Energy wants to take its own photographs, conduct
electronic mapping and take coal dust samples as part of the
investigation. The two former regulators have signed declarations
supporting Massey Energy in its legal action against MSHA. The
legal challenge asks the Federal Mine Safety and Health Review
Commission to overturn MSHA's order against Massey.
Mr. Lauriski said the prohibitions imposed by MSHA "are
extraordinary and problematic," have nothing to do with miner
health or safety and that in fact they exceed MSHA's authority
under federal law. Also, he said, MSHA has never before imposed
such restrictions on a mine operator during an accident
investigation.
Massey, he said, has the right "to take photographs during such
inspections and investigations [of a mine after an accident], to
map a mine or an area of a mine to take dust samples and observe
and/or participate in evidence testing without impeding or
interfering with MSHA's inspection or investigation."
Mr. Lauriski added that, in his professional opinion, allowing
Massey to take pictures, to map, and to sample coal dust would not
interfere with the federal investigation — and, he noted, Massey
has offered to share all of any information it gathers with
federal investigators.
Mr. Lawless, who worked at MSHA as a regulator for more than 30
years, agreed that MSHA's prohibitions on Massey "cannot be
justified by safety concerns or the current condition of the
Mine."
"To my knowledge," Mr. Lawless said in his declaration, "MSHA
has never imposed such wide-ranging restrictions on any mine
operator during an accident investigation." In fact, he said, MSHA
accident investigation reports often incorporate pictures and
electronic maps produced by the mine operator.
In previous MSHA accident investigations, Mr. Lawless said, mine
operators also were allowed to take their own coal dust
samples.
Shane Harvey, Vice President and
General Counsel for Massey, said the willingness of two former MSHA
regulators to support Massey's complaint shows just how unusual are
the limits imposed on the Company by MSHA.
"For an accident as serious as UBB, the more information that
can be gathered during the investigation, the better," Mr. Harvey
said. "Yet, MSHA is doing what it can to limit our ability to look
into an accident at one of our own mines. This isn't right. And it
doesn't look good for MSHA, given that its own conduct is under
investigation."
The legal filing seeking relief can be found on the Massey UBB
website at www.masseyubb.com.
Massey Energy Company, headquartered in Richmond, Virginia, with operations in
West Virginia, Kentucky and Virginia, is the largest coal producer in
Central Appalachia and is included
in the S&P 500 Index
SOURCE Massey Energy Company