Widespread and continuing safety violations at a coal mine in Pike County operated by Massey Energy subsidiary, Sidney Coal Company, have given rise to an unprecedented federal lawsuit to idle the mine and remediate the safety violations. The lawsuit was regards Freedom Energy mine #1 and was filed Wednesday in federal district court in Pikeville.
Submitted with the filing of the lawsuit was an affidavit from James Poynter, the assistant district manager for the federal Mine Safety and Health Administration (MSHA). It recited, among other things, the following:
- 1,952 citations and orders for violations of mandatory safety or health standards were issued following inspections conducted between July 1, 2008 and September 30, 2010;
- at least 643 of the citations were issued for violation six critical health and safety standards involving improper ventilation, roof support, combustible materials, and electrical equipment examination and maintenance;
- "MSHA District 6 enforcement personnel regularly find that [the mine] management fails to conduct adequate workplace examination fails to maintain the roof, ventilation, methane control, electrical installations and equipment, and emergency information and services."
- "The sum total of the risk involved, based on the conditions cited by inspectors, established that the mine has a high risk level for a fatal accident involving a roof fall, mine fire, or explosion on any given day."
- "MSHA cannot depend on the operator to report honestly the conditions at this mine either in the required examination records or on required accident reports."
The lawsuit is case number 10-CV-132 in U.S. District Court in Pikeville. Here is the complaint in Solis v. Freedom Energy Mining Company; here is the MSHA Asst. Director Affidavit.
Robert L. Abell
www.RobertAbellLaw.com
