Judge Rejects Shutdown of Massey Mine

Despite finding over a dozen serious safety violations at Massey Energy’s Tiller No. 1 Mine, an administrative judge yesterday ruled against the Labor Department’s attempt to stop production at the mine.

For weeks, the Mine and Safety Health Administration had built up a case against Tiller No. 1, trying to make it the first mine in the country to face the toughest sanctions available to regulators. A “pattern of violations” status would have empowered inspectors to halt production until safety problems had been solved.

Although a commission judge upheld 19 of the 29 safety violations, MSHA regulations state that 25 violations are needed before a “pattern” is established.

“The result makes clear the need to reform the broken pattern of violations system,” MSHA assistant secretary Joseph A. Main said in a news release.

A Washington Post story last week highlighted how narrow regulations make it difficult for regulators to go after even the most dangerous mines.

The Labor Department’s launched its case against Tiller No. 1 in the wake of the April explosion that killed 29 in Massey’s Big Branch Mine. Massey is currently under federal investigation for the incident.

Related Links: Inspectors Venture Into West Virginia Mine
Families Say Workers Massey Encouraged Workers to Hide Safety Violations
Massey and Regulators Spar Over Mine Safety

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