The U.S. Department of Labor filed a lawsuit to close a Kentucky coal mine owned by Massey Energy Co., citing a pattern of hazards that officials said could result in injuries or deaths.
The lawsuit seeks to close Massey subsidiary Freedom Energy Mining Co.’s mine No. 1 in Pike County until it is deemed safe to reopen. The action by the Labor Department’s Mine Safety and Health Administration is its first use of an injunction to close a mine, the agency said.
Massey is owner of the Upper Big Branch mine in West Virginia where 29 miners were killed in an April 5 explosion that marked the worst American mining disaster in 40 years. Massey had a troubled safety record before that explosion, which is currently the subject of both civil and criminal investigations.
According to mine safety officials, Freedom Energy, the Massey unit, has not done enough to ensure proper coal dust levels, roof protection, ventilation and equipment maintenance at the Kentucky mine.
Between 2008 and 2010, federal inspectors issued 1,952 citations and 81 orders to Freedom Energy.
“If the court does not step in, somebody may be seriously injured or die,” Joseph A. Main, assistant secretary of labor for mine safety and health, said in a statement.
Massey spokesman Jeff Gillenwater told Bloomberg that the company is looking into the lawsuit:
“Regardless of what the complaint says, we are committed to running Freedom Energy and all our operations safely and will take whatever steps are necessary to ensure the safety of our miners,” Gillenwater said. “We idled all underground operations last Friday to conduct additional safety training and to identify and correct hazards.”
Meanwhile, West Virginia’s mine safety chief has resigned as the state continued it probe of the Upper Big Branch mine disaster.
Ron Wooten, who had held his position since 2006, resigned Wednesday. No reason was given for the departure. Agency Deputy Director C.A. Phillips will take on the role of acting director, Gov. Joe Manchin said.
Phillips has been involved in other investigations, including the 2006 International Coal Group’s Sago Mine explosion that killed 12 miners.
“This marks a new day for West Virginia’s miners, as there will now be someone in that office who understands what it means to pack a lunch bucket and go to work in a coal mine every day,” United Mine Workers of America President Cecil Roberts said in a statement.
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