MSHA acting administrator David Dye said the goal of a mine accident investigation is to determine the cause of the accident and whether the mine operator was complying with the law.
“This is the first time MSHA has been faced with a broad refusal by a mine operator to provide relevant documents in an investigation and, subsequently, the first time that this kind of civil action against a mine operator has been necessary,” Dye said.
MSHA says it has repeatedly requested from Massey a number of documents and items which it believes will shed light on the cause of the mine fire that occurred January 19, 2006.
According to MSHA, Massey's responses have been slow and, in some instances, non-existent. In a letter sent by MSHA to Massey's attorneys on May 26, a deadline of June 9 was set for Massey to supply previously requested documents and physical evidence.
“Since Massey either refused to provide or simply failed to provide several of the previously requested documents and physical evidence by that date, MSHA filed this injunction against the mine company to compel disclosure,” Dye said.
But Aracoma says it has provided over 13,000 pages of documentation to MSHA during the six-month long investigation and the additional documentation requested is outside the scope of MSHA's authority under the Federal Mine Safety and Health Act of 1977.
Aracoma also denies allegations that it has interfered with MSHA's investigation.
Massey says it has cooperated with MSHA and in return, has requested feedback on MSHA's findings in order to utilise these findings to further improve miner safety, which MSHA has declined to provide.
Aracoma says it is committed to the completion of an investigation that will improve miner safety.
“The company welcomes the opportunity to address these issues and believes the resulting discussion will improve the effectiveness of the investigation process in improving miner safety.”
Massey Energy, headquartered in Richmond, Virginia, with operations in West Virginia, Kentucky and Virginia, is the fourth largest coal producer by revenue in the United States.
