Corporate Law

Upper Big Branch had continual problems with high-level water in site; it leaded safety risk of workers. The management of Upper Big Branch never took any precaution while sending men – particularly very young, inexperienced workers – into chest-deep water appeared. Management did not view this as a hazard, but as just another job that had to be performed. The management was never look-after that even there was potential hazard for a miner breaking an ankle or incurring some other type of major injury because he/she was unable to see the unstable floor surface under the water.

F. Lack of proper examinations:

PCC and Massey did not ensure that adequate pre-shift, on shift and weekly examinations were being performed. They did not identify hazards, air courses, energize gas detectors for extended periods of time, and take air quality measurements and recorded false measurements. They fail to regular examination in tailgate entry near long wall face and on-shifts reparable dust checks and methane tests not being performed as required.

G. Lack of equipments maintenance:

PCC and Massey did not take any hazardous conditions as seriously because working trend shows that numerous hazards recorded but not corrected or fixed on time. In addition, they were using faulty equipments and broken water sprayer system.

• Faulty Equipment and Structure: During the investigation MSHA found that a poorly maintained top of the line shearer to broken rock dusters and damaged and defective airlock doors. MSHA testing of the shearer found water sprays missing or clogged. Additionally, MSHA found worn bits on the machine, which exposed steel shafts that increased the danger of sparking when the bits hit rock. The water lines on the long wall were inadequate to supply water to the shearer needed to suppress fire, as revealed by MSHA testing on Dec. 20, 2010. In addition, MSHA found that the vehicles that transport workers were in terrible condition.

• Broken water...