Massey Energy Subsidiary to Pay $4.2 Million For Mine Safety Violations


Largest Settlement in Coal Industry History


CHARLESTON, W.Va., Dec. 23 /PRNewswire-USNewswire/ -- Aracoma Coal Company, a subsidiary of Massey Energy, a mining company with extensive operations in West Virginia and other states, has agreed to pay $4.2 million in criminal fines and civil penalties following a long-term investigation conducted by the Mine Safety and Health Administration (MSHA) and the Federal Bureau of Investigation. Charles T. Miller, U.S. Attorney for the Southern District of West Virginia, and Richard E. Stickler, Acting Assistant Secretary of Labor for Mine Safety and Health jointly announced the filing of a 10-count information charging Aracoma with nine counts of willful violation of mandatory safety standards, one count resulting in the death of two miners, and with one count of making a false statement. Aracoma agreed to plead guilty to the charges and pay a $2.5 million fine. The company also agreed to pay a $1.7 million civil settlement for citations issued to Aracoma for violations of the Federal Mine Safety and Health Act. The global settlement is the largest financial settlement in the coal industry's history. Copies of the information, plea agreement and civil settlement agreement are attached.


"Coal is an important part of our nation's history and future," stated U.S. Attorney Miller. "I want miners, who often work in potentially dangerous work environments, to be assured that my office, MSHA, and other federal regulators are committed to vigorously enforcing federal laws that protect the safety of miners in West Virginia. We honor the memories of those miners who have paid the ultimate price and we hope their loved ones find reassurance in our continued commitment to prosecute those who willfully violate safety standards."


As part of the plea agreement, Aracoma Coal Company admitted that its employees removed two permanent ventilation controls in Oct. and Nov. of 2005 to allow the installation of a piece of electrical equipment and to improve ventilation in an area containing electrical equipment that had been overheating. The company further admitted that they failed to replace the ventilation controls -- also called stoppings -- and failed to provide additional ventilation controls leading to a primary escapeway in the underground mine. 


On Jan. 19, 2006, a fire broke out in the area where the ventilation controls had been removed. Because of Aracoma's failure to replace the ventilation controls and other safety failures, the ability of 12 miners to escape the fire was significantly impaired due to heavy smoke in the primary escapeway from the fire. Visibility was reduced to zero, even with headlamps. After unsuccessfully trying to leave the mine through the primary escapeway, 10 of the 12 miners managed to find their way through the dark to the alternate escapeway. Tragically, two miners were unable to escape and died from suffocation.


"I am pleased to see a resolution of the criminal and civil cases prompted by the fire at Aracoma Mine nearly three years ago," said Acting Assistant Secretary Stickler. "It reflects the seriousness of the misconduct committed by the mine operator that resulted in two lives lost, and serves both the ends of justice and of mine safety. This outcome should be a reminder to all mine operators of their legal duty to provide their workers with safe and healthful working environments."


A plea hearing date has not yet been scheduled.


SOURCE U.S. Department of Justice



Contact: Tracy Dorsey Chapman of U.S. Department of Justice, +1-800-659-8726