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CBSNews /

CBS/ April 6, 2010, 10:29 PM

Mines not Paying Fines a Familiar Story

Rajat Gupta arrives at court in New York, Tuesday, June 12, 2012. Gupta is pleading not guilty to charges he passed secrets he learned from Goldman's board in fall 2008 to a billionaire hedge fund founder who used the information to make millions of dollars. (AP Photo/Seth Wenig)

Rajat Gupta arrives at court in New York, Tuesday, June 12, 2012. Gupta is pleading not guilty to charges he passed secrets he learned from Goldman's board in fall 2008 to a billionaire hedge fund founder who used the information to make millions of dollars. (AP Photo/Seth Wenig) / Seth Wenig

When the death toll is finally tallied at the mine in Montcoal, W.Va. and the victims family members have grieved, questions will inevitably turn to finding responsibility for the fatalities.

In the case of the Upper Big Branch mine 30 miles south of Charleston, the company which owns it, Massey Energy, has quickly come under scrutiny for a checkered history of violations stemming from not properly ventilating the methane in the mine.

Back in 2007, "60 Minutes" correspondent Bob Simon reported from Harlan County, Ky., where the previous year six miners died in separate incidents. What Simon found was a string of negligence and unpaid fines, similar to the situation with Massey Energy today.

One federal mining safety official told "60 Minutes" that mines continue to operate despite not paying their fines.

Asked how operators get away with not paying their fines, the official told Simon, "Well, there are a few that do. My understanding, from what I've seen about, 15 percent of the debt goes uncollected."

But, as "60 Minutes" found out, the figure is much higher at many mines with fatal accidents. Almost 75 percent of the fines originally imposed on those mines have not been paid. The mines get courts to reduce the fines, and sometimes they just don't pay. Relatively few mines are prosecuted when they don't pay their fines.

60 Minutes: The Widows of Harlan County

As for Massey Energy, it has been previously cited for safety violations and was behind in paying penalties to the Mine Safety and Health Administration (MSHA), reports CBS News investigative producer Laura Strickler.

Mining Company Previously Fined for Safety

The mine is operated by Massey subsidiary Performance Coal Co.

Among the violations according to MSHA:

- Roof Falls, which are cracking and collapsing of the mine sidewalls happened on Nov. 24, 2009, Dec.5, 2009 and Feb. 21, 2010 at Upper Big Branch mine.

- The mine violated the standard for ventilation as recently as March 30, and was also cited twice on March 23 and on March 17.

- There were violations for drill dust on March 25 and for air quality on March 23.

According to the MSHA, in 2010, the mine was fined $188,769 and has paid $2,676 to date.

More on the Montcoal Tragedy at CBSNews.com:

Coal Mine Blast Leaves 25 Dead, 4 Missing
W. Va. Coal Mine Blast: The Victims
List of Recent Mining Tragedies in U.S.
Photos: W. Va. Mine Explosion
Gov.: "No Excuse" for Mine Safety Flaws
Eerie Statement from Miner Killed in Blast

Watch "60 Minutes'" 2007 Report: The Widows of Harlan County:


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9 Comments Add a Comment
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hateisafourletterword says:
The mines need to be made safe. Money cannot replace these people. The mine inspectors need to do their job and make the mines safe or close them down until they are safe.
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lenny57321 replies:
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That is the exact same thing that I said. If they (MSHA Inspectors) find any Violations, no matter how small, then SHUT THEM DOWM until the Violations are fixed and the mine is A SAFE PLACE TO WORK.
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sjc_1 says:
Massey has $200 billion in coal reserves, how about a $100 million fine for each life lost to go to the families. Make it go to the bottom line and maybe they will keep their mines safe.
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hateisafourletterword replies:
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Just make them safe and stop with the anti-business rant please. You sound like money is more important than the lives lost.
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lenny57321 says:
While the Mine is partly at fault the "Federal Government is EQUALLY Responsible" for this and all other Mine Disasters.

MSHA has the Authority to go in and Inspect this and all other Mines whenever they want to, and during these Inspections they (MSHA) has the "Authority and POWER" to "SHUT a MINE DOWN" if it is found to be "operating in an UNSAFE MANNER". SOOOOOOOOOOO, WHY DON"T THEY (MSHA) DO IT (SHUT THE MINE DOWNS) when they are found to be operating in an UNSAFE MANNER ?

If the Mines got shut down enough for Safty Violations then I think that they would get the idea and "FIX THE PROBLEMS".

And the Holes being drilled to vent Gasses and possibly send down food and water to trapped Miners ? WHY are they not already their ? These holes should be put in all Mines "BEFORE THEY BEGIN ANY OPERATIONS".

MSHA could "SHUT THEM DOWN" and make these things happen anytime they want to, "SOOOOOOOOO WHY ARE THEY NOT DOING IT" ??????????????
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thomasmc1957 says:
Have they arrested the mine owner yet?
Why not???
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lenny57321 replies:
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Have they ARRESTED the MSHA Inspectors that let these Violations happen and still let the Mine stay in Operation ????????????????????
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DongWork4Yuda says:
Typical. People ***** about how high taxes are... But over and over again we find out just how much corporations are getting away with stuff.

These fines would go towards the costs of assuring these minds are regulated and approved to be safe, and yet they don't pay and look what happens.... AGAIN.

This pattern is reproduced at the corporate / Wallstreet level over nad over again. The burden is always placed on the middle class worker.


I for one am sick and tired of corporate America's crap.... I don'tcare what it costs us in the ned, time to reign in these greedy selfish corporations and the elgions that profit off of them while not getting any of the dirt on them for the deaths of people and the many lives they destroy in their process of maintaining the all important profits
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hateisafourletterword replies:
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Do you feel the same way about the U.S. government or jsut corporations?