Massey Faces West Virginia Fallout
A widow files the first wrongful death suit against the company in the April 5 mine explosion.
April 18, 2010 at 08:00 PM
6 minute read
The original version of this story was published on Law.com
Massey Energy faces its first wrongful death lawsuit stemming from the April 5 explosion at its Upper Big Branch mine in West Virginia that killed 29.
Last Thursday Marlene Griffith sued Massey Energy as well as Performance Coal, the Massey subsidiary that ran the mine, claiming negligence based on working conditions at the mine and a history of safety violations. Griffith is the widow of William Griffith, who was killed in the Upper Big Branch explosion. The AP reports they would have celebrated their 33rd anniversary April 30.
More suits may be forthcoming, if one area law firm gets its way. WSAZ reports that a Raleigh County, W. Va. firm “is raising some eyebrows” after placing ads in local newspapers before all of the miners' funerals had even taken place.
Also last Thursday, institutional investor The Manville Personal Injury Trust sued Massey management to hold them personally accountable for the disaster. The suit names CEO Don Blankenship, former Massey director and Ohio State University President E. Gorden Gee, and four other Massey executives. The trust settled a lawsuit with Massey in 2008 over the company's handling of environmental and safety issues.
An April 16 preliminary report from the Mine Safety and Health Administration (MSHA) found the explosions may have been preventable by using proper ventilation systems and other practices. But who's watching the watchmen? The Labor Department just set up an independent team to carry out an independent review of the MSHA.
A Washington Post analysis on Sunday pointed out the “revolving door” between the the mining industry and the government. “The movement between industry and government allows both to benefit from crucial expertise, but mining safety experts say it often has led to a regulatory system tilted toward coal company interests,” Kimberly Kindy and Dan Eggen report. They identified nearly a dozen former MSHA district directors who have recently taken jobs as executives or consultants with Massey or Massey Energy. The Federal Mine Safety and Health Review Commission, which oversees safety disputes between regulators and operators, has a similar revolving door.
Finally, in light of the tragedy, Ben Heineman Jr. writes Monday for the Atlantic that companies have a business imperative to create and maintain a culture of safety, noting:
“[R]esponsible companies will have a strong commitment to obeying the spirit and letter of existing safety law. They will also establish their own internal rules, beyond what the laws may require, if an additional margin of safety is required to protect employees, consumers, and communities. In my view, such voluntary action avoids catastrophic impact on the company and has benefits for a corporation inside the company, in the marketplace, and in global society.”
Massey Energy faces its first wrongful death lawsuit stemming from the April 5 explosion at its Upper Big Branch mine in West
Last Thursday Marlene Griffith sued Massey Energy as well as Performance Coal, the Massey subsidiary that ran the mine, claiming negligence based on working conditions at the mine and a history of safety violations. Griffith is the widow of William Griffith, who was killed in the Upper Big Branch explosion. The AP reports they would have celebrated their 33rd anniversary April 30.
More suits may be forthcoming, if one area law firm gets its way. WSAZ reports that a Raleigh County, W. Va. firm “is raising some eyebrows” after placing ads in local newspapers before all of the miners' funerals had even taken place.
Also last Thursday, institutional investor The Manville Personal Injury Trust sued Massey management to hold them personally accountable for the disaster. The suit names CEO Don Blankenship, former Massey director and Ohio State University President E. Gorden Gee, and four other Massey executives. The trust settled a lawsuit with Massey in 2008 over the company's handling of environmental and safety issues.
An April 16 preliminary report from the Mine Safety and Health Administration (MSHA) found the explosions may have been preventable by using proper ventilation systems and other practices. But who's watching the watchmen? The Labor Department just set up an independent team to carry out an independent review of the MSHA.
A
Finally, in light of the tragedy, Ben Heineman Jr. writes Monday for the Atlantic that companies have a business imperative to create and maintain a culture of safety, noting:
“[R]esponsible companies will have a strong commitment to obeying the spirit and letter of existing safety law. They will also establish their own internal rules, beyond what the laws may require, if an additional margin of safety is required to protect employees, consumers, and communities. In my view, such voluntary action avoids catastrophic impact on the company and has benefits for a corporation inside the company, in the marketplace, and in global society.”
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