The Register-Herald, Beckley, West Virginia

Today's Front Page

April 14, 2010

Lawmakers expect to have ‘active’ role in probe

McAteer to lead state investigation into blast

BECKLEY — Mine safety expert Davitt McAteer is returning to a familiar role — leading a separate and independent look-see into another West Virginia mine tragedy.

Gov. Joe Manchin named the onetime director of the federal Mine Safety and Health Administration to head up an inquiry, independent of separate probes led by federal and state mining regulators into the Upper Big Branch disaster.

In addition, while nothing is yet in concrete, legislative leaders expect the Legislature to take an active role in pursuit of answers behind the explosion that left 29 coal miners dead last week in the Raleigh County mine and injured two.

“We owe it to the families of the 29 miners we lost last week to find out what caused this,” Manchin said.

“And we owe it to them and every coal miner working today to do everything humanly possible to prevent this from happening again. Davitt has the experience and knowledge to lead what will be a complex and intensive investigation into this horrible accident.”

McAteer, now serving as vice president of sponsored programs at Wheeling Jesuit University, told The Register-Herald last week he was willing to take on the role as chief investigator but cautioned not to expect results too quickly, since such inquiries typically take months, even years in some instances.

Four years ago, he led an inquiry into the underground explosion at the Sago Mine in Upshur County that killed a dozen coal workers. One miner lived to tell about it.

“We made tremendous progress in 2006 immediately following the Sago and Aracoma accidents, and I fully expect that we will learn even more from this and make dramatic changes to protect our miners,” Manchin said.

McAteer intends to get rolling right away by assembling a team to assist him in the endeavor.

“While we are an independent panel, we will be working with federal and state mine safety officials to gather the facts about his accident and the situations leading up to it,” he said.

“This will be an independent review of the accident and the agencies, and we will put together our recommendations on what we can do to improve mine safety overall and prevent another accident like this.”

No specific action has been finalized by House Speaker Rick Thompson, D-Wayne, and Senate President Earl Ray Tomblin, D-Logan, but there is no doubt the Legislature intends to follow the path it took four years ago in analyzing the Sago tragedy.

“There is no question we will be as active and as strong as the Legislature was in correcting mine practices as we did with the Sago disaster, and that could include a special joint legislative committee,” Tomblin told The Register-Herald.

Recovery teams retrieved the final nine victims early Tuesday from the Upper Big Branch mine, owned by Performance Coal Co., a subsidiary of Massey Energy. Numerous safety violations had been filed by regulators at the facility.

“No doubt, if we have information we can work with, we could take legislative steps even during an expected extraordinary session later this spring,” Tomblin said.

“It will depend on where we are with the official investigation and its findings at the time.”

Federal and state mine regulators met Tuesday to map out a strategy for re-entering the decimated mine where authorities suspect methane gas was ignited by an-as-yet undetermined source.

Tomblin said he and Thompson plan to be “actively engaged” with the federal and state investigative agencies and “rigorously take all findings of fact and make any necessary changes in law.”

Lawmakers responded after the 2006 disaster at Sago by enacting legislation in a single day that addressed mining accidents.

“I have felt a personal kinship with those who lost loved ones in this terrible tragedy,” Tomblin said of Upper Big Branch.

Tomblin said the expressions of sadness over the loss suffered by mothers, children, brothers, sisters, aunts, uncles, cousins and friends point to a common thread among West Virginians.

“A deep sadness fell over this state when they died, but a deep emotional bond now exists between all of us and those whose losses were the result of a supreme sacrifice,” the Senate leader said.

“I think our state has demonstrated to the rest of the world what true humanity and compassion are. It is based on a common thread in Mountaineer DNA that we know how to truly care for each other. None of us will ever be the same, having witnessed this event and been touched by the heartbreak of our neighbors and friends.”

For that reason, he said, the Legislature is dedicated to taking any needed action to “finally make our mines the safest possible workplace.”

“We owe them that much and more,” he added.

— E-mail: mannix@register-herald.com

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