CHARLESTON, W.Va. -- Despite escalating safety concerns prior to the Upper Big Branch Mine Disaster, federal regulators never hit the Massey Energy operation with one of their toughest tools: fines of up to $220,000 each for "flagrant" safety violations, officials confirmed this week.
Congress gave the U.S. Mine Safety and Health Administration authority for the increased fines as part of the MINER Act, passed in 2006 following the Sago, Aracoma and Kentucky Darby mine disasters.
The idea was to more harshly punish chronic and serious mine safety violations as part of a strategy to force mine operators to follow federal regulations. MSHA has used the authority more than 125 times in the last five years to fine mine operators $19.5 million. But MSHA never cited Upper Big Branch for a flagrant violation, and nearly a year after the April 5, 2010, explosion that killed 29 miners, agency officials still won't explain why.
MSHA spokeswoman Amy Louviere said only that the matter is one of the issues being examined by agency officials as part of an "internal review" of MSHA's performance at Upper Big Branch. "It's a very good question, and one that will be ably answered by the internal review team," Louviere said in an email response to questions from the Gazette. "If they find anything amiss or any deficiencies on MSHA's part, they will appear in the report and MSHA will need to address them."
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