Full article:
http://blog.aflcio.org/2006/08/25/court-sides-with-mine-owners-in-safety-case-sago-families-sue-icg/Court Sides with Mine Owners in Safety Case; Sago Families Sue ICG
The lone survivor of January’s Sago Mine disaster and two of the families of the 12 miners killed in the methane explosion filed suits this week in a West Virginia court alleging poor safety practice by the company and others.
In a related development, a federal judge dismissed a lawsuit by the Mine Workers (UMWA) that sought to force the Mine Safety and Health Administration (MSHA) to inspect the emergency breathing devices in the nation’s coal mines following reports that they malfunctioned at Sago and in other emergencies this year that have killed 37 miners, the highest number in any full year since 2001.
The suits against Sago Mine owner International Coal Group Inc. (ICG), its subsidiary Wolf Run Mining Co. and three suppliers of mining products, including the blocks used to wall off the section of mine where the methane explosion occurred, were brought by survivor Randall McCloy and the families of Marty Bennett and James Bennett who died in the blast. They are not related.
According to The Charleston (W.Va.) Gazette, the suits by the Bennett families charge that ICG “negligently failed to put in place any standardized operating and safety policies and procedures” and “failed to monitor” the safety practices and compliance with federal mine safety laws by Wolf Run Mining, which was operating the Sago Mine.
McCloy’s suit notes that MSHA cited the Sago Mine more than 200 times in 2005 for safety violations, including 96 that the safety agency classified as “significant and substantial,” the Gazette reports. It also says that in 2005 Sago’s accident rate was three times the national average.
While the suits seek punitive and compensatory damages, they also ask the Kanawha County Circuit Court to order ICG to immediately implement the safety improvements recommended in independent investigation of the mine disaster ordered by Gov. Joe Manchin (D) and conducted by long-time mine safety expert and former MSHA chief Davitt McAteer.