Uh Oh!!! Serious Safety Violations in the Mine. Will we see the first

[Solomon]

murder convictions of ceos who ignore safety violations that result in deaths of employees?

[Atman]

1. No.

Bush will promote his Mine Safety guy.

[Solomon]

4. this mine tragedy is gonna be real bad for Bush.

safety regulations have been relaxed under his watch for all industry as is always the case with republican administrations.

When they look at the kinds of violations, somebody's gonna be in big trouble. It will reach all the way up to Bush.

[LSK]

5. not with the way the MSM is NOT REPORTING THIS.

[NI4NI]

22. What Democrat will make worker safety an issue?

[skids]

37. Maybe these ones, for starters?

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x53703

[tcfrogs]

2. Doubtful

According to Countdown tonight, the company was sold recently. Now as for the FORMER owners, that is yet to be seen.

[northzax]

7. right, the new company has only owned it for a couple of weeks

still, if you can show that there was knowledge that the mine was unsafe, and the new owners didn't spend any effort or money on safety, then the PR alone will be harmful to them. Of course, if they were making improvements, then this could simply be tragic bad luck for everyone involved.

[sandnsea]

17. That looks like wrong info

I'm reading where they're saying Ross owns the company. Ross merged a bunch of companies, including the Sago Mine, into ICG last year. I originally read that was when the sale took place, not within the last few weeks. Ross owned the company that owned the mine last year too, the only thing that changed was the corporation created to shuffle the mines into.

[sandnsea]

15. Same guy, different company names

Sago was part of Anker Coal, owned by WL Ross. He merged several companies into International Coal Group. Paper transfer to renegotiate unions and dump pensions, not a real change of hands.

http://www.oligopolywatch.com/2004/11/20.html

[hootinholler]

27. I thought ICG bought it out of bankruptcy?

I thought I saw that in my research last night.

-Hoot

[sandnsea]

29. Worldcom was in bankruptcy

Before that, Worldcom and MCI had merged to become Worldcom. During the bankruptcy, they filed some papers and moved some money around, and Worldcom became MCI again. And got a contract to deliver phone services in Iraq.

I just posted the article and I understand it to say the Sago mine was part of Anker Coal, which was a troubled company. But it was a troubled company that Ross owned an interest in, probably because he bought it in order to merge it into ICG., dump the unions and the pensions. That's what they do.

[LSK]

3. Meet Steven Griles

Steve Griles was confirmed as Deputy Secretary for the U.S. Department of Interior on July 12, 2001. Griles was formerly a principal with National Environmental Strategies, Inc. (NES), a consulting firm providing advice to companies, trade associations and others with regard to policy, regulatory, environmental and energy issues at the Federal and State government level.

Prior to joining NES, Steve was Senior Vice President for Public, Environmental and Marketing Activities for the United Company. Located in Bristol, Virginia, the United Company was a diversified natural resources company with select diversification in non-energy areas, with operations in coal, oil and gas, cogeneration, gold mining, manufacturing, real estate, hotels, and golf operations with both domestic and foreign interests.

http://www.doi.gov/bio/griles.html

National Environmental Strategies, Inc. (NES)

http://clerk.house.gov/pd/houseID.html?reg_id=31212

http://www.publicintegrity.org/lobby/profile.aspx?act=firms&year=2003&lo=L002295

[Solomon]

8. Thanks for the links.

Much appreciated.

[LSK]

11. more

The former number two at the Interior Department under Gale Norton, Griles, a 57-year-old from Halifax County, Virginia, has moved in and out of government for more than 20 years, becoming a prime example of Washington's revolving-door syndrome. On February 1, just days after leaving his post as deputy secretary of Interior, Griles took a job as a principal at Lundquist, Nethercutt and Griles, a powerful Washington, D.C.-based lobbying firm that represents major energy corporations such as BP and Exelon.

Griles first came to the department in 1981 under Interior Secretary James Watt, during the Reagan administration,
Steven Griles streamlined EPA regulations to speed approval for mountaintop-removal coal mining—a controversial practice that can leave behind tons of toxic rubble and sludge.
serving as deputy director for the Office of Surface Mining. In the 1990s, he worked for the D.C.-based energy lobbying firm National Environmental Strategies. In 2001, as deputy secretary, Griles became instrumental in streamlining regulations to speed the approval process for mountaintop-removal coal mining. The practice, which environmentalists and Appalachia residents refer to as "an environmental apocalypse," involves blasting away mountaintops, leaving behind tons of potentially toxic rubble and sludge. Griles also supported a new rule allowing mining companies to dump the debris in nearby waterways; some 1,200 miles of Appalachian streambeds have already been buried by the procedure.

SOUND BITE: "Griles allowed the coal industry to rape the people and the environment of Appalachia," says Judy Bonds, director of the Whitesville, West Virginia-based environmental group Coal River Mountain Watch. "He either thinks we're second-class citizens or he doesn't even know we exist."

http://outside.away.com/outside/features/200505/counter-enviroment-power-list-18.html

http://www.sourcewatch.org/index.php?title=Lundquist%2C_Nethercutt_%26_Griles_LLC

[AnnieBW]

20. "Thank You For Voting Republican"

Don't forget - WVA is where people were being told that Kerry was going to take their Bibles away and force people to accept gay marriages. So, they naturally voted Republican rather than go to Hell. Maybe they'll wake up now?

[Berry Cool]

26. Please don't characterize the population of an entire state that way.

I am from Ohio, and I for one am tired of being blamed for being one of those backwards hicks responsible for resaddling the whole country with Bush again, when I did NOT. I am sure the same can be said of many West Virginians.

Please don't suggest for a moment that somehow they brought this upon themselves. It was ugly enough when some people implied that Ohio deserved all its deaths of soldiers in Iraq as a "reward" for reelecting Bush.

[Just Me]

28. I second that!!! Don't do as the Republican Leaders do.

Republican leaders DISCRIMINATE among religious and political and financial and gender associations. The ugliness and hatred is horrifying (and they are PAYING minorities to be their voice-PIECE -- UGH)!!!

My neighbors are (were) staunch Republicans and we genuinely care for one another's well-being.

FUCK THOSE ASSHOLES WHO DO NOT WANT TO GET ALONG WITH OTHERS AND WHO PAY GREENBACKS TO BRIBE AND EXPLOIT THE VULNERABLE!!! FUCK THEM!!!!

[RagingInMiami]

38. As a Floridian

I agree

[Just Me]

6. No. However, there will be HUGE civil suits! HUGE!

I'm sure there are opportunistic attorneys all over that!!!

I wonder if Bush's lawsuit "reforms" (limiting punitive damages) will impact those suits? If so, we should definitely let those folks in on the know!!!

[northzax]

10. you cannot sue a mine in West Virginia

for punative damages, under state law, the mine is only liable for the salaries of the miners until the age of 60. Two of them were 59.

The only way around it is if there was intentional malice.

[sandnsea]

21. "Deliberate Intent"

Suing for medical and other benefits, above worker's comp, due to an accident.

"These cases are very complex, involving many different proof issues including whether a condition was unreasonably dangerous and whether the employer knew or reasonably should have known that the condition was unreasonably dangerous."

http://www.belllaw.com/PracticeAreas/PracticeAreaDescriptions5.asp

[Just Me]

25. Correct. Legislation was enacted re this particular issue in WV.

Here: http://www.legis.state.wv.us/Bill_Text_HTML/2005_SESSIONS/RS/BILLS/sb744%20enr.htm

(snip)

(2) The immunity from suit provided under this section and under sections six and six-a, article two of this chapter may be lost only if the employer or person against whom liability is asserted acted with "deliberate intention". This requirement may be satisfied only if:
(i) It is proved that the employer or person against whom liability is asserted acted with a consciously, subjectively and deliberately formed intention to produce the specific result of injury or death to an employee. This standard requires a showing of an actual, specific intent and may not be satisfied by allegation or proof of: (A) Conduct which produces a result that was not specifically intended; (B) conduct which constitutes negligence, no matter how gross or aggravated; or (C) willful, wanton or reckless misconduct; or
(ii) The trier of fact determines, either through specific findings of fact made by the court in a trial without a jury, or through special interrogatories to the jury in a jury trial, that all of the following facts are proven:
(A) That a specific unsafe working condition existed in the workplace which presented a high degree of risk and a strong probability of serious injury or death;
(B) That the employer, prior to the injury, had actual knowledge of the existence of the specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by the specific unsafe working condition;
(C) That the specific unsafe working condition was a violation of a state or federal safety statute, rule or regulation, whether cited or not, or of a commonly accepted and well-known safety standard within the industry or business of the employer, as demonstrated by competent evidence of written standards or guidelines which reflect a consensus safety standard in the industry or business, which statute, rule, regulation or standard was specifically applicable to the particular work and working condition involved, as contrasted with a statute, rule, regulation or standard generally requiring safe workplaces, equipment or working conditions;
(D) That notwithstanding the existence of the facts set forth in subparagraphs (A) through (C), inclusive, of this paragraph, the employer nevertheless intentionally thereafter exposed an employee to the specific unsafe working condition; and
(E) That the employee exposed suffered serious compensable injury or compensable death as defined in section one, article four, chapter twenty-three whether a claim for benefits under this chapter is filed or not as a direct and proximate result of the specific unsafe working condition.
(iii) In cases alleging liability under the provisions of paragraph (ii) of this subdivision:
(A) No punitive or exemplary damages shall be awarded to the employee or other plaintiff;
(B) Notwithstanding any other provision of law or rule to the contrary, and consistent with the legislative findings of intent to promote prompt judicial resolution of issues of immunity from litigation under this chapter, the court shall dismiss the action upon motion for summary judgment if it finds, pursuant to rule 56 of the rules of civil procedure that one or more of the facts required to be proved by the provisions of subparagraphs (A) through (E), inclusive, paragraph (ii) of this subdivision do not exist, and the court shall dismiss the action upon a timely motion for a directed verdict against the plaintiff if after considering all the evidence and every inference legitimately and reasonably raised thereby most favorably to the plaintiff, the court determines that there is not sufficient evidence to find each and every one of the facts required to be proven by the provisions of subparagraphs (A) through (E), inclusive, paragraph (ii) of this subdivision; and
(C) The provisions of this paragraph and of each subparagraph thereof are severable from the provisions of each other subparagraph, subsection, section, article or chapter of this code so that if any provision of a subparagraph of this paragraph is held void, the remaining provisions of this act and this code remain valid.

[northzax]

31. and as iii (a) states:

(A) No punitive or exemplary damages shall be awarded to the employee or other plaintiff;

[northzax]

30. not a lot of medical expenses here

to be painfully honest, dead people don't ring up hospital bills. The one living miner may have pain and suffering claims, and medical expenses (that worker's comp should certainly cover)

[sandnsea]

32. "and other benefits"

I don't live in West Virginia, I'm self-employed, doesn't hurt me any. If you say people can't sue, okeedoke. I just hope you're not preventing somebody in West Virginia from getting the help they deserve.

[northzax]

34. for the record

anyone involved in this incident should consult an attorney liscensed in the State of West Virginia. I point it out for two reasons, first, it shows what happens when industry writes the liability laws, and second, I don't want people to have a sope that the courts can solve this problem, it's been taken out of their hands. I guess those two are related.

[sandnsea]

35. Definitely

I just didn't want to think you were telling your fellow West Virgnians that there was no hope for families of people killed or those who had been injured. There's all kinds of damages, and the requirement to sue isn't quite absolute intentional harm or death.

I don't support punitive caps. We've had that debate on DU before and you'd be surprised how many do. When you don't have punitives, you end up with 200 violations costing $3500. It's a damned shame.

[Just Me]

24. You CAN bring a suit under these circumstances.

The mine was cited with a LOT of safety violations it failed to correct. WV has a case that established a precedent for civil (punitive) suits in these type of conditions,...just don't ask me to cite it right now 'cause my brain is too freakin' full (it starts with an "M" is all I can come up with, right now). It's a workers comp case, though,...and, ON POINT.

[Blue_Roses]

36. I heard differently on Dan Abrams tonight

there was a lawyer who represents coal miners in West Virginia and he cleared this up because Abrams was saying the same thing. The families can file a class action suit for damages and emotional distress--and that doesn't even include the violations for being unsafe.

There will be suits--and there needs to be.

(2) The immunity from suit provided under this section and under sections six and six-a, article two of this chapter may be lost only if the employer or person against whom liability is asserted acted with "deliberate intention". This requirement may be satisfied only if:
(i) It is proved that the employer or person against whom liability is asserted acted with a consciously, subjectively and deliberately formed intention to produce the specific result of injury or death to an employee.

[chaplainM]

9. Mine safety investigations now kept secret

Apparently, accident investigations by the Mine Safety and Health Administration, which used to be public, are now, under the Bush administration, kept secret.

http://www.winfieldcourier.com/editorial/e060104.html

[Solomon]

13. What!!!

[JohnnyRingo]

12. And as per a "report" on Hannity and Colmes: The Buxh admin

relaxed regulations on mining to help increase profits and production.

I'm sure we'll hear more about this

[Solomon]

14. I happened to be flipping channels tonite when I caught Hannity

trying to shut his own guest up who was pinning the tragedy on Bush's policies. It was hilarious. He tried to shut the guy up by accusing him of having a political agenda. The guy complained that Hannity asked him to be on the show but then didn't want to hear the truth.

[LSK]

16. damn, they let that out on FOX??

Someones getting fired over there right now!

[Solomon]

18. You know what. You are not going to believe how fast these guys are.

Within a matter of 35 minutes or so, Fox put on a "expert" to say that the mine explosion might have had nothing to do with the violations. LOL! Talk about nipping a problem in the bud!

I wouldn't have believed it if I hadn't seen it myself.

I'll be darned!

[LSK]

19. i wouldnt be surprised if their "expert" was just some guy on set

Someone in charge of getting water during breaks might have been given a suit and told to get out there! :rofl:

[Solomon]

23. I mean they really do have quite a sophisticated mind control system.

We are so fucked.

[FreedomAngel82]

33. Just me wondering

I read on another thread about this that the people in authority wrote and told Bush about their concerns but he ignored it. Is that true?