Apr 24, 2015 4 min read

The recent indictment of former Massey Energy executive Don Blankenship in relation to the West Virginia mine explosion that killed 29 miners in April 2010 highlights the need for new legislation to strengthen federal oversight and enact stiffer penalties, a spokesman for United Mine Workers of America said Friday.

Congress failed to pass the Mine Safety Protection Act multiple times since its inception following the Upper Big Branch Mine disaster five years ago, but Pennsylvania Sen. Bob Casey reintroduced legislation this week in an attempt to strengthen federal regulatory powers over operators with repeated safety violations.

UMWA spokesman Phil Smith said Blankenship’s indictment in November on two misdemeanor charges he repeatedly created a dangerous working environment for his miners before the explosion illustrates the importance of increasing such violations to felonies. Smith noted Blankenship faces harsher punishment if convicted on a “white collar” securities fraud charge included in the indictment.

“There’s no question that increasing the fines and making violations felonies instead of misdemeanors … is an important part of the legislation,” Smith said. “Companies need to understand that accidents can’t be treated as just another cost of doing business. That’s the way it is now.”

Fellow Democratic Sen. Joe Manchin of West Virginia joined Casey to introduce the legislation Thursday, with a similar version put forward in the U.S. House the day before. Casey said in a written statement it was time to pass the “commonsense” legislation to crack down on repeat violations, better protect whistleblowers and punish operators who “disregard basic safety.”

“We have an obligation to ensure the safety of those who work in our nation’s mines,” Casey said. “There are too many safety violations and too often those violations go without accountability.” The prospects of the bill in the Republican-controlled Congress were unknown, although Smith said they would continue to push for its passage despite a string of previous setbacks.

“We supported it before and we will support it again,” Smith said. “There’s no question it will be a tough road to get this bill passed, but that’s not to say it won’t be passed or shouldn’t be passed.”

Luke Popovich, a spokesman for the National Mining Association, said the bill looks similar to previous versions and doubts it would correct the habitual problems found at the Upper Big Branch mine. He said MSHA already has the needed enforcement powers now that it’s not properly utilizing.

“What they’re asking for goes beyond what they need to enforce good safety practices,” Popovich said.

He noted the number of miner deaths nationally dropped to 16 in 2014 after the industry averaged 31.4 deaths per year for the previous 19 years.

“Sixteen is still too many, but we’re taking stronger voluntary measures (to limit injuries and deaths),” Popovich said.

The Robert C. Byrd Mine Safety Protection Act of 2015, named after the late West Virginia senator, would give the federal Mine Safety and Health Administration authority to take immediate action against problem operators and even close mines that have not paid fines within six months. MSHA estimates there are currently $73 million in unpaid fines.

It would also make it a felony in the first instance where a mine operator knowingly and recklessly exposed workers to significant risk. The punishment could include up to five years in jail and a $1 million fine for first offense, both of which could double for a second offense. The legislation would also increase the maximum civil penalty from $70,000 per violation to $220,000.

Workers also would get full pay for up to 60 days after a mine is temporarily closed by MSHA for safety problems. Current law only provides up to seven days after the closure.