This post is a bit of an update on the aftermath of the Upper Big Branch mine in West Virginia that suffered an explosion in April of 2010 that killed 29 workers. It was determined, by the Mine Safety and Health Administration (MSHA) that the deaths may have been prevented but there were flagrant safety violations that were present at the site, owned by Massey Energy. The CEO of Massey Energy at the time, Donald Blankenship, faced several criminal charges as a result.

According to MSHA investigators it was determined that poorly maintained cutting equipment created a spark which ignited a small methane fire, which then ignited the coal dust and caused a much bigger explosion. They thought that the conditions were preventable and that the company, Massey, had ignored the hazards. Investigators also found that the company failed to maintain equipment, they failed to measure methane concentrations throughout the mine and did not comply with proper ventilation practices, and they allowed very high levels of coal dust to accumulate in the mine. They noted there was an intimidating environment at the mine, and that is why no miners came forward with complaints or safety concerns even though they were working in a dangerous environment. MSHA delivered 12 citations to Massey for violations that contributed to the explosion, and another 357 that they found at the site but which were not considered part of the explosion. Nine of the violations that did contribute to the explosion were “flagrant” and eligible for the maximum penalty from the MSHA.

Alpha Natural Resources bought Massey Energy and settled several civil and criminal suits in 2011, paying an estimated $209 million to families.

Donald Blankenship faced several criminal charges including conspiracy to violate federal mine safety standards, conspiracy to defraud the MSHA by impeding inspection efforts at the site, making false statements and misleading investors, and securities fraud. If he had been convicted of everything he was accused of the maximum sentence would have been 31 years. Prosecutors later combined the two conspiracy charges into one charge with two counts so he was facing three charges rather than four.

He was found guilty of conspiring to willfully violate safety standards and found not guilty of defrauding MSHA, securities fraud or the charge of making false statements. Conspiracy is typically a felony that can carry a sentence of five years in prison, but prosecutors combined the two conspiracy charges into two separate counts under the same indictment- conspiracy to violate mine safety standards and conspiracy to defraud MSHA. He was found not guilty of trying to defraud MSHA (which would have been a felony) but violating mine safety standards is labeled a misdemeanor and is subject to a maximum fine of one year in prison. He may also be fined $250,000 for that misdemeanor. The sentencing is scheduled for April 6^th, though his lawyers say they are going to appeal. This year marks the sixth anniversary of the disaster.

Prosecutors say that, even though they do not think that is long enough, he should receive the maximum sentence of one year.