Manchin Executive Order

In response to the explosion in West Virginia at the Upper Big Branch Mine on April 5, 2010, in which 29 miners died, Governor Manchin issued Executive Order No. 1-10 Wednesday, April 14, 2010. Under the Order, West Virginia’s underground coal mine operators are to cease production for one day this Friday, April 16, 2010, both to honor the lost and injured miners and to review each mine’s safety measures. 

The Order also calls for immediate action to identify and remedy conditions that create a risk of combustion or explosion in the underground coal mines in the state. Specifically, the Order calls on State mine safety officials to immediately inspect all active underground coal mines and the evacuation or closure of any coal mine that poses an imminent danger to the safety of miners. 

 

Inspectors have been asked to investigate the mines for combustion risks. This will concern standards relating to: ventilation; the detection, monitoring and removal or dangerous accumulations of explosive or noxious gases; electricity and electric equipment; and control of coal dust and rock dusting. 

 

Further, the Order seeks to tighten the state’s standards for rock dusting of underground mines. Under the Order, mine inspectors must collect dust samples which shall be tested to determine compliance with mandatory total incombustible content (TIC) standards as well as TIC standards recommended by a National Institute of Occupational Safety and Health report that required eighty percent (80%) TIC in both intake airways and return airways. The Director will consider compliance with mandatory or recommended TIC standards when determining whether an imminent danger exists in a mine or whether there is a history of repeated significant and substantial violations that warrants closure of a mine.

 

To hasten the inspections, the Governor is requiring that high priority coal mines, those that the Director determines that combustion risks have repeatedly occurred at the mine over the past twelve-months, be inspected within the next two weeks. If a mine has combustion risks identified a reinspection is required to occur before and in addition to the next quarterly inspection.

 

This article was authored by Matthew S. Tyree, Jackson Kelly PLLC. For more information on the author see here.