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Federal Panel Upholds $761,000 in Massey Fines

By Associated Press

CHARLESTON, W. Va. – A federal appeals panel has upheld $761,000 in fines for flagrant safety violations at a Massey Energy Co. coal mine in Kentucky, the U.S. Mine Safety and Health Administration said Wednesday.

The decision by the Mine Safety and Health Review Commission involves fines issued for violations found in 2006, MSHA said.

Inspectors found the violations while following up a tip about weak roof conditions at Massey subsidiary Stillhouse Mining LLC's Mine No. 1 near Cumberland, Ky. Massey hadn't followed proper procedures after the mine's ventilation fan shut off, leading to one citation, MSHA said. The mine also was cited for illegally changing its ventilation plan, not following a roof control plan and for failing to adequately inspect the mine for safety problems.

"No miner should be subjected to the kinds of conditions that were found at Stillhouse Mining," MSHA director Joe Main said in a statement.

Flagrant violations involve reckless or repeated failure to try to eliminate known violations of health and safety laws that could cause death or serious injury. Such violations carry fines up to $220,000.

MSHA said it has issued 142 citations for flagrant violations since 2006, but 92 remain on appeal.

"Although the case was not resolved for more than four years, we are extremely pleased with the judge's decision and will continue to use this important enforcement tool in our ongoing efforts to keep mine operators accountable," Main said.

Massey had no immediate comment.