Massey Energy Asks MSHA to Reverse Practice of Turning off Air Scrubbers

RICHMOND, Va., May 10 /PRNewswire-FirstCall/ -- Massey Energy Company (NYSE: MEE) Chairman and CEO Don Blankenship today released a letter sent by certified mail on May 5th to Joe Main, the Assistant Secretary for Mine Safety & Health ("MSHA").  The letter requests that MSHA reverse the agency's practice of requiring the coal industry to turn off dust scrubbers on continuous mining machines.  

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"We have urged you to reverse this practice as soon as possible and allow our coal miners to enjoy the benefits of one of the truly significant technological advances of the past 30 years – the scrubber – a device able to physically remove from the atmosphere up to 98% of the harmful dust generated in the mining process," writes Blankenship.

Continuous miner machines have been equipped with a device called a "scrubber" for more than two decades.  This device, much like a vacuum cleaner, sucks in dirty air from the area of the machine cutting coal and passes it through a filter prior to the scrubber exhausting the filtered air.  This filtering of dusty air greatly reduces the dust remaining in the air so that the equipment operator breathes in cleaner air.

MSHA has required that many Massey and other Central Appalachia mines turn off their scrubbers.  Massey has strenuously objected in multiple instances.  However, MSHA has continued this practice.

The federal government's research arm in the area of mine health and safety, the National Institute of Occupational Safety and Health, has conducted a study that shows a coal miner working on a section where the scrubber is turned off may inhale up to 12 times as much respirable dust as when the scrubber is on.  

"Currently, 62 of our 132 continuous mining machines are not permitted to run with their scrubbers operating," writes Blankenship. "Our coal miners are also confused and, quite frankly, distressed by MSHA's action.  They cannot understand why the agency that has been created to protect their health and safety is doing the opposite."

A copy of the full letter from Don Blankenship to Joe Main follows:

May 5, 2010

The Honorable Joseph A. Main

Assistant Secretary of Labor for Mine Safety & Health

United States Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, 21st Floor

Arlington, VA 22209-3939

Dear Assistant Secretary Main:

At a recent meeting, you expressed your concern about dust exposure and the incidence of respiratory disease in the coal mining industry. We share your concern and, at that time, called your attention to the recent practice of MSHA's district managers forcing Massey Energy – and, we understand, other operators – inexplicably, to turn off dust scrubbers on continuous mining machines.

We have urged you to reverse this practice as soon as possible and allow our coal miners to enjoy the benefits of one of the truly significant technological advances of the past 30 years – the scrubber – a device able to physically remove from the atmosphere up to 98% of the harmful dust generated in the mining process. A recent study by NIOSH researchers on coal dust levels at operating mines shows that miners could be exposed to up to 12 times the level of respirable dust in a section in which the scrubber is not operating. As a result, MSHA's nebulous explanations for prohibiting scrubber use have left us confused and we remain bewildered by a course of action that includes turning-off equipment that permanently removes dust from the atmosphere.

Currently, 62 of our 132 continuous mining machines are not permitted to run with their scrubbers operating. Our coal miners are also confused and, quite frankly, distressed by MSHA's action.  They cannot understand why the agency that has been created to protect their health and safety is doing the opposite. I will add that at least a few of your field inspectors have also expressed puzzlement.

If we are missing something, please let us know. We have asked for an explanation and received none. We have asked for the scrubbers to be allowed to run, but to no avail. Our miners deserve the most healthful working places that we are able to provide them.

We await your response.

Very truly yours,

Don L. Blankenship

Chairman and CEO

About Massey

Massey Energy Company, headquartered in Richmond, Virginia, with operations in West Virginia, Kentucky and Virginia, is the largest coal company in Central Appalachia and is included the S&P 500 index.

SOURCE Massey Energy Company