The United Mine Workers of America (UMWA) released a report Oct. 25 accusing Massey Energy, the owner of the Upper Big Branch (UBB) mine in West Virginia, of "industrial homicide" for its role in the April 5, 2010, explosion that killed 29 coal miners.

UMWA President Cecil Roberts said at a Charleston, WV, press conference announcing the report that Massey was largely responsible for the explosion, but he had harsh words for both the state and federal regulatory agencies that have the responsibility for ensuring workplace safety. Roberts also called for the criminal prosecutions of the corporate owners and managers responsible.

Roberts was quoted in an Oct. 25 Charleston Gazette article as saying, "We've got a security guard who has been indicted, but [former Massey CEO] Don Blankenship can't figure out how to spend all of his money." He criticized the federal Mine Safety and Health Administration (MSHA) for not shutting the mine down for repeated safety violations.

In the report, UMWA calls Massey Energy "a rogue corporation" and blasts Massey officials for safety conditions that led to the explosion and deaths:

Clearly, workers at UBB were fearful, because of management intimidation, to report to anyone that the mine was not safe. The threat of reprisal, including job loss, was so real the employees did not feel they could report hazardous conditions at the mine.

Given the overall poor condition of the mine in general, it is not believable that management personnel did not know that these conditions posed a substantial and immediate hazard to the miners and could possibly escalate into a catastrophic event. Massey’s knowledge of the hazardous conditions is confirmed by the practice at the mine of keeping two sets of record books. One set was for Massey’s eyes only, that documented the actual conditions, and the other an official record which concealed the truth.

According to the Gazette, union officials "offered more than a dozen recommendations for action and reforms, ranging from a new grand jury to investigate top Massey officials to more staffing for MSHA, independent probes of all major mining accidents," and other more technical recommendations. The union admitted that MSHA and state inspection officials can't be in every mine or present on every shift.

News reports indicate that the UMWA report parallels the findings of federal and state investigations to date. The union was able to conduct its investigation using public documents and from reports by union officials who observed conditions in the mine while accompanying investigative teams, according to Mine Safety and Health News.

Incidents like the UBB explosion, the 2010 BP oil spill, and more indicate that oversight of corporations and their behavior is a necessity. Effective oversight can only occur when we provide agencies with the resources and authority they need to enforce the law and keep all workers safe from harm.