Company Gets Huge MSHA Fines and Jail Time

A former Upper Big Branch (UBB) Mine employee pleaded guilty today before United States District Judge Irene C Berger to two felonies in connection with a federal investigation at Performance Coal Company’s Upper Big Branch Mine. Thomas Harrah, 45, of Comfort, Boone County, West Virginia, pleaded guilty to a two-count information, charging him with making a false statement on a document required to be maintained by the Federal Mine Safety and Health Act and with making false statements to a special agent of the Federal Bureau of Investigation (FBI) and a special investigator with the Mine Safety and Health Administration (MSHA). United States Attorney Booth Goodwin stated, “Since shortly after the tragedy at Upper Big Branch, the president has been clear in his directives. He expects us to investigate the cause of the explosion, bring those responsible to justice, and take the steps necessary to prevent a similar tragedy from occurring again.




This case arose from our investigation into the explosion and is directed at preventing a similar tragedy from happening again.” Harrah admitted that while employed at UBB Mine from January 2008 to August 2009, he performed mine foreman's duties including signing pre-shift and on-shift examination reports, even though he was not qualified as a foreman or an assistant foreman. As stipulated in his plea agreement, Harrah did not have and knew he did not have a mine foreman's certificate and was therefore not qualified to perform these examinations. Despite having failed the mine foreman’s examination, Harrah in fact, used a false foreman’s number on more than 200 occasions. In August 2009, Harrah was transferred from Performance to the Marfork Coal Company (Marfork) which operated the Slip Ridge Cedar Grove Mine (Slip Ridge) located in Raleigh County.



While employed at Slip Ridge, Harrah admitted to using a false foreman’s number that did not belong to him to certify pre-shift and on-shift examinations on approximately three different occasions during one shift. On October 22, 2010, Harrah was interviewed by a Federal Bureau of Investigation (FBI) special agent and by a special investigator with the Mine Safety and Health Administration (MSHA). During the interview, Harrah stated that he had taken and failed the mine foreman’s examination. When he returned to work at Performance Coal, he informed an officer of Performance Coal that he had failed the examination.



Harrah then stated that the officer provided him with a phone number to call. Harrah further stated that when he called the number that the individual on the phone provided him with a mine foreman’s certification number. The defendant stated that he was also faxed a copy of a mine foreman’s card, but that he had lost the card. On October 28, 2010, Harrah was re-interviewed by the FBI and MSHA.



Harrah admitted that he had been dishonest during the first interview with federal agents. The defendant further admitted that when he failed the examination, the Performance Coal officer did not give him a number to call, but instead discussed with him the possibility of retaking the examination. Harrah admitted that he did not retake the examination. Harrah further admitted that after reviewing the examination book which listed individuals who had passed the foreman’s examination, he changed a couple of digits on one of the numbers listed, and, a few months later, began using that number to sign pre-shift and on-shift examination books at Upper Big Branch mine.



When Harrah was interviewed by federal investigators on October 22, 2010, he knew that the information he provided them about how he had received the false foreman’s number was untrue. This investigation was conducted by the Federal Bureau of Investigation and the Mine Safety and Health Administration. Harrah faces up to 10 years in prison and a $500,000 fine when he is sentenced on August 11, 2011 at 10 AM

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Spring Break Safety Tips

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Spring break is a great time for the family to get away from the cold, dark days of winter and have some fun in the sun. Keep your family safe while on your trip by following these tips from the American Academy of Pediatrics (AAP). Please feel free to use them in any print or broadcast story, with appropriate attribution of source.




Sun Safety for Babies



Babies under 6 months of age should be kept out of direct sunlight. Move your baby to the shade under a tree, umbrella or stroller canopy. It is okay to apply a small amount of sunscreen on infants under 6 months if there is no way to avoid the sun.

Dress babies in lightweight clothing that covers the arms and legs, and use brimmed hats.

Sun Safety for Kids



Choose sunscreen that is made for children, preferably waterproof. Before covering your child, test the sunscreen on your child’s back for an allergic reaction. Apply carefully around the eyes, avoiding eyelids. If a rash develops, talk with your pediatrician.

Select clothes made of tightly woven fabrics. Cotton clothing is both cool and protective.

When using a cap with a bill, make sure the bill is facing forward to shield your child’s face. Sunglasses with UV protection are also a good idea for protecting your child’s eyes.

If your child gets sunburn that results in blistering, pain or fever, contact your pediatrician.

Sun Safety for the Family



The sun’s rays are the strongest between 10 a.m. and 4 p.m. Try to keep out of the sun during those hours.

The sun’s damaging UV rays can bounce back from sand, snow or concrete; so be particularly careful of these areas.

Most of the sun’s rays can come through the clouds on an overcast day; so use sun protection even on cloudy days.

When choosing a sunscreen, look for the words "broad-spectrum" on the label - it means that the sunscreen will screen out both ultraviolet B (UVB) and ultraviolet A (UVA) rays. Choose a water-resistant or waterproof sunscreen and reapply every two hours.

Zinc oxide, a very effective sunblock, can be used as extra protection on the nose, cheeks, tops of the ears and on the shoulders.

Use a sun protection factor (SPF) of at least 15.

Rub sunscreen in well, making sure to cover all exposed areas, especially the face, nose, ears, feet and hands, and even the backs of the knees.

Put on sunscreen 30 minutes before going outdoors - it needs time to work on the skin.

Sunscreens should be used for sun protection and not as a reason to stay in the sun longer.

Use of Tanning Salons



The intensity of UVR radiation produced by some tanning facilities can be 10 to 15 times higher than the midday sun.

The AAP supports legislation prohibiting access to tanning salons or use of artificial tanning devices by children under 18 years of age.

Beach Tips *



Drink plenty of water, non-carbonated and non-alcoholic drinks, even if you do not feel thirsty.

Stay within the designated swimming area and ideally within the visibility of a lifeguard

Never swim alone.

Be aware of rip currents. If you should get caught in one, don’t try to swim against it. Swim parallel to shore until clear of the current.

Seek shelter in case of storm. Get out of the water. Get off the beach in case of lightning.

Watch out for traffic – some beaches allow cars
 
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