Report paints Murray as bully
That is a major subplot in the piles of documents released last week by the U.S. Senate Health, Education, Labor and Pensions Committee reporting on conditions at the mine prior to the Aug. 6 disaster that left six workers entombed. Three more died in the attempt to rescue the six miners.
"Murray Energy bullied MSHA (the Mine Safety and Health Administration) and got away with it," the Senate report concludes, commenting on documents showing, among other things, that Murray and his company would seek to have tough inspectors fired or reassigned — apparently sometimes with that desired result.
Murray Energy has denounced the report as "politically motivated, irresponsible and unjustifiable." But documents attached to it outline how federal inspectors and their bosses saw Murray as difficult and hostile. They warned each other to be wary of him. Still, they would sometimes give in to his demands to back off on enforcement.
"Murray can be personable until he feels that you have crossed him. He will take any statement and twist it to his advantage," Sargeant wrote. "He can become abusive if he feels that it will serve his purpose. His sole intent is to discredit the inspectors that are enforcing the law."
Documents show that MSHA inspectors in Utah immediately had problems with Murray Energy when it bought mines here.
"Bob Murray, an extremely difficult coal operator, has purchased the West Ridge Mine and their people took over yesterday. Donny (an inspector) wrote an order on their longwall for 80 damaged hydraulic hoses to be replaced, and they are alleging retaliation and have informed our FO (field office) supervisor they will work to get him removed as an inspector," wrote MSHA District 9 manager Allyn Davis in a Aug. 23, 2006 e-mail.
"I expected we would have trouble with this operator, but didn't expect it on the second day after they took over," he added. "They also told my supervisor they have been very successful at getting MSHA people removed in other districts."
Davis wrote in another e-mail to officials a week later about potential research on coal mining in Utah, "Our relationship with Mr. Murray has been stormy thus far. That is also the pattern of his relationship with MSHA at his eastern mines. Just wanted to give you a heads-up on that. He may not be a willing participant if he senses anything you do could impact his ability to produce coal."
A few months later in October 2006, assistant district 9 manager Bill Knepp wrote to Kevin Strickland, administrator of MSHA's Office of Coal Mine Safety & Health, that Murray's takeover of the Aberdeen Mine in Utah had been stormy for inspectors.
"They have aggressively opposed enforcement actions taken by Inspectors Durrant and Schumway, accused them both of retaliation, met with Supervisor Farmer and attempted to dictate how inspections should be performed at mines. All indications so far are that this operator intends to use whatever means available to leverage enforcement at their mines," he wrote.
That same month, Cornett wrote about a conference call he earlier had with Murray and some field inspectors from Price.
"Murray also got vocal on the issue of Tim Thompson having inspectors put a closure order on his longwall and that he complained to someone in Congress about it and that Mr. Thompson resultantly lost his job. Mr. Murray did state that he did not have Thompson fired, but that he would not stand by and be treated wrongly and would complain," he wrote.
Cornett also wrote that he had brought up in meetings with Murray Energy officials that his inspectors had heard that the company referred to inspectors as "enemies" and bragged about getting rid of some. He said he told them that it would be difficult to improve relations if the company said or believed such things.
One document suggests Murray Energy's combativeness did pressure MSHA into lightening up on enforcement at Crandall Canyon. An example is outlined in a Nov. 1, 2006, memo by Crandall Canyon Safety Manager Jim Paulson describing a meeting with Davis and Cornett of MSHA complaining that inspections were suddenly more strict with a new inspector.
"We discussed with Mr. Davis that the change in enforcement, without giving the operator time to comply with what was previously accepted standards, was unjust and warranted relief," he wrote.
"Mr. Davis committed to investigating and pulling back enforcement to allow the operator time to comply," the memo said. As Murray Energy complained further about overzealousness of an inspector, the memos said, "Mr. Davis again commented he would look into this issue and pull back enforcement."
Senate investigators said they asked Davis about that claim. He said he had assigned the complained-about inspector to certain Murray Energy mines because he knew the inspector would hold them to a strict standard. After the meeting described, he said he agreed to give the company "about a week" respite from enforcement.
Documents suggest that Murray Energy became even more combative.
A Nov. 7, 2007, e-mail by Cornett said an inspector reported that Murray's "mines are doing less in compliance since Murray took over and that if you want something corrected or done different, you would have to cite it to get it fixed. There is no grey area with management now, if you don't issue a citation or try to suggest they do something, they will not do anything without paper."
The same day, Kevin Stricklin wrote an e-mail saying he and MSHA chief Richard Stickler had met with Murray and that Murray was upset about inconsistency in enforcement at his mines. So Stricklin asked for a breakdown of inspections at Murray's Utah mines. "All in all, it wasn't that bad of a meeting. I have been in a lot worse ones with him (Murray,)" he wrote.
In a Feb. 1, 2007, memo to Murray, UtahAmerican Energy Inc. President Bruce Hill reports that MSHA's Davis agreed to keep an inspector that Murray disliked away from their mines.
"Davis committed that he would do whatever he could to keep Durant off UtahAmerican property, but would not promise that Durant would never again appear. Durant is currently a temporary field office supervisor in Craig, Colo., but that job will eventually end. Davis stated that Durant received a reprimand for his actions but had been cleared by two government agencies to resume work at UEI. Davis acknowledged that it would be hard for Durant to inspect a UEI mine without bias."
Finally, an Aug. 3, 2007, memo, written just days before the Crandall Canyon disaster, Hill wrote a report to Murray that it instituted a blanket policy of contesting all MSHA safety citations, regardless of their merit.
"We (Murray Energy) are now contesting all violations issued to UEI mines as discussed on our conference call this week." That included, he said, one fine of $75,400 for having 29 citations in 24 months for violating a rule about accumulation of combustible materials such as coal dust.
The Senate report says, "Such an institutionalized policy of battling regulators without regard to the merits of a particular citation bespeaks an inappropriate attitude toward safety."
E-mail: lee@desnews.com
Recent comments
I am a union pipefitter, and no one bullies me! If they do, the...
mike | March 15, 2008 at 10:33 p.m.
To some of those above: the MSHA is a Federal agency, hence the hearings...
Jack | March 15, 2008 at 5:29 p.m.
Inspectors should do their job. Simply report the problems, then...
Lynn Tilton | March 15, 2008 at 4:29 p.m.
