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Upper Big Branch non-prosecution agreement closes

THE non-prosecution agreement Alpha Natural Resources entered into with the US Attorney’s Office for the Southern District of West Virginia in December, 2011, after its investigation into the Upper Big Branch mine disaster, has ended.

Noel Dyson
Upper Big Branch non-prosecution agreement closes

On April 5, 2010, an explosion at Upper Big Branch Mine, then operated by a subsidiary of Massey Energy Co, killed 29 miners.

Alpha Natural Resources acquired Massey Energy more than a year after the disaster. Six months later it entered into the agreement with the USAO SDWV related to its investigation of the event.

The steps taken by Alpha to meet and, in some cases, exceed the obligations of the NPA included:

  • Building a state-of-the-art Running Right Leadership Academy that has already trained more than 10,000 employees
  • fully funding a $48 million, a first-of-its-kind foundation dedicated to improving mining safety and health through research. The foundation recently funded its first 16 projects
  • working with Matrix Design Group to create an award-winning atmospheric monitoring sensor that improves detection of potentially harmful developments in ventilation. Sensors have been installed in all Alpha underground working sections
  • reducing the total reportable incident rate across the Alpha organisation by 31%
  • providing restitution and resolving matters with the families of deceased miners
  • implementing Running Right at all properties, giving a greater voice to employees. So far thousands of Alpha workers have taken part in performance group and employee involvement group meetings.

During the NPA’s two-year span Alpha committed to and conducted one of the most sweeping training missions in the history of the US coal industry. It delivered the equivalent of 57 years of training hours to miners and support staff.

Every employee in the organisation was trained on Running Right and how to conduct safety observations.

Since the NPA agreement was signed, more than 1.7 million safety observations have been submitted company-wide.

As safety observations have trended up, accident rates have trended down.

Last year Alpha affiliates experienced their lowest on-the-job injury rate in company history.

Alpha executive vice-president and general counsel Vaughn Groves said the company was pleased the US Attorney had determined that Alpha had met or exceeded its obligations under the NPA.

“Throughout this process, we remained committed to responsibly addressing the UBB tragedy and resolving Massey’s liabilities, while implementing safety measures, training and research that will make our industry safer for miners, not just today, but well into the future,” he said.

“We focused on strengthening our safety culture so that the results of this NPA will be positive and permanent.”

The Upper Big Branch Mine was closed immediately after the 2010 explosion. On the first anniversary of the disaster it was announced the mine would be shuttered permanently.

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