For the investigation into the tragedy in which 12 men died, 93 percent of the Sago hourly paid miners chose to be represented by three co-workers and rejected UMWA representation. But the federal Mine Safety and Health Administration said some of the Sago miners requested the UMWA represent them during the investigation and had a right to be there.
MSHA filed for injunctive relief Wednesday against ICG in federal court, and the state of West Virginia issued citations for ICG’s refusal to allow UMWA representatives to enter the mine. US District Judge Robert E. Maxwell did not reach a decision and the hearing was scheduled to resume Thursday.
ICG lambasted both MSHA and the West Virginia Office of Miner Health, Safety, & Training and said they were yielding to UMWA political influence by trying to force the union's participation in the investigation without satisfying the associated regulatory requirements.
“Unfortunately, the UMWA is trying to insert itself into the investigation in a self-serving attempt to boost their organising efforts,” ICG chief Ben Hatfield said.
Hatfield also said there was broad misconception among some elected officials about the UMWA's role in the Sago Mine rescue effort.
“Although we greatly appreciate the valiant efforts of all 15 rescue teams deployed during this rescue effort, including both union and nonunion members, only 14 of the 106 rescue workers were UMWA members - or roughly 13%,” he said, responding to an article in which Governor Manchin praised the union’s involvement in the rescue effort.
Hatfield described the union’s conduct as wholly inappropriate and disrespectful of the tragic circumstances saying the investigation must be focused on finding answers to the cause of the accident.
The sole survivor of the explosion, Randal McCloy, emerged from a light coma Wednesday but still cannot speak. He is able to respond to simple commands and follow movements with his eyes, The Associated Press reported.
McCloy survived the blast and more than 41 hours of exposure to deadly carbon monoxide.