The field hearing was held at the Beckley Armory in southern West Virginia, and Manchin was the first to speak before the committee. He said that support, protection for, and honorable representation of the fallen and their families had been his first priority since learning of the explosion.

“In this day and age, we should be able to mine coal safely without risking the lives of our miners – the very people we depend upon to sustain our way of life,” he said.

“That is why, since the tragedy at Upper Big Branch, my main objectives have been to determine what occurred, make certain it does not happen again, and determine whether there was intimidation or any other action at Upper Big Branch that put profits ahead of safety.”

Manchin reiterated that he had appointed former US Mine Safety and Health Administration assistant secretary Davitt McAteer to head an independent investigation into the explosion, which was now underway. McAteer was also tapped by Manchin to lead the reviews into the Sago and Aracoma mine accidents in 2006.

“Mr McAteer has assembled a team of independent experts to work alongside director Ron Wooten and his team of state investigators from the West Virginia Office of Miners’ Health, Safety and Training,” Manchin noted.

“Director Wooten and Mr McAteer have been working closely with MHSA and will continue to do so throughout this process.”

What the industry, families and public need now, he continued, is answers, including why serious safety violations occurred repeatedly at the mine, if miners were concerned for their safety, if workers were threatened or intimidated, and why the mine was permitted to continue to operate if state and federal regulators had knowledge of working conditions.

“There has been much discussion about administrative and judicial procedures that can allow a mine to remain open in the face of significant safety violations that would otherwise warrant a closure order,” Manchin said.

“We need to ask ourselves: Is bureaucracy getting in the way of safety?”

The governor also outlined to the regulatory committee that he had asked the independent panel and the state’s Board of Coal Mine Health and Safety to recommend legal reforms for the industry. His plan is to incorporate the proposals of both groups, add his own recommendations, and compile a comprehensive mine safety plan for the state’s operations.

“One proposal that I think is critical is the establishment of certified mine safety teams in every mine. I envision teams of miners in each mine that are trained and certified to identify dangerous situations … [and] these miners should be empowered to make decisions and take actions, and should be protected by law from threats, harassment or intimidation.”

Rock dusting standards also needed to be reviewed. Manchin had ordered Wooten and the WVOMHST to commence testing the state’s mines for compliance with an 80% total incombustible content rock dust standard, a figure recommended by the National Institute for Occupational Safety and Health.

“I believe West Virginia should mandate this standard,” he said.

Manchin’s proposals also include the update of mine ventilation standards in the state code; enhanced criminal penalties for equipment altering or tampering; the incorporation of more accident prevention and rescue technology; and the enhancement of whistleblower protections.

“In addition to specific reforms, we should re-examine our overall regulatory schemes – both state and federal,” he said.

Manchin said corporate governance was something federal regulators should address, but pointed out that many mining companies in the state and across the US operated with excellent safety records and put safety above all else. He commended the achievements of those companies and encouraged others to follow suit.

“We need to look at what these companies are doing that is above and beyond what is legally required, and ask ourselves whether their standards should be required at every coal mine,” he said.

“If a company can focus on safety ahead of profits and still compete in a global marketplace, every company can build a successful business model around a culture of safety. I want to challenge the coal industry to set a new bar for workplace safety.”

Families take turn at podium

The families of the 29 men lost in the Upper Big Branch explosion were also on hand for the committee hearing Monday, calling the operation in Raleigh County a disaster waiting to happen.

According to the Associated Press, federal investigators are evaluating allegations that the operator illegally warned workers of the presence of safety inspectors by using code.

"When an MSHA inspector comes onto a Massey mine property, the code words go out, 'we've got a man on the property,'" Gary Quarles, the father of killed miner Gary Wayne Quarles, reportedly testified during the hearing.

"Those words are radioed from the guard gates and relayed to all working operations in the mine."

Quarles also said that workers, once alerted, were expected to quickly fix issues or divert the attention of the inspectors away from problems, according to the news service.

Witnesses before the regulators also reportedly illustrated examples of illegal ventilation changes, methane gas fireballs and coal dust accumulations.

Warning workers of an impending inspection is a violation of federal law. MSHA chief Joe Main said that other federal agencies were considering whether the act could also be a crime.

Earlier this month, the Department of Labor sued two operations for allegedly tipping off crews that inspectors were onsite. Warnings are a misdemeanor crime, punishable by up to six months in prison and a fine of $US1000.

"What some companies may be doing is trying to hide outlaw and illegal activities," Main told the AP after the hearing.