Cecil Roberts, International President of the United Mine Workers of America (right) listens as Massey Energy CEO Don Blankenship testifies during the hearing on mine safety Thursday in Washington.

Sen. Robert Byrd, D-W.Va., questions panel members Thursday on Capitol Hill in Washington during the Senate Health and Human Services subcommittee hearing on mine safety.

A protester holds a sign behind Massey Energy Vice President and General Council Shane Harvey (left) and Massey Energy CEO Don Blankenship, as they wait to testify Thursday on Capitol Hill in Washington before the Senate Health and Human Services subcommittee hearing on mine safety.

Cecil Roberts, International President of the United Mine Workers of America, right, listens as Massey Energy Company Chief Executive Officer Don Blankenship testifies on Capitol Hill in Washington, Thursday, May 20, 2010, before the Senate Health and Human Services subcommittee hearing on mine safety. (AP Photo/Carolyn Kaster)