Read the state report here.
BECKLEY -- West Virginia regulators cited three mine officials and issued more than 250 violations in their investigation of the Upper Big Branch Mine Disaster, but took a measured tone in describing what caused the worst U.S. coal-mining disaster in nearly 40 years.
State investigators have concluded that poor ventilation, inadequate cleanup of coal dust and a routine failure to fix safety problems led to the April 2010 explosion that killed 29 miners at a Massey Energy operation in Raleigh County.
The state Office of Miners' Health, Safety and Training generally agreed with three previous reports about how the blast occurred, but did not break the 253 violations issued to the company into those that contributed to the disaster and those that didn't.
Agency officials have yet to set the proposed fines for all of the violations. Generally, state mine safety fines are up to $3,000 per violation. But 22 of the Upper Big Branch violations were written as "special assessments" that could draw fines of up to $10,000. One of those was for Massey's failure to report the explosion within 15 minutes - a violation that draws an automatic fine of $100,000.
In a nearly 600-page report, state officials traced the explosion to a small ignition of methane gas in the mined-out "gob" area behind Upper Big Branch's longwall mining machine.
The longwall's shearer likely sparked when it hit a piece of sandstone, state officials said. That ignition, the state report said, erupted into a huge blast when it hit accumulations of coal dust that had been allowed to build up without being properly neutralized.
But state investigators outlined their findings in a report that was much more mildly worded than previous reviews by an independent team, the United Mine Workers union and the federal Mine Safety and Health Administration.
"The removal of hazards and violations identified during required mine examinations were not corrected in a timely manner," the report said, in perhaps the strongest language it used.
In an interview, state mine safety director C.A. Phillips explained there were reasons his agency's conclusions were much less harshly worded than previous investigation reports.
"We have to base any actions we take on facts and not allegations," Phillips said. "If we write a violation, we want to win that violation."
Phillips and his investigation team released their report Thursday morning, first in a more than 2 1/2-hour, private meeting with families of the miners who died and then in an afternoon news conference. Both of those events were held a convention center in Beckley. Later in the day, state officials provided their report to officials from Alpha Natural Resources, which bought Massey in June 2011, in a meeting at the Glade Springs Resort.
The report's release comes one day after U.S. Attorney Booth Goodwin charged one of two Upper Big Branch superintendents, Gary May, with conspiring to violate safety laws and cover up the resulting hazards in a scheme aimed at putting coal production ahead of worker safety. Court records indicate May is expected to reach a plea deal and is cooperating with investigators, suggesting prosecutors may continue to move up the Upper Big Branch management ladder.
Jack Bowden, whose son-in-law, Steve Harrah, died at Upper Big Branch, said after the meeting that families were relieved to see the federal criminal probe progressing.
"I hope he goes up the ladder and down the ladder," Bowden said. "It was murder, basically. [Former Massey CEO] Don Blankenship should be held accountable."
Former coal miner Clay Mullins, whose brother Rex Mullins died in the disaster, said he blames not only Massey, but also state and federal mine safety officials who were supposed to ensure miners have a safe place to work.
"I hold Massey responsible. I hold MSHA responsible, and I hold the state responsible," Mullins told a small group of media gathered outside the family meeting. "They all failed."
As details of the state's investigation were released, lawmakers in Charleston were stalled this week in working out mine safety reform legislative language that coal industry lobbyists would not oppose. The cornerstone of the proposed bill is Gov. Earl Ray Tomblin's plan to fight drug abuse in the coal industry, a problem that no investigator has suggested had anything to do with the Upper Big Branch deaths.
One sticking point in the legislation is industry opposition to an effort to rewrite state law to hold higher-ranking corporate officials more responsible for safety problems at West Virginia's mines - a change state investigators argued for in their new Upper Big Branch report.
"Individuals involved in the day-to-day decision making at the mine must be held accountable regardless of their title," the state report said. "The mine foreman is the highest ranking official that current state law addresses."
State investigators also complained in their report that they had little authority over industry ventilation practices, another issue that is being considered for new legislation.
As the two-year anniversary of the deadly blast approaches, the state agency's report is the last formal investigation document expected. Still to come is an MSHA "internal review" meant to examine how federal officials performed in protecting the Upper Big Branch miners.
Phillips said Thursday that his agency has decided to do an internal review similar to MSHA's to examine the state's actions at Upper Big Branch. While the effort would be modeled after MSHA's self-examination, Phillips said he was not sure if the state's report would be made public.
In most technical respects, state investigators appear to have reached conclusions largely similar to those of MSHA, UMW safety experts and the independent team led by longtime mine safety advocate and former MSHA chief Davitt McAteer.
The reports all agree that the explosion involved an ignition of a small amount of methane gas that transitioned into a massive coal-dust explosion.
Like the other teams, state investigators said the ignition was likely sparked by the longwall shearer's cutting teeth and developed into a huge explosion when it hit coal dust spread throughout the mine. But, the state report held out the possibility that it could have been caused by falling rock hitting sandstone behind the longwall.