Manchin Tells Coal Execs That He Wants State Employees To Permeate A Retail Mentality by, Jack Swint.
"The mission of the Department of Environmental Protections division of Mining and Reclamation (DMR) is to regulate the mining industry in accordance with federal and state law. Activities include issuing and renewing permits for mineral extraction sites and related facilities, inspecting facilities for compliance, monitoring water quality, tracking ownership and control, and issuing and assessing violations".... WV State Website
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On January 9th 2008, then Governor Joe Manchin spoke to a gathering of national coal executives and other officials during the Coal Symposium. Also, in attendance were US Senator Jay Rockefeller and then deputy director of the DEP Stephanie Timmermeyer. Two Mining Health & Safety managers, Ron Wooten and CA Phillips also attended. Manchins speech was not only about WV coal, but it detailed his personal philosophies and ideas of how he runs government. And, that the state and coal companies should be working together as allies, not opponents. Liken that of the government being an extended arm of the coal industry. Keep in mind, he is speaking to coal executives and chooses his words carefully and intellectually.
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Approximately 6 minutes and 30 seconds into his speech (which is linked below in its entirety) Manchin begins talking about how he directs his people to “permeate the retail mentality” in their approach to work with other agencies and businesses in the state. In this specific case, the coal industry. He clearly implies that his belief in how inspectors should act is in an atmosphere of allowing violations to be corrected over the course of a “week, month or the next rotation.” Manchin actually says that his direction to violations is not to rush in “with a ball bat in hand and issue cease & desist orders or fines.” Going onto say that instead of paying a fine, use that money to fix the violation at some point.
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Manchin actually states that...how it would be more productive because, paying a fine to the government is useless because they dont know what to do with the money! Also, “the government is not going to fix the problem.” This is the same lackadaisical attitude of Don Blankenship of Massey Coal, “Violations are unfortunately a normal part of the mining process,” His approach is reactive instead of pro-active. As a friend, not as an enforcement officer of the state. A good ole boy of … “Hey John, before I write you up.” Is this the same approach that has helped add to the problems that have caused mine disasters and approximately 98 deaths in the coal industry since Manchin took office in 2004?
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This same attitude caused problems that face WV Division of Labor Inspectors who have claimed that there hands are also tied to write violations. According to one inspector we spoke to, “The unions in WV run the Division of Labor In fact, union organizers dictate policies involving when, where and how, when it comes to inspectors doing their jobs.” When asked just how unions can run their office, we were given multiple examples. One stood out more then others of how union contractors undermine inspector’s authority by contacting State officials to “get out of violations” inspectors have cited them for.
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One inspector said, “We have no real authority to enforce laws against union companies.
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A good example of how the coalfields have operated under Manchins way of doing things is evident with the problems at Marsh Fork Elementary School. Allegations arose of children getting sick and deplorable conditions, which was brought about by the Goals Coal facility located immediately behind the school. Manchin was on record as saying that he would do “everything humanly possible” to ensure the students were safe, the governor, also a grandfather, said that he did not know if he would want his grandchildren attending Marsh Fork Elementary.
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Manchin finally ordered the DEP to investigate the school. They complied, and a few days later they walked through the school and commented to each other that everything looked fine. They reportedly took no dust samples, no water samples, they didn’t talk to any of the children or parents there they, more or less dismissed the whole affair. With so little attention paid to detail, it begs the question if these people were inherently incompetent, or if they were following orders from a Division superior.
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But, in 2007 an independent health study was compiled and found serious health problems did exist. (see link below)
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In Closing…
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Placed in any context, Manchins speech to the Coal Symposium is eluding that his approach to enforcing the laws of this state, has been open for interpretation and business? Are laws that were designed solely for public health and safety to be taken lightly? Writing violations and fines is only one part of the big picture. Timely enforcement of the laws, brings pro-active awareness to maintain safety and health concerns instead of reactive measures after the fact.
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Manchin is correct that it is not the place of the government to fix the actual problem/violations. It is the government’s responsibility to ensure that all inspectors have the ability to effectively do their jobs, without interference or direction that promotes health and or safety concerns.
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End Of Story...
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Jack Swint-Publisher
West Virginia News
E-Mail: WestVirginiaNews@gmail.com
Website: http://WVNewsOnline.com
Twitter: @WVNewsOnline
LinkedIn: Jack Swint
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Joe Manchins Speech (quoted comments begin at 6 min 30 seconds into speech)
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DEP Handbook
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Marsh Fork School
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