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1 * * * * * * * * 2 Public Hearing 3 on the 4 Sago Mine Disaster Page 1 1 * * * * * * * * 2 PUBLIC HEARING 3 ON THE 4 SAGO MINE DISASTER 5 May 2, 2006 - May 4, 2006 6 * * * * * * * * 7 8 May 2, 2006 9 10 * * * * * * * * 11 West Virginia Wesleyan College 12 Rockefeller Physical Education Center 13 Buckhannon, West Virginia 14 * * * * * * * * 15 16 17 18 REPORTER: Miranda D. Elkins 19 20 21 22 23 Any reproduction of this transcript is 24 prohibited without authorization by the 25 certifying agency. Page 2 Page 4 1 A P P E A R A N C E S 1 A P P E A R A N C E S 2 2 3 DAVITT MCATEER, 3 KEVIN STRICKLIN, 4 Chair 4 MSHA District Manager, District 5 GOVERNOR JOSEPH MANCHIN, 5 Three Office, Morgantown 6 Governor State of West Virginia 6 BRIAN MILLS, 7 RAY MCKINNEY, 7 Inspector at Large, WVMSHT 8 Administrator, MSHA 8 JOHN COLLINS, 9 JAMES DEAN, 9 District Inspector, WVMSHT 10 Director WV Office, MHST 10 KEN TENNEY, 11 SENATOR JEFFREY KESSLER, 11 Field Office Supervisor, 12 Senate Judiciary Committee 12 Bridgeport 13 DELEGATE WILLIAM HAMILTON, 13 ED CLAIR, 14 Delegate, WV 14 Associate Solicitor, MSHA 15 DELEGATE EUTACE FREDERICK, 16 Delegate, WV 15 BENNETT HATFIELD, 17 SENATOR SHIRLEY LOVE, 16 President/CEO, ICG 18 Senator, Oak Hill 17 JEFFREY TOLER, 19 DELEGATE MIKE CAPUTO, 18 Superintendent, Sago Mine 20 Delegate, WV 19 SAMUEL KITTS, 21 SENATOR DON CARUTH 20 Senior Vice President, WV&MD, ICG 22 Senator, Mercer 21 CHARLES SNAVELY, 23 22 Vice President, ICG 24 23 TYRONE COLEMAN, 25 24 Manager for Safety, WV, ICG Page 3 Page 5 1 A P P E A R A N C E S 1 A P P E A R A N C E S 2 PEGGY COHEN, 2 3 Daughter, Fred Ware 3 JOHN STEMPLE, JR. 4 VIRGINIA MOORE, 4 Assistant Director of Safety and 5 Fiancé, Terry Helms 5 Employee Development, ICG 6 AMBER HELMS, 6 CARL CRUMINE, 7 Daughter, Terry Helms 7 Mine Foreman, Sago Mine 8 RUSSELL BENNETT, 8 FRED JAMISON, 9 Son, Marty Bennett 9 Fire Boss, Sago Mine 10 PAM CAMPBELL, 10 11 Sister-In-Law, Marty Bennett 11 12 SAMANTHA LEWIS, 12 13 Wife, Dave Lewis 13 14 CHRISTOPHER TOLER, 14 15 Son, Martin Toler 15 16 SHELLY GROVES ROSE, 16 17 Daughter, Jerry Groves 17 18 JOHN GROVES, 18 19 Brother, Jerry Groves 19 20 DEBBIE HAMNER, 20 21 Wife, George Hamner 21 22 CHARLOTTE WEAVER, 22 23 Wife, Jackie Weaver 23 24 ANN MEREDITH, 24 25 Daughter, James Bennett 25 2 (Pages 2 to 5) Page 6 Page 8 1 I N D E X 1 P R O C E E D I N G S 2 STATEMENTS 2 --------------------------------------- 3 By Chair 8 - 14 3 CHAIR: 4 By Governor Manchin 14 - 23 4 My name is Davitt 5 By Mr. McKinney 24 - 28 5 McAteer, and I want to welcome all of 6 By Mr. Dean 28 - 34 6 you here this morning. We'd like to 7 By Senator Kessler 34 - 37 7 open with a prayer and a pledge of 8 By Delegate Hamilton 37 - 41 8 allegiance, and then we'll begin the 9 By Delegate Frederick 41 - 43 9 process. If you could stand for 10 By Senator Love 43 - 45 10 prayer, please. 11 By Delegate Caputo 45 - 49 11 PLEDGE OF ALLEGIANCE RECITED 12 By Senator Caruth 49 - 53 12 CHAIR: 13 STATEMENTS OF FAMILY MEMBERS 13 I would like to thank the 14 By Peggy Ware- Cohen 55 - 59 14 staff of West Virginia Wesleyan for 15 By Virginia Moore 60 - 61 15 hosting this hearing, and for the 16 By Amber Helms 61 - 66 16 support and cooperation that they have 17 By Russell Bennett 66 - 67 17 provided to everyone affected by the 18 By Pam Campbell 67 - 69 18 Sago tragedy and involved in the 19 By Samantha Lewis 69 - 72 19 investigation for the past four months. 20 By Christopher Toler 72 - 74 20 They have been marvelous. 21 By Shelly Grooves Rose 74 - 77 21 In a moment, I'll outline 22 By John Groves 77 - 85 22 the procedure we'll be following. 23 By Debbie Hamner 85 - 90 23 First, however, I would ask us to stand 24 By Charlotte Weaver 90 - 95 24 once more for a moment of silence for 25 By Ann Meredith 92 - 102 25 the 12 miners who perished in this mine Page 7 Page 9 1 I N D E X 1 disaster. 2 STATEMENTS 2 MOMENT OF SILENCE 3 By Kevin Strickland 103 - 116 3 CHAIR: 4 By Brian Mills 116 - 124 4 Thank you. This public 5 By John Collins 124 - 128 5 hearing on the Sago Mine disaster 6 QUESTIONS OF PANEL TWO 128 - 191 6 augments a joint investigation by the 7 STATEMENTS 7 West Virginia Office of Miners' Health, 8 By Bennett Hatfield 192 - 198 8 Safety & Training, and the Federal Mine 9 By Jeffrey Toler 198 - 207 9 Safety & Health Administration. 10 By Bennett Hatfield 207 - 210 10 Historically, 11 QUESTIONS OF PANEL THREE 210 - 486 11 investigations of mine disasters in the 12 CERTIFICATE 487 12 United States have never involved the 13 13 families of the victims. That era ends 14 14 today. The families of the victims 15 15 have more at stake than anyone else in 16 16 this room. They want to know that 17 17 their men, their husbands, fathers, 18 18 sons, fiancées and friends did not die 19 19 in vain. 20 20 They have the right to 21 21 expect those in authority to do right 22 22 by their men. They have the right to 23 23 participate in this hearing, and they 24 24 have the right to insist that their 25 25 questions be answered. Most of all, 3 (Pages 6 to 9) Page 10 Page 12 1 they have the right to expect that 1 circumstance of the explosion and then 2 everything necessary will be done to 2 to the rescue and recovery effort. 3 improve mine safety conditions in the 3 At each stage, we will 4 United States, so that the Sago Mine 4 focus on causation and what can be done 5 disaster will be remembered as the 5 to prevent further types of accidents 6 turning point in this country's 6 from happening. Clearly, they are of 7 history. 7 equal importance in determining what 8 Toward that goal and in 8 went wrong at Sago. In order to 9 that spirit, we have convened this 9 attempt to establish an orderly 10 panel, this meeting. In addition to 10 process, we have adopted a set of 11 the Mine Safety & Health Administration 11 procedural rules, which you will find 12 and the Office of Miners' Health, 12 attached to your agenda. The 13 Safety & Training, the legislative 13 representatives of MSHA and the West 14 bodies of the West Virginia Senate and 14 Virginia Office of Miners' Health, 15 House of Delegates have both 15 Safety & Training will ask questions of 16 established investigative panels. The 16 the witnesses, representatives of the 17 members are here as part of their 17 family will also ask questions of the 18 charge to review the tragedy in order 18 witnesses. The legislators will ask 19 to formulate legislative actions to 19 questions of the company and will ask 20 build on the legislation that Governor 20 questions 21 Manchin introduced and that the 21 --- and will ask questions of the state 22 legislature enacted earlier this year. 22 and federal witnesses through the 23 The West Virginia Board 23 Chair. 24 of Coal Mine Safety & Health, whose 24 Other participation and 25 members are here also today is charged 25 members of the public may submit Page 11 Page 13 1 with reviewing accidents, so as to make 1 questions in writing, which we will 2 recommendations. Also, as part of the 2 direct to the appropriate third parties 3 legislation adopted earlier this year, 3 to address. We will do our best to see 4 a joint committee representing labor 4 that these questions are addressed in 5 and management was established to 5 the course of the hearing. They will 6 review mine safety technology, and they 6 also be made part of the official 7 are with us as well. 7 record. 8 The United Mine Workers' 8 The record will remain 9 of America is represented today by its 9 open for 30 days following the hearing, 10 president, Cecil Roberts. Both in its 10 and questions and comments, suggestions 11 capacity as the nation's longest 11 and other materials relevant to the 12 standing advocate of improved mine 12 purposes of the hearing may be 13 safety & health, and also as a 13 submitted to me by 14 representative of some of the miners of 14 e-mail or mail at the address shown on 15 the Sago Mine. Some of the Sago miners 15 the procedures page. 16 have also chosen other representation, 16 If you have any questions 17 and they are represented here as well 17 about the procedures we are following, 18 today. 18 I would ask you to hold those until we 19 I will be chairing this 19 have a break, at which time I will 20 meeting, and I will ask for your 20 attempt to address those concerns. 21 patience while I briefly outline the 21 Now, it is my privilege 22 procedures we will follow.
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