Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, January 7, 1992 TAG: 9201080006
SECTION: EDITORIAL PAGE: A-7 EDITION: METRO
SOURCE: ERNEST E. VARNEY
DATELINE: LENGTH: Long
WHY TAMPER WITH DUST SAMPLES?
I HAVE BEEN accused, along with several other coal operators and miners, of conspiracy against the United States in the form of tampering with dust sampling.I have said nothing while this matter has been blown completely out of proportion. Now, I feel, is the time to issue a response.
When this started, we were told by the news media that the coal industry as a whole was in total disregard of the well-being of the workers. This is not true.
Why would anyone tamper with these dust samples? If there was too much dust and the samples were out of compliance, there would be a small fine and the samples run again.
Small operators know their chance of survival in today's market is very slim. They do their best to abide by the law and get along with the inspectors.
Since 1968, I have been a foreman for a large mining company and for myself. I have watched workers turn off these sampling devices off during the shifts. They did not want the devices run the entire shift because if the dust samples were out of compliance, the workers would have to wear them five extra days.
I have explained to union and non-union workers at the large mine and to my own employees the importance of running these samples correctly. I have told them they could be denied black-lung benefits in the years ahead and the samples could be used as evidence.
I was concerned the government would deny these miners benefits; I never dreamed the government would come after me.
A lab contracted by some of the small operators to furnish dust pumps and dust cassettes, and to run samples at the mines, is accused of running the pumps in its office instead of the mines. The lab is alleged to have cards with our names signed to them.
The lab did not have my permission to have signed cards with my signature. If it has these cards, they are cards picked up, without my knowledge, for cassettes not yet run at the mine.
During the time of this alleged wrongdoing, I was operating one mine in Virginia with a co-owner, and another in Kentucky. On my way to Kentucky, I would always stop at the Virginia mine. If they were in the process of running samples, I would sign the cards because I was certified to do so. Other persons were also certified to sign them, but sometimes the Mine Safety and Health Administration's computer would reject them and the samples would have to be run again.
The crime I am guilty of is not checking these samples every two hours while they were being run and seeing they were postmarked within 24 hours. With six or seven samples to run with one or two pumps, it took about four days to complete them. The lab would then collect the samples and mail them.
According to the MSHA investigator, each of these samples should have been mailed within 24 hours - not the entire group of samples. I admit I was not interpreting the law correctly.
During the years I have been in business, MSHA has been required to run its own pumps and cassettes on my employees. During these MSHA-run samplings, some inspectors made frequent checks of the sampling devices. Other inspectors made infrequent or no checks.
In regard to the mine in Kentucky that I am being charged with, I do not remember running the pumps myself. I was there approximately four months. An inspector did put pumps on my employee and left the job site to investigate another mine. These pumps were not checked during the shift, but were picked up that evening by an inspector.
The only time I can remember being out of compliance with MSHA's own sampling was in 1976. This non-compliance was due to low coal conditions and the drillman getting a void sample. His cassette kept turning over and the coarse particles would fall back onto the cassette. MSHA inspectors came to the mine and ran samples for five days to make sure the mine was in compliance.
During the 15 years I have been in business, if my mines were not in compliance with dust standards, MSHA's own sampling should have shown this. MSHA would not have let this sort of neglect continue.
I am sure others accused of this act are not guilty of any conspiracy against the United States. I have been a small operator since 1976. I have owned both union and non-union operations. I have always carried health cards and life insurance on all my employees and their families.
Does this sound like a person who has no regard for his worker's health and safety?
I have worked inside these mines myself. My employees have included my brothers, close friends, and some of the most capable miners in the industry. I have never sent anyone in an area that I would not work. Since 1968 to present, I have worked these mines and I am still in good health.
I am a very private 45-year-old man. I have never been in the news before and suddenly I'm headlines in four states. I only wish it had been good news.
I apologize to any past or present employees who have read these articles and are concerned that I worked them in unsafe conditions. I did not. Ernest E. Varney , of North Tazewell, owns a coal mine in Herndon, W.Va.