CHARLESTON, W.Va. — After former Massey Energy CEO Don Blankenship received a maximum sentence of a year in prison for willfully conspiring to violate mine safety standards Wednesday, U.S. Sen. Joe Manchin is pushing for harsher punishment for such violations.
Manchin sent a letter to the Senate Committee on Health, Education, Labor and Pensions urging them to make it a felony to knowingly violate safety standards in mines by acting on the Robert C. Byrd Mine Safety Protection Act of 2015.
“We’re pushing, and we’re gonna push hard now, and continue to push on the piece of legislation that changes the sentencing guidelines,” Manchin said on MetroNews “Talkline” Thursday. “I think that every person, every family member and the prosecutors would have gotten (sought) a five-year sentence and minimum $1 million fine.”
Manchin said an ideal coal mine owner makes safety a priority, something he didn’t see at Upper Big Branch mine, where an explosion killing 29 miners led to the Blankenship trial, or at Aracoma Alma Mine in Logan County, which saw a mine belt fire kill two miners in 2006.
“I’m telling you there is a difference. When you find somebody that permeated that, and it permeates from the top and they’re found guilty in a court of law, then the punishment should mirror up with the crime,” he said.
In Manchin’s opinion, despite Blankenship’s maximum sentence, he wasn’t punished severely enough.
“That’s exactly my opinion. If we can get this bill changed I’ve been working on, punishment is up to five years in jail and a maximum $1 million fine or both for the first offense. It’s two years and $2 million for the second offense.”
Manchin said that had the law been acted on sooner, Blankenship would have been convicted of a felony.
“I’m sure that he would have been convicted of a felony on his record, with a five-year sentencing and a $1 million fine, as sure as I’m sitting here,” Manchin said.
Manchin stated in his letter that the proposed law would “close loopholes in the 1952 Federal Coal Mine Safety Act and enhance the Mine Safety and Health Administration’s ability to enforce the law.”
Blankenship will self-report to prison for his year sentence at a date to be determined.