Davitt McAteer

Last updated

J. Davitt McAteer is an American lawyer, author, and activist from Fairmont, West Virginia. McAteer was appointed to the position of assistant secretary for the Mine Safety and Health Administration from 1993 to 2000 under President Bill Clinton. Throughout his career, McAteer has been an advocate for safe working conditions for miners, particularly in the coal industry. After the Upper Big Branch Mine disaster of 2010, where an explosion caused by negligence led to the death of 29 miners, McAteer Served on Governor Earl Ray Tomblin's independent investigation panel to determine the cause of the explosion. McAteer is the author of "Monongah: The Tragic Story of the 1907 Monongah Mine Disaster".

Contents

Career and research contributions

1966 - 1970

While in law school McAteer conducted a study on the safety of West Virginia mines after the Farmington Mine disaster on November 1968. The findings of his study led to the first Mine Health and Safety Act in 1969. This Act led to the creation of MSHA and also provided compensation to miners completely disabled by black lung disease. The findings of the study were also published under the name "Coal Mine Health and Safety: The Case of West Virginia"

1972 - 1983

In 1972 McAteer greatly improved the United Mine Workers Association's health and safety programs by improving the training of safety investigators. In 1976 McAteer joined the Center for Law and Social Policy in Washington, D.C. where he played a major role in developing two mining laws, an expanded mine health and safety law and also a federal strip mining control law. He was a part of the Center for Law and Social Policy until 1983. [1]

1984 - 1993

After leaving the Center for Law and Social Policy McAteer went on to create the Occupational Safety and Health Law Center. The Occupational and Health Law Center is a law firm located in Shepherdstown, West Virginia and deals with training and analysis of workplace health and safety issues. [1]

1994 - 2000

McAteer served as the head of the Occupational Safety and Health Law Center until 1993 when he was appointed as the assistant secretary for the Mine Health and Safety Administration (MSHA). [2] During his term as the assistant secretary McAteer played a major role in the administration of the Federal Mine Safety and Health Act of 1977. When he was assistant secretary he mainly focused on changing MSHA regulations on coal dust to eliminate black lung disease. One of the ways he did this was revoking a system where exposure to coal mine dust was calculated using the average of multiple samples. [3] He also was the Solicitor for the Department of Labor in 1996 and 1997. [1]

2001 - present

In 2001 McAteer joined the Benefits Review Board of the U.S Department of Labor. The Benefits Review Board makes decisions in appeals of the administrative law judges under the Black Lung Benefits Act and the Longshore and Harbor Workers Compensation Act. [2] In 2005 McAteer was named the Vice President for Special Programs at Wheeling Jesuit University, the University he graduated from in 1966. Mcateer was responsible for overseeing programs that receive federal funding. [4] During the time he was Vice President McAteer also led the investigation into the Upper Big Branch, Sago and Aracoma/Alma No. 1 mine disasters. [3] The Upper Big Branch explosion was responsible for killing 29 coal mine workers and his report concludes it was caused by the neglect of safety regulations. [5]

Legacy

McAteer's publications include “Miner’s Manual: A Complete Guide to Health and Safety Protection on the Job”, which have sold more than 25,000 copies. [1] McAteer has also directed and produced a video named “Monongah 1907”, and also wrote a book about the same mining disaster. [6] He is known for leading the investigation of the Upper Big Branch Mine Disaster, which occurred in 2010. [7] McAteer has been a visiting lecturer at his alma mater West Virginia University School of Law. [1]

Publications

Related Research Articles

Coal dust is a fine-powdered form of coal which is created by the crushing, grinding, or pulverization of coal rock. Because of the brittle nature of coal, coal dust can be created by mining, transporting, or mechanically handling it.

A mining accident is an accident that occurs during the process of mining minerals or metals. Thousands of miners die from mining accidents each year, especially from underground coal mining, although accidents also occur in hard rock mining. Coal mining is considered much more hazardous than hard rock mining due to flat-lying rock strata, generally incompetent rock, the presence of methane gas, and coal dust. Most of the deaths these days occur in developing countries, and rural parts of developed countries where safety measures are not practiced as fully. A mining disaster is an incident where there are five or more fatalities.

<span class="mw-page-title-main">Mine Safety and Health Administration</span>

The Mine Safety and Health Administration (MSHA) is a large agency of the United States Department of Labor which administers the provisions of the Federal Mine Safety and Health Act of 1977 to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents, to reduce the frequency and severity of nonfatal accidents, to minimize health hazards, and to promote improved safety and health conditions in the nation's mines. MSHA carries out the mandates of the Mine Act at all mining and mineral processing operations in the United States, regardless of size, number of employees, commodity mined, or method of extraction. David Zatezalo was sworn in as Assistant Secretary of Labor for Mine Safety and Health, and head of MSHA, on November 30, 2017. He served until January 20, 2021. Jeannette Galanais served as Acting Assistant Secretary by President Joe Biden on February 1, 2021 until Christopher Williamson took office on April 11, 2022.

<span class="mw-page-title-main">Massey Energy</span>

Massey Energy Company was a coal extractor in the United States with substantial operations in West Virginia, Kentucky and Virginia. By revenue, it was the fourth largest producer of coal in the United States and the largest coal producer in Central Appalachia. By coal production weight, it was the sixth largest producer of coal in the United States.

<span class="mw-page-title-main">Don Blankenship</span> American business executive

Donald Leon Blankenship is an American business executive, political candidate, and criminal. He was chairman and CEO of the Massey Energy Company—the sixth-largest coal company in the United States—from 2000 until 2010 when an explosion at Massey's Upper Big Branch Mine resulted in the death of 29 workers. He was imprisoned for 1 year for conspiring to violate federal mine safety standards.

<span class="mw-page-title-main">Black lung disease</span> Human disease caused by long-term exposure to coal dust

Black lung disease (BLD), also known as coal-mine dust lung disease, or simply black lung, is an occupational type of pneumoconiosis caused by long-term inhalation and deposition of coal dust in the lungs and the consequent lung tissue's reaction to its presence. It is common in coal miners and others who work with coal. It is similar to both silicosis from inhaling silica dust and asbestosis from inhaling asbestos dust. Inhaled coal dust progressively builds up in the lungs and leads to inflammation, fibrosis, and in worse cases, necrosis.

<span class="mw-page-title-main">Federal Coal Mine Health and Safety Act of 1969</span> US law

The Federal Coal Mine Health and Safety Act of 1969, U.S. Public Law 91-173, generally referred to as the Coal Act, was passed by the 91st United States Congressional session and enacted into law by the 37th President of the United States Richard Nixon on December 30, 1969.

International Coal Group, Inc. (ICG), is a company headquartered in Teays Valley, West Virginia that was incorporated in May 2004 by WL Ross & Co for the sole purpose of acquiring certain assets of Horizon. ICG eventually operated 12 mining complexes in Northern and Central Appalachia and one complex in the Illinois Basin. In November 2005, ICG had a stock offering on the New York Stock Exchange. In 2011 ICG became a subsidiary of Arch Coal, Inc in 2011.

<span class="mw-page-title-main">Monongah mining disaster</span> 1907 explosion in West Virginia

The Monongah mining disaster of Monongah, West Virginia occurred on December 6, 1907, and has been described as "the worst mining disaster in American history." 362 miners were killed. The explosion occurred in Fairmont Coal Company’s No. 6 and No. 8 mines, and was one of the contributing events leading to the creation of the United States Bureau of Mines.

<span class="mw-page-title-main">Sago Mine disaster</span> 2006 coal mine explosion in Sago, West Virginia, USA

The Sago Mine disaster was a coal mine explosion on January 2, 2006, at the Sago Mine in Sago, West Virginia, United States, near the Upshur County seat of Buckhannon. The blast and collapse trapped 13 miners for nearly two days; only one survived. It was the worst mining disaster in the United States since the Jim Walter Resources Mine disaster in Alabama on September 23, 2001, and the worst disaster in West Virginia since the 1968 Farmington Mine disaster. It was exceeded four years later by the Upper Big Branch Mine disaster, also a coal mine explosion in West Virginia, which killed 29 miners in April 2010.

<span class="mw-page-title-main">Farmington Mine disaster</span> 1968 coal mine explosion in Farmington and Mannington, West Virginia, USA

The Farmington Mine disaster was an explosion that happened at approximately 5:30 a.m. on November 20, 1968, at the Consol No. 9 coal mine north of Farmington and Mannington, West Virginia, United States.

Safety and Health in Mines Convention, 1995 is an International Labour Organization Convention. It was adopted at the 82nd International Labour Conference (ILC) of the International Labour Organization (ILO). The ILO is an agency under the United Nations that deals with international labor issues while promoting workers rights and opportunities. One of ILO's goals is to hold annual labor conventions to create legally binding contracts for participating nations to ratify. During the Safety and Health in Mines Convention (C176), it was recognized that there are inherent hazards in the mining workplace, and a need for a convention was mandatory.

The Darby Mine No. 1 disaster in Harlan County, Kentucky, USA, on May 20, 2006, killed five miners and left one survivor.

Rock dust is a pulverized rock, usually limestone, sprayed on walls inside underground coal mines to prevent coal dust explosions. The dust acts as a heat sink, keeps coal dust levels down, and also prevents the incidence of black lung disease. Rock dust has been used since the early 1900s, but there have been technological improvements since then.

Mining in the United States has been active since the beginning of colonial times, but became a major industry in the 19th century with a number of new mineral discoveries causing a series of mining rushes. In 2015, the value of coal, metals, and industrial minerals mined in the United States was US $109.6 billion. 158,000 workers were directly employed by the mining industry.

<span class="mw-page-title-main">Upper Big Branch Mine disaster</span> 2010 coal mine explosion in Montcoal, West Virginia, USA

The Upper Big Branch Mine disaster occurred on April 5, 2010 roughly 1,000 feet (300 m) underground in Raleigh County, West Virginia at Massey Energy's Upper Big Branch coal mine located in Montcoal. Twenty-nine out of thirty-one miners at the site were killed. The coal dust explosion occurred at 3:27 pm. The accident was the worst in the United States since 1970, when 38 miners were killed at Finley Coal Company's No. 15 and 16 mines in Hyden, Kentucky. A state funded independent investigation later found Massey Energy directly responsible for the blast.

<span class="mw-page-title-main">Mine safety</span>

Mine safety is a broad term referring to the practice of controlling and managing a wide range of hazards associated with the life cycle of mining-related activities. Mine safety practice involves the implementation of recognised hazard controls and/or reduction of risks associated with mining activities to legally, socially and morally acceptable levels. While the fundamental principle of mine safety is to remove health and safety risks to mine workers, mining safety practice may also focus on the reduction of risks to plant (machinery) together with the structure and orebody of the mine.

<span class="mw-page-title-main">Federal Coal Mine Safety Act of 1952</span> US law

The Federal Coal Mine Safety Act of 1952 is a U.S. law authorizing the federal government to conduct annual inspections of underground coal mines with more than 15 workers, and gave the United States Bureau of Mines the authority to shut down a mine in cases of "imminent danger." The Act authorized the assessment of civil penalties against mine operators for failing to comply with an order to shut down or for refusing to give inspectors access to mine property. The law did not authorize monetary penalties for noncompliance with the safety provisions. In 1966, Congress extended coverage to all underground coal mines.

<span class="mw-page-title-main">Environmental justice and coal mining in Appalachia</span>

Environmental justice and coal mining in Appalachia is the study of environmental justice – the interdisciplinary body of social science literature studying theories of the environment and justice; environmental laws, policies, and their implementations and enforcement; development and sustainability; and political ecology – in relation to coal mining in Appalachia.

<span class="mw-page-title-main">Scotia Mine</span> Coal mining company in Kentucky

The Scotia Mine began operating in 1962 and was a subsidiary of the Blue Diamond Coal Company. The mine was located in the Oven Fork Community of Letcher County, about fourteen miles northeast of the town of Cumberland.

References

  1. 1 2 3 4 5 J. Davitt McAteer (‘70 JD) Archived 2018-03-13 at the Wayback Machine https://www.alumni.wvu.edu/give-back/academy-of-distinguished-alumni/j-davitt-mcateer Archived 2018-03-13 at the Wayback Machine Retrieved 2018-04-04
  2. 1 2 "News Release: 01/03/2001: McATEER JOINS BENEFITS REVIEW BOARD". arlweb.msha.gov. Archived from the original on 2018-04-06. Retrieved 2018-03-30.
  3. 1 2 "Davitt McAteer Statement Before Committee on Education and Labor" (PDF). May 16, 2007.
  4. "News Story - Wheeling Jesuit University". www.wju.edu. Retrieved 2018-03-30.
  5. Berkes, Howard (May 19, 2011). "Report Blasts Massey For 'Deviance' In Safety Culture". National Public Radio. Retrieved March 30, 2018.
  6. Davitt, McAteer (2014). Monongah: The Tragic Story of the 1907 Monongah Mine Disaster. Morgantown, WV: West Virginia University Press.
  7. Fahrenthold, Steven Mufson and David A. (2010-04-14). "U.S. mine safety agency faulted on choice of man to lead probe into explosion". The Washington Post . ISSN   0190-8286 . Retrieved 2018-03-30.