Posted on 01/25/2006 3:07:03 PM PST by wjersey
The sole survivor of a mine explosion that killed 12 fellow miners emerged from a light coma Wednesday but still cannot speak, his doctor said.
Randal McCloy Jr., who had been in a coma since his Jan. 4 rescue, is able to respond to simple commands and follow movements with his eyes, Dr. Larry Roberts said.
He is now able to chew and swallow soft foods, but the extent of any brain damage remains unknown.
Meanwhile, plans to begin gathering evidence inside the Sago Mine fell apart Wednesday when International Coal Group Inc. refused to let members of the United Mine Workers accompany state and federal investigators underground.
The federal Mine Safety and Health Administration, which had already recognized the union as legal representative for several workers at the nonunion mine, went to U.S. District Court in Elkins seeking an order to grant the union access.
The union's involvement has been a point of contention for nearly two weeks. Nearly 70 percent of ICG's miners are being represented not by the UMW but by three co-workers.
"Some of the Sago miners requested that the United Mine Workers be their representatives for the purposes of this investigation, and they have a right to be there," said Ed Clair, associate solicitor for mine safety and health. "Together, the state and MSHA made a commitment to the families that we would conduct a fair, open investigation, and we decided we needed to take this extraordinary step to keep that commitment."
State and federal investigators had hoped to enter the mine Wednesday, more than three weeks after the deadly explosion.
Hazardous levels of carbon monoxide and other gases had to be vented and water had to be pumped out before investigators could get in, but the mine was finally considered safe.
"No one went in," said UMW spokesman Phil Smith. "And that's frankly as it should be because if this is going to play out the right way _ according to law and according to the wishes of the miners _ then all the representatives of the miners should be there."
A few federal investigators had accompanied a mine-rescue team over the weekend as they re-entered the Sago Mine for the first time since the bodies of the dead miners and one survivor were removed Jan. 4, more than 41 hours after the explosion. The team restarted water pumps and repaired damaged ventilation systems.
Investigators will likely search for such things as scorch marks and melted plastic, examine equipment for signs of a short circuit, establish whether the methane detectors were working and take air samples to check for highly combustible coal dust. They also will track the victims' footprints and look through the miners' lunch pails or other gear left behind.
The cause of the explosion has yet to be determined, but mine owner International Coal Group Inc. has said it occurred in an area of the mine that had been sealed in December.
The accident at Sago was followed by an underground conveyor belt fire that killed two miners at the Aracoma Coal Alma No. 1 mine in Melville. Ellery Hatfield, 47, and Don I. Bragg, 33, died of smoke inhalation, state Department of Health and Human Resources spokesman John Law said Wednesday.
The 14 deaths have prompted calls for tougher mine safety rules at the federal and state levels. A bill shepherded through the Legislature with unusual speed this week by Gov. Joe Manchin requires mine operators to call for help immediately after an accident, keep extra breathing packs underground and equip miners with personal tracking devices.
By the Union that "represents" only a few of the employees?
The mine is private property, the UMW can pound sand.
The owners of this mine bought the company in November of 2005 and they have made great strides in correcting the problems of the previous owners.
What is obvious about it?
Under the Mine Act, the workers can select a safety representative of their choosing. This is not the same as representation by a Union under a collective bargaining agreement, which requires a majority vote of the workers. I suspect ICG will lose on this argument before a fed judge.
That said, with history as a guide, the Union will likely be just as interested in hanging the coal company management as they are in finding the root cause of the accident.
If the investigation determines that lightning striking the surface caused a spark that ignited methane in a sealed area, the company will not be found responsible for the explosion. Federal and state regulations allow sealing mined out areas; it is an accepted practice. There are no regulations that govern the scenario of lightning doing this.
We should let the investigation play out, before convicting the coal execs.
I don't get this. Why do the miners need representatives? What is their function?
He is now able to chew and swallow soft foods, but the extent of any brain damage remains unknown.
It's a start, but it wasn't enough to save Terri from being murdered. Let's hope he continues to improve!
Amen. I hope his road to recovery is swift and that he joins his family once again in total health. God bless him and all those who perished.
I never said that, and of course they have to let the Feds on the property. The UMW is another question.
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