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MSHA says Massey allowed highly explosive methane gas and coal dust to accumulate at Upper Big Branch, and that worn and broken cutting equipment created the spark that ignited the fuel on April 5, 2010. Broken and clogged water sprayers allowed a mere flare-up to turn into an inferno that ripped through miles of underground tunnels and killed men instantly. In its final report, MSHA said the root cause of the explosion was Massey's "systematic, intentional and aggressive efforts" to conceal life-threatening problems. Managers went so far as to maintain two sets of pre-shift inspection books
-- an accurate one for itself, and a fake one for regulators, MSHA said. Still, in the year before the blast, MSHA issued more violation orders at Upper Big Branch than at any other U.S. mine. It shut the mine down 48 times that year but had to let it reopen when problems were fixed. Between Jan. 1, 2009, and the day of the blast, MSHA cited Upper Big Branch for 645 violations and imposed penalties of more than $1.2 million. Bernstein says investors didn't know about them. He represents plaintiffs in a pending class-action lawsuit against Massey in U.S. District Court in Beckley, accusing Massey of violating the Securities Exchange Act. The investors say Massey repeatedly claimed to be one of the safest operators in the industry, regularly touting safety achievements and leading them to believe that safety was a corporate priority. Three investigations of Upper Big Branch, however, have since concluded the company regularly put production and profits before the health and welfare of its workers. Massey asked U.S. District Judge Irene Berger to dismiss the investors' case in April, but the plaintiffs
-- led by the Massachusetts Pension Reserves Investment Trust -- argue that MSHA revelations about Massey's deceptive practices constitute new evidence. They want to refile their complaint.
[Associated
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