from a harlan county coal miner

from a harlan county coal miner

Posted in the Harlan Forum

Harlan County Coal Miner


#1 May 31, 2010

Court Orders MSHA has No Proof against All Individuals In Preliminary Injunction Mining Case.

Pineville, Ky, May 28, 2010--- The U.S. District Court, in a decision issued yesterday, told the Mine Safety and Health Administration (MSHA) that it had no proof for a Preliminary Injunction against three named individuals in a case filed by the agency against Manalapan Mining Company, Inc., Left Fork Mining Company, Inc. and those named individuals, after a hearing two weeks ago in Lexington. Both companies released the following joint statement.

"Manalapan Mining Company and Left Fork Mining Company are pleased with yesterday's ruling by the Federal Court in ordering that MSHA's reason for naming three individuals 'fails to justify their presence in this action.' Two of the individuals were several miles away from the minesite when MSHA arrived on the scene, and could not possibly have interfered with an already initiated inspection. The companies are very pleased that Judge Van Tatenhove recognized that MSHA had 'no allegation or proof of aggravated conduct and no allegation or proof that either of the Bennetts or Mr. Partin knowingly authorized, ordered, or carried out a violation.'"

" The lawsuit and recent media blitz by MSHA against these companies, and the individuals, are the latest in a series of ongoing attacks by the agency, motivated by purposes other than mine safety, as borne in this decision. It is hoped that MSHA will take note of the Judge's directive and dismiss its unsupportable charges."

"As Judge Van Tatenhove noted, this decision will 'do nothing more' than 'only require the companies to comply with the law as written,' which has been and continues to be the position of both companies. Unfortunately, the damage to both companies and all persons has already been done. The lawsuit, and subsequent press releases by MSHA, served only to defame the personal integrity of the individuals and the companies in the eyes of the companies' customers and the public, which did a great disservice to the citizens of Bell and Harlan counties, and the mining industry as a whole."

Since: Jul 13

Location hidden

#2 Jul 17, 2013
How can you defame a bunch of crooks who want pay they're bills treet vendors like dirt and have no respect for the men that worked for them for years.Ben Bennett was nothing but a tree hugger in Colorodo when his dad got sick and got him to run the company. Poor ol George ran most of the men and vendors off with his I no everything "attitude" he and Ben broke the company not MSHA. I worked for these nuts for a few years so I got to see it first hand. Oldman Bennett would roll over in his grave if he knew what his iddit sons did to this multi- million dollor company. I watched there so called supervisors dup MSHA every day from falsifying records to hiding unsafe equipment. I am sure MSHA overstepped there bounds at Left Fork but MSHA was lied to so many times they were affraid someone was going to get killed (just look at there track record). I could go on for hours but I am shacking so bad over the way Ben Bennett did to the people that tried to help him I get sick to my stomach to think he could say he was defamed. And to use the word disservice makes me want to puke. I hope Ben has another comment ,I know things on him that make him sell his four houses and go back to hugging trees.

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