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The West Virginia Office of Miners’ Health Safety and Training said earlier this week that foremen Jeffrey Perry, Fred Horton, Christopher Herndon, Dustin Dotson and Terry Shadd could lose their licences permanently, while section foreman Michael Plumly could lose his for a year and belt examiner Carl White for an unspecified amount of time.

WVOMHST spokeswoman Caryn Gresham told International Longwall News Wednesday that White, should he be suspended, will have the length determined by the Board of Appeals.

The workers are being cited for a number of issues, including: Horton for failing to alert others of a needed immediate evacuation; Perry for approving safety inspections completed by workers who were not certified; and Shadd and Herndon for having knowledge of but not acting on the mine’s missing walls, according to an Associated Press report.

Dotson is being looked at for the same violation, as well as insufficient management of the mine’s ventilation system; White and Plumly were overseeing the crew on the day of the fire.

According to the AP, investigators have said the operation was not following its approved mine ventilation plan in that, rather than moving air towards the active section, it was being blown away from it. Additionally, there was an insufficient water supply for fighting fires, and hoses which were not connected due to incorrect fittings.

The fire on January 19 took the lives of Don Bragg, 33, and Ellery Elvis Hatfield, 47.

Gresham explained the steps to be taken from this point by the office in the cases of each of the seven miners: “When, in the course of an accident investigation, it becomes clear to the MHST that a serious situation was ignored or left to remain as it is, the investigators can make a recommendation through the MHST Board of Appeals for a suspension or withdrawal of an individual’s mining certification,” she said.

“The investigator [or] inspector brings the issue before the director of MHST, who then makes a recommendation and forwards it to the Board of Appeals,” she continued.

“Once the board receives the recommendation, they review it and, if the board members believe there is a just reason, notify the individual of the recommendation.”

She also added that once a decision is made by the board it then has a period of 80 days to schedule a hearing for the worker. If he or she chooses to appeal, the matter is filed with the circuit court of the operation’s county or in the office’s home county of Kanawha.

An email seeking comment from Massey Energy was not immediately returned.

“The MHST office recognises the very serious nature of these recommendations for suspension and/or withdrawal of miners' certifications and this was done after careful consideration and deliberation,” said Gresham.

“The charge of the office is to ensure that mines in West Virginia are operated and maintained as safely as possible and that everyone who works in or around a mine recognises and takes to heart the importance of working carefully and safely every day.”