UPDATE:
Though the noise had been stopped when police visited the site, security resumed the noise-blasting shortly after police left. The airhorns are positioned several feet underneath the sitters’ platforms on a nearby tree.
1/24/10
To Whom It May Concern:
I am writing to report that the Marfork Coal Company has been in violation of the West Virginia Office of Miners’ Health Safety & Training noise protocol for several days. Since Thursday, January 21, security has been blasting four airhorns for prolonged periods of time – hours every day – on the Bee Tree Strip Mine. Though I do not have an exact measurement of the volume of the noise, it was significantly greater than the 90-decibel threshold for permissible noise exposure that is articulated on page four of Chapter 3 of the Coal Mine Health Inspection Procedures Handbook. Video of the noise can be seen at the following website: http://climategroundzero.net/2010/01/callmasseyonjan25/
The noise was briefly stopped this afternoon when a victim of the sound exposure contacted the police. After the police left the scene, security began blaring the airhorns again. Though the noise-blasting is directed at tree-sitters on the Bee Tree Strip Mine, it is also affecting all Marfork employees on or near the site. These employees are being intentionally subjected to unreasonably loud and sustained noises. The Coal Mine Health Inspection Procedures Handbook outlines the dangers that miners already face as a result of noise exposure: “The Mine Safety and Health Administration (MSHA) has determined that approximately 13.4% of miners will suffer material hearing impairment during their working lifetime unless preventive measures are taken to reduce overexposures.” Marfork’s decision to subject its workers to this additional noise demonstrates a gross disregard for the health and safety of its own employees, in addition to that of the tree-sitters. Further, this noise-making could be considered felony wanton endangerment under Section 61-3E-10 of the West Virginia State Code. I strongly urge you to launch an immediate investigation into Marfork’s noise practices and hold those who made the decision to sanction the noise-blasting legally responsible.
Sincerely,
Jonathan Sidney
(304) 854-1937
Tags: coal river mountain tree sit, Marfork, noise violation
You should look into filing a law suite. I wouldn’t be surprised if you could file for significant damages if you hooked up with the right attorneys. I will check with attorneys I know.
Andrew, you know many defense lawyers. Wrong ones.
Speaking of violations, how about Massey use the RICO FEDERAL law against the tree sitters. If any person seeks to support, participate in,, assist, organize,etc. in a criminal act, criminal process, or criminal enterprise, then that person has violated the rico law. It provides to athorities a way to criminalize a person’s actions from the bottom (tree sitters) to the top (Roselle) even if the top (Roselle) are not physically cought commiting said crime.
Actually we need to demand that the Feds use the RICO law against the coal industry. Your knuckle draggers threats on the internet are subjected to national laws.
Hey, “Progress Miner” Where are you from anyway? It wouldn’t surprise me any if you were from Beckley or Glen Daniel. It’s pretty much a consensus in the valley that these young folks are heroes, even if no one can show it for fear of losing their jobs.
Route 3, Boone County. 34 years. Consensus? How original considering the Rock Creekers always have an out of state address. Losing job? If I do whooooopy. I will survive. If not I can always depend on the working man, that’s original, I know. Judy Bonds we are in WV, a state the has serious knock against us for being “hillbillies” per say. The term knuckle draggers warrants a classification on you as a racist so please be careful. If not, take that attitude to downtown Charleston if you truly believe in your heart and do all that you stand for to whatever extent we will see. If not please have some regard in you speaking character. I do not like the threats 10 fold more than you, but you are on tape making many of them yourself.
take a look at of the mine in questions “hearing conservation program” that applies to it’s employees, i am sure that if you were there as an escorted/permitted visitor the same provisions would apply to you but since you choose to trespass you wouldn’t know that
Wow, a company is bullying a few young idealistic, peaceful, protestors, and people are talking about Rico? Maybe Naomi Wolf is right and this is the end of America. Who’s drawing “first blood” as they say, is obvious here, even if that first blood is just taking away someone’s ability to hear. Which is pretty significant, insidious act if you ask most humans. There would be riots if this happened in Europe.
I see Progress Miner won’t give his name as many on here do–
BTW- I an not on tape making any threats other than to protect my home- if some one comes to do me harm-we as Americans ALL have that right. So you exaggerate and post much mis information.
knuckle dragger is not a racist comment- what race do you think it refers to? It refers to non thinking – violent bullies of all races and genders. Your comments show your lack of understanding of social understanding. Also – maybe you and your co-workers might want to drive downtown Charleston with your rebel flags all over your trucks.
I don’t have a rebel flag, just a U.S. and as far as drive in downtown Charleston, I have been to places in Charleston you will never know about. Social understanding you could never even walk in th footsteps of my cultural background, but if you would like we can take a drive together, maybe learn from one another. I do know Reverend Watts, and street preacher “Rabbit”. Still comfortable? Now watch next time you post without knowledge. If I am wrong I deeply apologize Judy. When you attack me as being a redneck bully with racist ties, you endanger the works of those who wish to abolish those views. Exactly, I don’t even have a gun or own one. You obviously are upset that someone addressed you in a civil manner, peacefully also. I have been around those who get angry when they meet a civil person whom they are in disagreement with. Try giving a gospel tract to a harden criminal in a prison, or a Bible much less, then you will really see discontentment. They just don’t know how to react when someone that listens to them and is respectful to them has a dialogue with them. It defeats there character. So you get my drift? Yes there are inappropriate actions on our side, and there always will be. You nor I can stop it. We just have to sepeate ourselves from it. You say you want dialogue, but when someone on the other side asks or mentions the terms you use will not help, you act if you need some nitroglycerin. If someonecomes to my home to do harm to my family I am sure to have the same views as you. So in ending I do apologize.
After a discussion with my friends, I now have a clear picture….
It really helps to talk to people who are normally not involved in your business. They can give you a very clear picture on what’s happening….
email blasting…
Last Thursday I visit your Climate Ground Zero site ,I have a special experience after reading your email blasting site/blog….