Thursday, February 8, 2018

Wheeling Jesuit says outside review found no fraud The Associated Press Apr 19, 2012




Wheeling Jesuit says outside review found no fraud


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MORGANTOWN, W.Va. -- An independent investigation of Wheeling Jesuit University's billing practices for federal grants and programs in 2008 found no violations of laws or regulations, the school's president said Wednesday.President Rick Beyer said the Board of Trustees voted Wednesday to turn that report over to the U.S. Attorney's Office in Wheeling, adding that the Catholic school in the Northern Panhandle is cooperating in the investigation.Federal investigators are looking into whether the university and a vice president, former Mine Safety and Health Administration chief J. Davitt McAteer, conspired to use millions of federal grant and program dollars from NASA and other federal agenices for personal gain.Some of the allegations against the school and one of the world's foremost experts on mine safety are contained in an affidavit filed by an agent in the NASA Office of Inspector General.Beyer, who issued a similar statement to the Jesuit community late Wednesday, said the administration could only speculate on the focus of the investigation until an affidavit in the case was unsealed. It then decided to release the 2008 report.The university's audit committee requested that review by "independent, special counsel experienced in federal grants who had served as general counsel for a major research university," Beyer said.That person, who was not named in Beyer's statement, "determined the university's cost-allocation method to be permissible under federal regulations and found no improprieties."The school is "committed to openness in all dealings" and to transparency in its cost-allocation methods, Beyer said. It has enlisted help from federal grant experts and a former United States Attorney to "aid us in full cooperation with this investigation," he added.The NASA investigator's affidavit said he has evidence to suggest McAteer and entities within the university fraudulently billed expenses to federal grant programs or cooperative agreements from 2005 through 2011.Those expenses range from McAteer's salary - which surged from $130,300 in 2006 to $230,659 by 2008 - to cellphones, computers, technical support and salaries for other staff, including a secretary in McAteer's Shepherdstown private law office.McAteer's attorney hasn't commented on the allegations, but the affidavit suggests he and the university could face five possible federal crimes - theft of federal funds; major fraud; conspiracy; false claims; and wire fraud.McAteer also is director of Wheeling Jesuit's National Technology Transfer Center and its Erma Ora Byrd Center for Education Technologies, which is named for the wife of the late longtime U.S. Sen. Robert C. Byrd.The technology transfer center does work on mine safety and health, missile defense, health technology and small business partnerships. The Center for Educational Technologies has housed the NASA-sponsored "Classroom of the Future" program since 1990. The space agency began construction of the center in 1993 and later helped build the educational technologies center.Between fiscal years 2000 and 2009, NASA gave Wheeling Jesuit more than $116 million, more than $65 million of that after McAteer took over the school's Sponsored Programs Office in 2005.A finance manager in that office told the investigator that McAteer created the Combined Cost Management Service Center when he took over. Merging the billing of the two centers allowed him "to control and consolidate all the expenses, regardless of whether such expenses were related to the federal awards."McAteer was hand-picked by West Virginia's former governor, U.S. Sen. Joe Manchin, to oversee thorough, independent investigations of three coal mine disasters since 2006. The Sago Mine explosion trapped and killed 12 men in January 2006, while the Alma No. 1 mine fire weeks later killed two more. McAteer also issued the first report on the 2010 Upper Big Branch explosion, which killed 29.The reports he authored are now among the evidence that federal investigators are studying.McAteer has also been a media commentator on cases ranging from the successful rescue of 33 Chilean gold and copper miners trapped underground for nearly 70 days in 2010 to the collapse of Utah's Crandall Canyon mine and the death of six miners, two rescuers and a federal inspector. READ THE FULL ARTICLE HERE>>>
www.DavittMcAteer.com Davitt McAteer & Associates

W.Va. college says internal review found no fraud- Associated Press




W.Va. college says internal review found no fraud


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MORGANTOWN, W.Va. -- The president of Wheeling Jesuit University says a 2008 internal investigation found billing practices now under investigation by federal prosecutors violated no laws.President Rick Beyer says the report by independent special counsel has been turned over to the U.S. Attorney's Office for review.He says the school has been and will remain transparent about its cost-allocation methods.Federal prosecutors are investigating whether the school and vice president Davitt McAteer conspired to misuse millions of grant dollars from NASA and other federal agencies for personal gain and the school's benefit.The allegations are contained in an affidavit that an agent in the NASA Office of Inspector GeneralBeyer says Wheeling Jesuit has enlisted help from federal grant experts and a former U.S. attorney to help it cooperate in the probe.

www.DavittMcAteer.com Davitt McAteer & Associates

WV Book Team: WVU Press digs deep on mine disasters Photo from DAVITT McATEER’s personal collection Apr 19, 2015

On the day after the explosion at Monongah, a large crowd gathered to observe as bodies were carried from both mines.


www.DavittMcAteer.com Davitt McAteer & Associates

Latest coal death brings renewed call for mine safety action Ken Ward Jr. Aug 26, 2017

Longtime mine safety advocate Davitt McAteer is shown speaking at a public hearing held as part of his independent team’s investigation of the Sago Mine Disaster in 2006.
The death on Friday of another West Virginia coal miner is bringing more calls for stepped up action to respond to an increase in mining fatalities in the state.
Owen Mark Jones, 51, of Pickens, was the sixth coal miner to die on the job in West Virginia so far this year. That’s twice the number of miners who died in the state’s coal industry in 2016. Nationally, Jones was the 12th coal miner to die on the job so far in 2017, compared to eight last year.
“The number is increasing across the country,” said Davitt McAteer, a longtime mine safety advocate who ran the U.S. Mine Safety and Health Administration during the Clinton administration. “This doesn’t have to happen.”
At the request of then-Gov. Joe Manchin, McAteer led an independent team that investigated the Jan. 2, 2006, explosion at the Sago Mine in Upshur County. Owen Jones was working there at the time and was among the miners who tried to rush back into the mine to try save their coworkers. Twelve miners, including Owen Jones’ brother, Jesse Jones, died. A great-grandfather of the Jones brothers had also died in an earlier mine explosion.
“Does the Jones family owe us something in West Virginia, or do we owe them something?” McAteer said Saturday. “Where is the outrage? Political leaders should be saying that this doesn’t have to happen.”
Details of what happened at the Pleasant Hill Mine on Friday remained sketchy on Saturday, while state and federal investigators continued their investigation.
Jones was “fatally injured while working” at the Pleasant Hill Mine near Mill Creek in Randolph County, according to a press release from Metinvest, a Ukranian metals and mining conglomerate whose subsidiary, Carter Roag Coal Co., operates the mine.
A production superintendent who called the state’s mine emergency hot line to report the death said that Jones’ body was found outside of the mine in a coal storage pile at about 2:15 p.m. Friday and that Carter Roag officials “have no idea” what happened. The superintendent said he didn’t know if Jones was working outside just prior to his death or if his body was carried outside on a conveyor belt into the coal pile.
“Our loader man called us and said he was moving coal and he was in the coal pile,” the superintendent told the state hot line operator.
In a prepared statement, Gov. Jim Justice said that he and his wife were “deeply saddened” by the news of Jones’ death and that it was “especially heartbreaking to learn that this family has been devastated twice in the last 11 years by losing loved ones in the mines.”
Butch Antolini, the governor’s communications director, did not respond to a request for information about what new mine safety initiatives Justice was launching in response to the rise in coal-mining deaths in the state.
One of the state’s coal mining deaths this year occurred at a preparation plant owned by the governor’s family. The plant operating company, Justice Low Seam Mining, is appealing state citations issued after the death.

CONTINUED Read the full story CLICK HERE>>>

www.DavittMcAteer.com Davitt McAteer & Associates

Ex-MSHA chief talks of need for laws- Davitt McAteer

Ex-MSHA chief talks of need for laws

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CHARLESTON, W.Va. - The investigation of the underground explosion that killed 29 coal miners at the Upper Big Branch mine a year ago underscores the need for new and stiffer laws and better technology, the head of one probe said Thursday.Davitt McAteer didn't reveal any conclusions about the cause of the explosion from a special investigation he is heading for the West Virginia governor's office. McAteer said his report should be released in a matter of weeks.His remarks came during a presentation to about 60 people at an industry safety conference Thursday in Charleston. McAteer is a former head of the federal Mine Safety and Health Administration and was appointed to run a separate state investigation shortly after the April 5, 2010, blast at the Massey Energy Co. mine about 50 miles south of Charleston."First, we need to make advance notice of inspection a felony," McAteer said.Currently, such warnings are a misdemeanor. Upper Big Branch miners have told Congress that Massey had a practice of alerting crews underground when government inspectors arrived. An Upper Big Branch security official is facing federal criminal charges alleging he lied to the FBI about the practice. The official also is accused of directing the disposal of thousands of pages of security documents from the mine."We cannot subvert the inspection system," McAteer said. "Why do you think that the state police don't announce where they're going to place their cars on the highway?"McAteer also called for mines to be required to use more pulverized rock to control highly explosive coal dust. Federal investigators believe excessive coal dust across much of the sprawling underground workings contributed to the explosion that started with a small methane gas ignition. Massey has rejected that conclusion.Mines should be using rock dust barriers to knock down explosions and simply spreading more of the material more often, McAteer said."It is not an expensive fix, it is not a difficult fix, it is a time-consuming fix," he said. "It is a fix, which, if applied, provides that level of mitigation and provides that level of defense that we absolutely have to have."McAteer also called for mines to improve technology to track miners underground, detect methane gas and monitor ventilation equipment and more open investigations, among other things. READ FULL ARTICLE CHARLESTON GAZETTE HERE>>>
www.DavittMcAteer.com Davitt McAteer & Associates

Sunday, February 4, 2018

Davitt McAteer featured on the 1996 MSHA video www.DavittMcAteer.com Silicosis Prevention in Mining 1996 MSHA




Silicosis Prevention in Mining 1996 MSHA

Silicosis is a disease of the lungs due to breathing of dust containing silica particles. Silica dust can cause fibrous or scar tissue formations in the lungs which reduce the lung's ability to work to extract oxygen from the air. There is no cure for this disease, thus, prevention is the only answer. MSHA published a final rule on dust control for surface highwall drills on April 19, 1994. The rule is designed to protect miners, working on and around surface highwall drills, from exposure to harmful amounts of dust containing crystalline silica. The most common exposures occur during the drilling of rock, crushing, and loading of mine material. Miners operating equipment such as highwall drills, end loaders, dozers and trucks on mine property have a high probability of exposure. Furthermore, all miners working at surface and underground mines are at risk of being exposed to silica-containing dust. Mine operators are required to provide and assure the use of appropriate controls for dust while drilling in rock. Miners should be sure to use all available engineering controls such as dust collectors, wet drilling, drill platform skirts and enclosed cabs. Miners should adjust their work procedures so that they do not stand in dust clouds. While not accepted as a primary control, miners should make use of respirators made available by the mine operator, to provide the maximum protection possible, especially when necessary to work in dust for short periods. If a respirator is used, the miner and mine operator should assure that it is approved for use in silica-containing dust, that it is maintained as approved, worn as designed (not altered in any way), equipped with new filters at least each shift, and fitted so as to provide a tight seal to the face. Miners wearing a respirator can not have beards/mustaches which interfere with the respirator seal to the face. The earliest recorded cases of silicosis date back to the first century A.D. In the mid 1930s, labor secretary Frances Perkins launched a nationwide effort to tackle the problem of silicosis. For more information on silicosis and its prevention, go to the MSHA silica webpage at http://www.msha.gov/illness_preventio... . This clip is from a press video for the 1996 national public education campaign, If It's Silica, It's Not Just Dust, to prevent silicosis. The Labor Department launched the silicosis prevention effort jointly with the American Lung Association and the National Institute for Occupational Safety and Health (NIOSH) in the U.S. Department of Health and Human Services. The entire video is available at the National Archives in College Park, Maryland.

www.DavittMcAteer.com Davitt McAteer & Associates

Thursday, January 19, 2017

Upper Big Branch Tribute, CBS News 59, Davitt McAteer Interview




Part 4 of the WVNS Special in memory of the Upper Big Branch mining disaster: Davitt McAteer updates the investigation in to the UBB explosion.
SEE THE VIDEO HERE>>>
www.DavittMcAteer.com Davitt McAteer & Associates

Making Connections News May 05, 2015: McAteer – Mines No Safer After Upper Big Branch. Davitt McAteer



CLICK HERE FOR THE FULL VIDEO>>>

Published on Jan 8, 2016
April 4th was the 5th anniversary of the Upper Big Branch disaster, when 29 coal miners were killed in a methane explosion at Massey Energy’s Upper Big Branch Mine at Montcoal, near Whitesville, WV. J. Davitt McAteer, who headed the Mine Safety & Health Administration during the Clinton years, led the Governor’s Independent Investigation into the disaster. On this anniversary McAteer published an op-ed in the Charleston Gazette warning that not enough has changed in American coal mines to keep another disaster like Upper Big Branch from happening again. In fact, in some places like West Virginia mine safety laws are being gutted. He spoke to WMMT by telephone.

To stay up to date on news and events from throughout the Central Appalachian region, visit our website at www.wmmt.org.



www.DavittMcAteer.com Davitt McAteer & Associates

NBC Nightly News with Brian Williams SAGO Mine Testimony, Davitt McAteer



Published on May 2, 2016
Brian Williams anchors from New York:
Pain at the Pump
US Auto Sales Down, Toyota Breaks Records
smart fortwo 450 at 5:12
Emissions Standards Lawsuits
Bird Flu, Possible Pandemic Looms
After the Disaster: Sago Mine
Day Without Immigrants
New Orleanss Evacuation Plans
American Boomers


www.DavittMcAteer.com Davitt McAteer & Associates

Mountain News & World Report: Remembering the Miners of Upper Big Branch; Davitt McAteer on Whether Such a Disaster Could Happen Again; a Report from Growing Appalachia



In this edition of WMMT’s Mountain News & World Report, we commemorate the 5th anniversary of the Upper Big Branch disaster, when 29 coal miners were killed in a methane explosion at Massey Energy’s Upper Big Branch Mine in April of 2010.  We start the show with a special audio remembrance of each miner, using biographical information from the Governor’s Independent Investigation into the disaster.
Then, we hear from the man who headed that investigation 5 years ago, J. Davitt McAteer, who was also head of the Mine Safety & Health Administration during the Clinton years.  McAteer recently published an op-ed in the Charleston Gazettewarning that not enough has changed in American coal mines to keep another disaster like Upper Big Branch from happening again, and he spoke to WMMT by telephone.  (You can read his op-ed here, or his team’s full report on the disaster here).
Finally, we close the show in a more hopeful vein, with a report from the recent Growing Appalachia conference that brought together a wide range of folks from across southeast Kentucky for a series of workshops & conversations around small-scale farming here in the mountains, energy efficiency, renewables, and more.  You can find out more about the conference here.Check out the full story here>>>
www.DavittMcAteer.com Davitt McAteer & Associates