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Former Chief at Upper Big Branch Mine Sentenced

The former security chief at the West Virginia mine where 29 workers were killed in April 2010 was sentenced to three years in prison on charges that he lied to federal agents during the investigation.

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Hughie Elbert Stower had originally faced a maximum possible sentence of 25 years by U.S. District Judge Irene Berger.

Last October he was convicted of giving false statements to the FBI and investigators with the Mine Safety and Health Administration (MSHA).

He was also convicted of obstructing the federal investigation into the cause of the explosion at Upper Big Branch mine.

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U.S. Attorney Booth Goodwin had sought a 25-year sentence, but he said he wasn’t disappointed with the judge’s decision.

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“This represents perhaps one of the longest sentences ever handed down in a mine safety case,” Goodwin said. “We wanted to send a clear message and will continue to send that anyone who obstructs our investigation, they’re going to be met with the harshest prosecution.”

According to witnesses who testified, Stover instructed mine guards to send out radio alerts when inspectors would enter the property, which is illegal. A second count alleged he sought to destroy documents by “ordering a subordinate to bag them and throw them into an on-site trash compactor,” which is illegal as well.

The MSHA released its final report on the incident in December 2011, concluding that flagrant safety violations contributed to a coal dust explosion. It issued 369 citations at that time, assessing $10.8 million in penalties. The Upper Big Branch mine disaster remains the worst coal mine disaster since 1970 when 38 miners were killed at Finley Coal Company’s mines in Hyden, Kentucky.

Does Saying “I Was Wrong” Help Repair the Brand?

For several years now, reputation risk has been among the top threats listed by company executives when they are asked what keeps them up at night. There are several reasons for this. The emergence of 24-hour news, the internet and social media have created a world where corporate snafus that would have been merely a one-day story in the paper into an ongoing PR nightmare. Similarly, advocacy groups are now much more evolved and can launch coordinated campaigns to encourage public outrage. But most of all, most companies simply have no idea how to repair their image after it’s tarnished.

There is no insurance that can fix the problem and even where coverage is available to fund a “PR swat team” to come to the rescue, the short-term damage is already done, and the brand will always be tied to the negative press. In the long term, the reputation smear may prove survivable, but it sure never seems that way in the initial hours, days, weeks and sometimes even months and years following the calamity.

In recent years, the most oft-repeated mantra for avoiding irreparable harm to the brand is to “get out in front of the story.” Basically, after a mishap occurs, be honest, transparent and don’t let your CEO wake up to be blind-sided with an unwanted Wall Street Journal headline. Tell the public that something went wrong and that you’re now doing everything in your power to fix the situation.

That certainly makes sense, and recent examples of companies who were criticized for their delayed response include Toyota, Massey Energy and BP. The fact that all three companies seemed to bury their heads in the sand — for years — when it came to safety issues still would have come out, but the instant backlash perhaps could have been different if the companies took charge of the situation sooner — at least with Toyota anyway.

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I’m not sure there is anything BP could have done differently in the first week or two that would have made people feel much differently about the oil giant than they do today.

But, in trying to be honest and transparent, should the company’s executives go so far as to say “I was wrong” and “I’m sorry”?

Logic says yes.

As journalist and author Kathryn Shultz pointed out today in a guest post on the New York Times‘ Freakonomics blog, however, those who have admitted the error of their ways have not always been greeted with forgiveness.

Quite the opposite, in fact.

Earlier this year, former Assistant Education Secretary Diane Ravitch published The Death and Life of the Great American School System, which denounced a series of school reforms (including educational testing, school choice, charter schools, and No Child Left Behind) that she herself had advocated for years.  When I interviewed Ravitch for Slate, the comments section lit up with the familiar charges: “Why is Diane Ravitch Making a Bundle Saying She Was Wrong All Along?” “Wow! Thanks Diane! It’s only taken you ten years to see the blindingly obvious.” “We’re supposed to be impressed by her contrition?”

And that is the central question: what are we supposed to do about the sincere contrition of those who err?

Schultz, who just wrote a whole book on the topic that looks interesting but I have yet to read called Being Wrong, says that the answer is a lot easier in our personal lives than it is in the public sphere. In our private lives — with relatives, friends or colleagues — the answer is usually forgiveness. People make mistakes and, often, when they are willing to admit and own up to their errors, they should be granted at least some level of reprieve.

But that courtesy is rarely extended to public officials (which is who she is really speaking about here) or corporate representatives (which is who I believe this concept may also apply to)/

When our public officials make mistakes, the costs (which are often not borne directly by them) can be horrifying.

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It seems reasonable to demand not just an acknowledgment of error but some effort at ameliorating the consequences.
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Sometimes, though, this is simply impossible.  No one can bring back the war dead; no one can unspill the oil; no one can compensate a child for twelve years of bad schooling. All that truly contrite leaders can do in such a situation is work off their public debt the best way they know how – and live with the torments of their own conscience.
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But are those torments real?  Many people doubt it, and therefore find the idea of forgiveness galling.  As one commenter observed after listening to a conversation about wrongness over at The Takeaway, “A lot of people’s admitting to being wrong is little more than a PR ploy.  Public apologies do not impress me.

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”  In the acid bath of cynicism that is contemporary American politics, it is all but impossible for public figures to convincingly establish their sincerity.  And fair enough: sometimes, political changes of mind really are craven or self-interested or simply for show.  But sometimes, presumably, they are not.

When our public officials make mistakes, the costs (which are often not borne directly by them) can be horrifying. It seems reasonable to demand not just an acknowledgment of error but some effort at ameliorating the consequences.  Sometimes, though, this is simply impossible.  No one can bring back the war dead; no one can unspill the oil; no one can compensate a child for twelve years of bad schooling. All that truly contrite leaders can do in such a situation is work off their public debt the best way they know how – and live with the torments of their own conscience.

But are those torments real?  Many people doubt it, and therefore find the idea of forgiveness galling.  As one commenter observed after listening to a conversation about wrongness over at The Takeaway, “A lot of people’s admitting to being wrong is little more than a PR ploy.  Public apologies do not impress me.”  In the acid bath of cynicism that is contemporary American politics, it is all but impossible for public figures to convincingly establish their sincerity.  And fair enough: sometimes, political changes of mind really are craven or self-interested or simply for show.  But sometimes, presumably, they are not.

Ultimately, her short post doesn’t offer any concrete solutions. It certainly does present a good amount of evidence that, publicly, forgiveness — especially when the act leads to death or major destruction — is tough to come by. Former Secretary of Defense Robert McNamara is cited as a prime example.

Regardless, I have to believe that, in this day and age, corporate honesty and admission of guilt will better resonate with the public than anything else. But the alternative perspectives raised here sure do lead us to one indisputable conclusion: executives are right to be concerned with reputation risk.

Bad News Mounts for Massey

It seems Massey Energy Co., the owner of the West Virginia mine where 25 people died in an explosion, made one bad decision after another in the time leading up to last week’s tragic event.

First, the company opted out of buying a little something called insurance — more specifically, business interruption insurance. Massey’s annual report acknowledged that its operations are subject to certain conditions and risks that may cause an interruption in operations, but that they “do not currently carry business interruption insurance.” The company must now deal with lost production (the mine is still closed) and the enormous workers compensation liability hanging over its head, not to mention the lawsuits Massey is sure to face. These glaring troubles have caused the company’s stock price to slip from its 52-week high of $54.80 on April 5th to this morning’s share price of $47.33, a 13.6% decrease.

Second are the decisions made by Don Blankenship, Massey’s CEO. His greed, hatred of regulators and unions, and mocking of environmentalists have been heavily broadcast throughout the media since the deadly April 5 event. The Kansas City Star ran a scathing editorial on the coal czar, highlighting the numerous fines levied on Blankenship’s various mines, his successful ousting of a West Virginia state Supreme Court Judge (which eventually saved Massey from a $50 million jury verdict) and his constant concern for profit over safety.

In the world of coal mines, Massey had a below average safety record, to put it nicely.

As the New York Times stated Tuesday:

J. Davitt McAteer, a former assistant director of the Mine Safety and Health Administration, said the Massey company “is certainly one of the worst in the industry” when it came to safety and called recent violations at the mine for substandard ventilation and other problems “cardinal sins.” “The Massey record is without doubt one of the most difficult in the industry from a safety standpoint,” Mr. McAteer, now the vice president of Wheeling Jesuit University, said in an interview. He said other large, diversified coal operators had far better safety records than Massey.

That same article reports that, in 2009, the mine registered an unfathomable 458 violations, many of them regarding safety requirements. But for Blankenship, safety came last, profit came first, as noted in the Massey CEO’s now-infamous memo to his deep mine superintendents.

It states:

If you have been asked by your group presidents, supervisors, engineers, to do anything else other than to run coal (i.e. – build overcasts, do construction jobs, or whatever) you need to ignore them and run coal. This memo is necessary only because we seem not to understand that the coal pays the bills.

The running of coal does pay the bills, but only when you operate a mine safe enough to keep workers alive. The “overcasts” that he refers to are necessary for proper mine ventilation.

The families and friends of the victims are rightfully pissed off at Mr. Blankenship. When he arrived at the mine to announce the death toll to those gathered there, shouting ensued — blaming the Massey CEO for caring more about profits than miners’ lives. Don Blankenship, in his efforts to increase profits at all costs, has instead almost halted his company’s revenue stream and severely scarred its reputation along with his own.

Was it worth it, Don?

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J. Davitt McAteer, a former assistant director of the Mine Safety and Health Administration, said the Massey company “is certainly one of the worst in the industry” when it came to safety and called recent violations at the mine for substandard ventilation and other problems “cardinal sins.”
“The Massey record is without doubt one of the most difficult in the industry from a safety standpoint,” Mr. McAteer, now the vice president of Wheeling Jesuit University, said in an interview. He said other large, diversified coal operators had far better safety records than Massey.

Prioritizing profits over safety at Massey may have led to tragedy.