NOVA SCOTIA’S WESTRY MINE TRAGEDY

Introduction

The Westray Mine Tragedy was a disaster that occurred on the 9th day of May- a Saturday in Plymouth - Nova Scotia. It was found that methane gas exploded in a section of the mine and caused the subsequent death of twenty six miners. The paper shall examine some of the ethical issues surrounding this case study and recommendations for the Canadian Mining Industry shall be done.

Case summary
The Westry Mine was opened in the year 1991, in the month of September. It was warmly received by both local residents and politicians. However, after opening the mine, numerous workers complained that the company was trying to cut back on costs by failing to take their employees through safety training or by giving them the right equipments. Besides this, there were a number of accusations made by the latter group that the mine was engaging in negligent behavior during mine inspections that could even amount to criminal behavior. One union official commented in a March 9th 1992 report that he was worried about the possibility of death in that mine. (O’Malley, 2002)

On May 9th, methane gas sparked off an explosion that led to one of the most disastrous occurrences in Canada’s mining history. News of the explosion caused numerous members of the media to camp outside Plymouth in order to cover the goings on within the mine.

On the day of the explosion, and in the next few days that followed, the bodies of fifteen miners were found following the aggressive search and recue efforts. Thereafter, these efforts were then changed into rescue and recovery efforts but with time, the conditions got worse and the rescue mission was abandoned thus leaving the bodies of eleven miners buried under the mining materials. Shortly after, analysts came back to the scene of the tragedy in order to carry with them some evidence. However, it should be noted that they could not access the section of the mine that was perceived as being responsible for the explosion because that section was highly dangerous. In this case, it was the south west main shaft section.
After the tragedy, the company had to pay one hundred and seventeen miners (who were not in the mine at the time of the tragedy) a severance package worth twelve weeks of their pay. Besides this, the company was faced with fifty two counts of operating a mine that was unsafe. On top of that, the mine became bankrupt in the subsequent year i.e. 1993. This development led to prevention of the cases from appearing in court. There were two mine managers on duty at that time and they were charged with criminal acts. However, these cases were dismissed after it had been established that there wasn’t sufficient evidence to carry them out.

There was a commission of inquiry that had been set up by the Nova Scotia provincial government in order to analyze some of the safety issues that could have led to the disaster. In the year 1998, the commission handed in a report in which they recommended that all the mining laws within the region should be changed. They also asserted that there ought to be a re-examination of the labor laws within the country. However, the long term repercussions of the commission of inquiry are yet to be acted upon by the federal government through new legislations. (O’Malley, 2002)
Currently, there is memorial site in a park at Ne Glasgow where it is estimated that the undiscovered bodies of the eleven miners are yet to be discovered. There are coal storage silos at that location that serve as a reminder of the goings on at that point. It should be noted that as of may 1992, the mine shaft was permanently sealed immediately after the investigations had been completed.
Important issues raised by the case

This case was particularly important in highlighting how failure to comply with safety and regulatory requirements can be potentially disastrous. It is a well know fact that methane is a common component during the coal mining process. Consequently, one is likely to find methane gas inside coal seams and it is therefore incumbent upon managers within such mines to look for ways in which they can deal with these methane residues. However, it should be noted that the quantity of methane found in those coal seams may vary from place to place. The amount of methane found in the Plymouth seams is particularly high. This has been an established fact as far back as the eighteenth century. The situation is further compounded by existence of minimal ventilation in the mine. Westray was located underground and it was highly difficult to ensure that methane concentration levels were kept down. (O’Malley, 2002)

Before commencement of the Westray mine, the location had hosted close to eight mines. Consequently, the history surrounding this area had been ignored substantially during operation of the mine. Such occurrences include the eight explosions that occurred during the forty year lifetime of Allan mine. These were all vital warning signs of what could occur to the mine if due consideration was not given to the safety requirements.

The Westray disaster was also instrumental in revealing some of the negatives that can arise out of politically motivated actions. Provincial and federal governments supported this mine because it promised creation of jobs that were desperately needed in the area. Nova Scotia was one of the economically unstable areas at that time. Political leaders knew that if they supported such an initiative, then their popularity would increase since increased jobs could be attributed to them.
Additionally, this case was particularly instrumental in showing just what can happen when a certain project gets support from political big wigs as was the case with Westray. Historical warnings and advice from technical experts can be disregarded if one has backing from the right political figures. In fact one analyst asserted that when the Curragh Resources (the company that ran the mine) CEO announced that he was planning to open a mine in that area, politicians from Nova Scotia flocked towards him in the same manner that sea gulls move towards a beach.
One only has to look at the way this county was a political powerhouse in order to place the matter in context. One of the MPs of the Pictou County; in which the Westray mine was located had a large role to play in the promotional aspects, construction and working life of the mine and was known as Brian Mulroney. This individual went on to become a Prime Minister. There were also a number of notable figures that were instrumental in ensuring that the Westray mine was up and running and these include the Ottawa MP Elmer MacKay who was the Solicitor General in Canada. (O’Malley, 2002)

It is also particularly interesting to note that there were also a number of financial implications that this mine had within the county and province. First of all, the province of Nova Scotia through its provincial Minister of industry, trade and technology committed the province to a lease of approximately twelve million dollars. Alternatively, there was the option of obtaining two hundred and seventy five hundred thousand dollars for a period of fifteen years.

This mine was funded through the continual collaboration of the both provincial and federal efforts. The Federal government had guaranteed a contribution of one hundred million dollars worth of bank loans. On the other hand, the provincial government had contributed twelve million worth of subordinated loans. The provincial government also assured the owners of the mine that if there was any coal that had not been taken by the Power Corporation, then the provincial government would take it. The latter arrangement was agreed upon in the “Take or pay Agreement”.
It should also be noted that prior to commencement of operations, the latter organization was described a “a state of the art” mine with all the latest equipment and technology required to mine coal. However, after occurrence of the explosion, it was found that these claims were highly invalid. It should also be noted that even during the production process, there were a number of ground control issues facing this particular company and most of them were related to the geological factors in the mine. (O’Malley, 2002)

The situation was further heightened by poor planning. In fact, the Commission of Inquiry that looked into the tragedy asserted that the dangerous environment in which this company was operating and the uncertainties that came with it should have put serious doubt into the feasibility of the venture.

Identification and prioritization of stakeholders and their rights and responsibilities
The party that was highly to blame for this incident was Curragh Resources which was the private company that managed the mine. This company was responsible for pushing forward its business agenda without looking into the repercussions that would emanate from such a project. The following are just some of the issues that this particular company was facing:
1) Government inspectors warned of inadequate ventilation
2) Unauthorized mine layouts
3) Unreliable procedures to make the gas non explosive
4) Disconnecting methane detectors in order to minimize interruptions during the production process
5) No safety training to employees
6) Placing miners in risky tunnels

All the latter responsibilities were to be carried out by the management of this company. They did not respect the rights of their respective employees thus leading to the occurrence of the tragedy.

Political figures also had a stake in this arrangement because they contributed towards the operation of this company so quickly without looking into the hazards that could emanate from it. The mine was opened in less than a week before the election and it was highly convenient for the aspirants to claim support to project that would provide three hundred jobs to residents. Federal and provincial government officials had the responsibility to do a thorough investigation of the project before pledging support for it or before investing so much into it. (O’Malley, 2002)

The latter categories of individuals were also partly responsible for this tragedy because of their failure to pass safety and compliance laws within the province. This was related to a lack of commitment to ethical procedures that is required in all governments. If this were the case, then federal agents would have been particularly instrumental in ensuring that all companies comply with the regulations and that workers are always protected.

Analysis of what happened in particular and how such “actions, omissions, mistakes, incompetence, apathy, cynicism, stupidity and neglect” could occur
The major issue that caused such a disaster was the lack of a safety ethic within the company. Management did not consider it a priority to institute a safety program or train their employees on how to conduct operations within such a place. Also, safety practices within this workplace were nowhere on sight. This was the reason why management would carry out compliance procedures only when they thought that they were due for inspection.

This issue was further heightened by the culture of complacency within the company. In fact, one can assert that this kind of attitude was the one that would eventually deteriorate into blatant disregard of basic safety procedures.
Managers in this respective company were reported as being highly intimidating to their respective employees. They indoctrinated these employees by overemphasizing the importance of high production of coal. They treated the safety of their workers as a minor issue that would detract them from achieving their ultimate objectives. (O’Malley, 2002)

There were a number of blame games that went on during the trail from different angels. One such example was the Premier who was a parliamentarian and a well known lobbyist of the Westray mine. This politician claimed that workers were to blame because they were the ones who turned off methane detectors. However, such an assertion cannot hold water because of the fact that employees were merely doing what they were told to do by top management. The latter category were annoyed by the frequent interruptions caused by these alarms and constantly ignored the potential danger that the methane detectors were trying to show them.

Additionally, if the miners had undergone safety training, they would have known just how dangerous it was to ignore the methane detectors or even to switch them off. These miners were indoctrinated into a culture of complacency by their managers who knew that they stood to benefit once employees had a false sense of security. Ethically speaking, the managers knew better but they did not take the time to educate their workers about it.

On top of the latter group, provincial inspectors were also highly complacent in the process of carrying out their duties. Time and time again, these individuals would find safety lapses within the mine but they would always ignore it. It was asserted that the source of the disaster was a spark that had been caused by a machine within the South western part of the mine. This spark was sufficient enough to ignite a flame that had been fueled by methane gas. The gas then leaked into other sections of the mine that were rich in coal dust and their union brought about the explosion.
The spark would have been harmless if only the mine’s management and provincial authorities had not allowed coal dust levels to reach the dangerous levels that they had reached or if there was adequate ventilation in the mine to prevent the explosion.

Perspectives of traditional theories and what would satisfy the rules of justice
Consequentialism can be applied to the Westray tragedy owing to the fact that it values the importance of consequences. In this school of thought, acts are only right when they lead to positive consequences and that no consideration should be given to motives behind the act or the nature of the actor involved.

In utilitarian consequentialism theory, an act is morally justifiable when it maximizes the intrinsic good for all the people who will be affected by it or it reduces the bad that would be suffered by many. Furthermore, an act is defined as intrinsically good if it will increase pleasure and it is inherently bad if it causes pain. (Anscombe, 1990)

In this case, one can assert that because the Westray Tragedy resulted in a negative consequence i.e. the loss of twenty six mines, then it was unethical. However, almost all ethical theorists would agree that the latter tragedy was morally wrong. There are a number of acts that can be regarded as unethical prior to the explosion. First of all, the act of lobbying and supporting such a project was unethical because it led to negative consequences. The act of ignoring warning signs by provincial representatives was also unethical because it caused the tragedy and so was the act of issuing directives by employees.

From a Kantian Deontological perspective, acts are regarded as moral when there was a good will to perform them and also when one acts in accordance to duty. Since there is no deed that is intrinsically good according to Kant, then the only thing one can depend on to judge actions is one’s motives. In the case of the mining tragedy, it can be said that the employees who yielded to their employer’ demand on switching off the methane alarms were merely acting in good faith because they wanted to increase productions and it was their duty to follow their superior’s instructions.

Conversely, one can argue that top management and owners of the mine were acting for the good of others since their motives were to offer jobs. However, Kant brings in the concept of acting in accordance to one’s moral duty; an aspect which these two categories of people failed to do. They knew that it was their moral duty to ensure that the safety of their workers was a priority. However, because they failed to carry that out, then it can be asserted that they engaged in unethical behavior.
In virtue ethics, one’s actions can be treated as truly virtuous when that respective person acts in accordance with their purpose which Aristotle divided into both intellectual and moral. When one examines the Westray Tragedy, it is possible to see that choosing to support such a project by provincial and federal politicians was an act that opposed both these virtues. The latter individuals chose fame and popularity rather than truly examining their purpose as leaders.

In ethics of care, great emphasis is given to relationships in that human beings are always dependent on one another in order to achieve their respective interests. Additionally, individuals who may be vulnerable to one’s actions need to be considered depending on the level of that individual’s vulnerability to one’s actions. Secondly, there should be a consideration of what extent others can be affected by one’s actions. In this theory, it is highly necessary to look into some of the contextual details affecting certain parties so as to promote those interests. (Hare, 1999)

In application of ethics of care to the tragedy, one can see that a number of parties failed to consider other people’s interests. First of all, the company owners failed to consider how dangerous their actions of opening the mine would be to the miners given the history of the place – this made their vulnerability levels extremely high. Additionally, top managers failed to consider the interests of the employees when they chose to under look safety requirements.

A Canadian Mining Industry Plan
In order to ensure that a disaster of such a nature does not occur again, it is essential for the Mining Industry to appreciate the importance of ethics in safety and protection of workers. First of all, the provincial and federal agents should only be allowed to invest in Mining projects after a thorough investigation of the safety of the project’s premises. Additionally, political figures should be allowed to lobby for these projects owing to the fact that they could be carried away by some of the problems surrounding this matter.

Also, greater precedence should be given to safety rather than to profit making ventures because lives can never be less important than money. In this regard, any warning signs or investigation that shows a lack of compliance needs to be proved immediately. When the company under consideration indicates that they have failed to comply, then they should be shut down immediately. The words of technical experts need to take more precedence than they do today.

Conclusion
The Westray Tragedy was one of the saddest examples of what can happen when human beings place greater precedence on corporate gain rather than their moral actions. In order to prevent occurrence of such events in the future, it will be crucial to enforce these regulations through proper legislature and ground then in ethical theories.

References

O’Malley, M. (2002): Westray –Here’s what happened, retrieved from http://www.cbcnewsonline.com/ accessed on 31 January 2008
Hare, M. (1999): Moral Thinking; Oxford Press
Anscombe, E. (1990): Modern Moral philosophy; Blackwell Publishers

The author of this article is a holder of Masters in Business Administration (MBA) from Harvard University and currently pursing PhD Program. He is also a professional academic writer. ResearchPapers247.Com>