A West Virginia investigator said in a May 2011 report that Massey is to blame for the fatal explosion at the mine. MSHA plans to complete its own investigation in fall 2012.<ref>Holly Rosenkrantz, [http://www.bloomberg.com/news/2011-06-29/massey-faked-reports-ahead-of-2010-fatal-mine-blast-u-s-says.html "Massey Faked Reports Ahead of 2010 Fatal Mine Blast, U.S. Says"] Bloomberg, June 29, 2011.</ref>
===December 2011: MSHA Report finds deaths were "entirely preventable"===
On December 6, 2011, the MSHA released a report concluding that the disaster was "entirely preventable," and was caused in part by a pattern of major safety problems and Massey's efforts to conceal hazards from government inspectors, all of which "reflected a pervasive culture that valued production over safety."
Federal regulators cited 12 violations by the former Massey Energy that investigators believe contributed to the explosion, including the company's "unwarrantable failure" to follow federal rules governing mine ventilation, roof control, and the cleanup of highly explosive coal dust. Other contributory citations alleged a "reckless disregard" for requirements to perform periodic safety examinations and fix the problems identified, a systematic effort to warn underground workers of impending inspections and intimidate miners so they wouldn't complain about hazardous conditions.
MSHA also cited more than 350 other violations that it did not categorize as contributing to the disaster.
In a deal worked out by U.S. Attorney Booth Goodwin, Alpha has agreed to pay $10.8 million to resolve civil penalties related to Upper Big Branch, as part of paying off $35 million in fines pending from former Massey operations. The fines are part of a larger, $209.5 million settlement announced hours before the release of the MSHA report.<ref>Ken Ward Jr., [http://www.wvgazette.com/News/201112060075 "Deaths at UBB ‘entirely preventable,' MSHA report says"] Charleston Gazette, Dec. 6, 2011.</ref>
==History of Safety Violations at the mine==