J. Davitt McAteer Papers regarding Mining Safety A&M 4219

J. Davitt McAteer Papers regarding Mining Safety A&M 4219


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West Virginia and Regional History Center

1549 University Ave.
P.O. Box 6069
Morgantown, WV 26506-6069
Business Number: 304-293-3536
wvrhcref@westvirginia.libanswers.com
URL: https://wvrhc.lib.wvu.edu

Grace Musgrave

Repository
West Virginia and Regional History Center
Identification
A&M 4219
Title
J. Davitt McAteer Papers regarding Mining Safety circa 1860-2013 circa 1970-2013
URL:
https://archives.lib.wvu.edu/ark:/99999/206911
Quantity
325.35 Linear Feet, (181 records cartons, 15 in. each); (10 records cartons, 17 in. each); (27 map boxes, 6 in. each); (1 map box, 5 in.); (1 map box, 6.5 in.); (6 document cases, 2.5 in. each); (26 document cases, 5 in. each); (1 document case, 4 in.); (7 flat storage boxes, 1.5 in. each); (3 flat storage boxes, 2 in.); (1 flat storage box, 2.5 in.); (2 flat storage boxes, 3 in. each); (2 flat storage boxes, 3.5 in. each); (3 flat storage boxes, 5 in. each); (3 flat storage boxes, 4 in. each); (3 artifact boxes, 6.5 in. each); (1 oversize artifact box, 12 in.); (4 unboxed oversize posters, 0.5 in. total); (12 unboxed oversize mining implements, 48 ft. 10.25 in. total); (1 unboxed oversize office chair, 1 ft. 7.5 in.)
Creator
McAteer, J. Davitt
Location
West Virginia and Regional History Center / West Virginia University / 1549 University Avenue / P.O. Box 6069 / Morgantown, WV 26506-6069 / Phone: 304-293-3536 / Fax: 304-293-3981 / URL: https://wvrhc.lib.wvu.edu/
Language
English .

Administrative Information

Conditions Governing Use

Permission to publish or reproduce is required from the copyright holder. For more information, please see the Permissions and Copyright page on the West Virginia and Regional History Center website.

Conditions Governing Access

Part of this collection is stored offsite. Please make an appointment before visiting.

This collection includes audiovisual and born-digital content that has not yet been reformatted. Researchers may access these materials by requesting to view the materials in person by appointment or remotely by contacting the West Virginia & Regional History Center reference department at https://westvirginia.libanswers.com/wvrhc.

Special access restrictions apply to the following boxes:

Box 59b is restricted for 75 years from date of creation (thru 2086).

Box 121 is restricted for 75 years from date of creation (latest 2086), except for the health records which will be open after 100 years of creation (2086 and 3011), per WVRHC policy, which is as follows:

"Records containing Personally Identifiable Information (PII) that do not have separate donor restrictions will be restricted until the death of the donor, assumed to be 75 years from date of record creation. Users may complete the Agreement for the Use of Restricted Materials to request access to these materials prior to the expiration of the restriction.

The WVRHC restricts medical records in all collections, regardless of whether that collection was created by a covered entity, according to HIPAA Privacy Rule guidelines. Records will be restricted 100 years from the date of creation unless an individual grants permission to access the record or the WVRHC is given proof of death that occurred in excess of 50 years prior to the date of request. Researchers collecting summary data may be granted limited access to personal medical information if they submit an Access Request Form and are approved."

Box 136, Center for Law and Social Policy Chronological Files, contains at least one Social Security Number (in folder 2); please contact the West Virginia and Regional History Center in advance to request access.

Box 150, Miscellaneous Material from McAteer's MSHA Work (Part 1), contains restricted material, possibly including PII and financial information. Please contact the West Virginia and Regional History Center to request access.

Box 190, Sago box 2 of 4, contains PII in the folder labeled Sago Family Lists. Researchers can sign our Agreement for the Use of Sensitive Materials to use the material in aggregate; the restriction can be lifted 75 years from the date of creation.

Preferred Citation

[Description and date of item], [Box/folder number], J. Davitt McAteer Papers regarding Mining Safety, A&M 4219, West Virginia and Regional History Center, West Virginia University Libraries, Morgantown, West Virginia.

Immediate Source of Acquisition

Gift of McAteer, J. Davitt, 2017-2024.

Processing Information

Due to returning material to the donor, boxes 80a-c and 115 are no longer in the collection.


Biographical / Historical

J. Davitt McAteer has devoted much of his professional efforts to mine health and safety issues, including efforts to enact the landmark 1969 Federal Coal Mine Health and Safety Acts. In the 1970s, Mr. McAteer led the safety and health programs of the United Mine Workers and founded the Occupational Safety and Health Law Center. He is a former assistant secretary for Mine Safety and Health at the United States Department of Labor (1993-2000) and also served nearly two years as the Acting Solicitor for the Department of Labor. He has also served as Vice President of Sponsored Programs and Interim President at Wheeling Jesuit University, where he lead several national centers that impact economic development, education and mine safety.

In April 2010, West Virginia Governor Joe Manchin appointed Mr. McAteer to conduct an investigation into the explosion that killed 29 miners at Massey Energy's Upper Big Branch Mine in Raleigh County, West Virginia. Governor Manchin also appointed Mr. McAteer to investigate the Sago Mine Disaster and the Aracoma Alma No. 1 Mine Fire in 2006. Two of the produced reports included recommendations to improve mine safety in West Virginia and across the nation.

Mr. McAteer is the author of Monongah: The Tragic Story of the 1907 Monongah Mine Disaster, The Worst Industrial Accident in U.S. History, which was awarded the 2008 Bronze Prize for history in the Independent Publishers Book Awards. He is the recipient of the 2008 David P. Rall Award for Advocacy in Public Health by the American Public Health Association.

(Adapted from "Coal: Powering Our Future." Views and Visions: A publication of Bowles Rice McDavid Graff and Love LLP. Summer 2010. Accessed January 22, 2020. https://web.archive.org/web/20180823180538/https://www.bowlesrice.com/media/vision/23_vv_Summer10_LR.pdf.)

Scope and Contents

Papers of J. Davitt McAteer documenting his advocacy for mining and other occupational safety. A lawyer and expert on mine safety and health issues, he served as an Assistant Labor Secretary for the Mine Safety and Health Administration from 1993 to 2000. McAteer was also appointed lead investigator into the Upper Big Branch Mine Disaster by Governor Manchin in 2010. The collection includes accident investigation reports, conference files, correspondence, health and safety manuals, mine disaster historical files, press clippings, publications, and reports, among other material.

Topics include mine disasters (such as the Upper Big Branch Mine Disaster [2010], Aracoma Alma Mine Accident [2006], Farmington Mine Disaster [1968], etc.), occupational safety (including black lung and white lung, accidents, United States rules and regulations, etc.), international occupational safety and regulations, project proposals (including a trip to South Africa to work with the National Union of Mineworkers), mining history, and other similar topics.

Series Include:
Series 1. Papers Arranged by Subject (Boxes 1-49), 1903-1912, 1932-2020
Series 2. Mine Disasters (Boxes 50-59b), 1869, 1907-1936, 1972-2015
Series 3. Books (Boxes 60a-69), 1906–2015
Series 4. Audio/Visual (Boxes 70-73), 1973–2015
Series 5. Artifacts (Boxes 74a-81), 1918, 1960s-2010
Series 6. Oversize, General (Box 82 and unboxed), late 19th century-2010
Series 7. Oversize, Maps (Boxes 83-85), 1960–1972
Series 8. Oversize, Upper Big Branch Maps (Boxes 86-110), 2005–2010
Series 9. Wheeling Jesuit University Files (Boxes 111a-114), 2002–2012
Series 10. Addendum of 2021 July 16 (Boxes 116-120), 1900s-2013
Series 11. Addendum of 2022 June 20 (Boxes 122-131), 1920s-1998
Series 12. Addendum of 2021 August 12, Miner's Shirt (Box 132), circa 1978
Series 13. Addendum of 2021 December 21, Letter (Box 59a, folder 46), 2017 May 16
Series 14. Addendum of 2022 August 01, Letters (Box 127, folder 18), 1971 January 22 to 1973 February 21, undated
Series 15. Addendum of 2024 February (Boxes 133-253), 1889-2007

Related Material

The Mine Safety and Health Administration has made available data and reports pertaining to the Upper Big Branch mine disaster investigation at Upper Big Branch Mine-South, Performance Coal Company .

Subjects and Indexing Terms


Significant Persons Associated With the Collection

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Container List

Series 1. Papers Arranged by Subject (Boxes 1-49)
Mixed Materials Box: 1 Mixed Materials Box: 2 Mixed Materials Box: 3 Mixed Materials Box: 4 Mixed Materials Box: 5 Mixed Materials Box: 6 Mixed Materials Box: 7 Mixed Materials Box: 8 Mixed Materials Box: 9 Mixed Materials Box: 10 Mixed Materials Box: 11 Mixed Materials Box: 12 Mixed Materials Box: 13 Mixed Materials Box: 14 Mixed Materials Box: 15 Mixed Materials Box: 16 Mixed Materials Box: 17 Mixed Materials Box: 18 Mixed Materials Box: 19 Mixed Materials Box: 20 Mixed Materials Box: 21 Mixed Materials Box: 22 Mixed Materials Box: 23 Mixed Materials Box: 24 Mixed Materials Box: 25 Mixed Materials Box: 26 Mixed Materials Box: 27 Mixed Materials Box: 28 Mixed Materials Box: 29 Mixed Materials Box: 30 Mixed Materials Box: 31 Mixed Materials Box: 32 Mixed Materials Box: 33 Mixed Materials Box: 34 Mixed Materials Box: 35 Mixed Materials Box: 36 Mixed Materials Box: 37 Mixed Materials Box: 38 Mixed Materials Box: 39 Mixed Materials Box: 40 Mixed Materials Box: 41 Mixed Materials Box: 42a Mixed Materials Box: 42b Mixed Materials Box: 43 Mixed Materials Box: 44 Mixed Materials Box: 45 Mixed Materials Box: 46 Mixed Materials Box: 47a Mixed Materials Box: 47b Mixed Materials Box: 48 Mixed Materials Box: 49 1903-1912, 1932-2020
Scope and Contents

This series includes correspondence, reports, legal files, research papers, publications, and other material regarding occupational and mining safety, United States occupational and mining rules and regulations, American and international occupational and mining accidents, black lung and white lung diseases, project proposals and fundraising, international mining safety and trips (including those to South Africa and Europe), health and safety manuals, labor unions, and other such topics.

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Series 2. Mine Disasters (Boxes 50-59b, 121)
Mixed Materials Box: 50 Mixed Materials Box: 51a Mixed Materials Box: 51b Mixed Materials Box: 52a Mixed Materials Box: 52b Mixed Materials Box: 53 Mixed Materials Box: 54 Mixed Materials Box: 55 Mixed Materials Box: 56a Mixed Materials Box: 56b Mixed Materials Box: 56c Mixed Materials Box: 56d Mixed Materials Box: 57 Mixed Materials Box: 58a Mixed Materials Box: 58b Mixed Materials Box: 59a Mixed Materials Box: 59b Mixed Materials Box: 121 1869, 1907-1936, 1972-2015
Scope and Contents

This series includes research, publications, and other material regarding American mine disasters and accidents, including the Upper Big Branch Mine Disaster [2010], Aracoma Alma Mine Accident [2006], Farmington Mine Disaster [1968], and other earlier disasters. This series mainly consists of material on the Upper Big Branch Mine Disaster, as McAteer was appointed head independent investigator of the Governor's Independent Investigative Panel by Governor Joe Manchin soon after the disaster. For detailed maps created during this investigation, please see Series 8. Oversize, Upper Big Branch Maps (Boxes 86-110). See also the letter in Series 13.

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Series 3. Books (Boxes 60a-69)
Mixed Materials Box: 60a Mixed Materials Box: 60b Mixed Materials Box: 61 Mixed Materials Box: 62 Mixed Materials Box: 63a Mixed Materials Box: 63b Mixed Materials Box: 64a Mixed Materials Box: 64b Mixed Materials Box: 65a Mixed Materials Box: 65b Mixed Materials Box: 66a Mixed Materials Box: 66b Mixed Materials Box: 67a Mixed Materials Box: 67b Mixed Materials Box: 68 Mixed Materials Box: 69 1906–2015
Scope and Contents

This series consists of books, booklets, binders, and other publications regarding occupational and mining safety, occupational and mining history, occupational and mining disasters and accidents, union strikes and history, West Virginia history, and other such topics.

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Series 4. Audio/Visual (Boxes 70-73)
Mixed Materials Box: 70 Mixed Materials Box: 71 Mixed Materials Box: 72a Mixed Materials Box: 72b Mixed Materials Box: 73 1973–2015
Scope and Contents

This series consists of VHS cassettes, audiocassettes, and other audio/visual material regarding mining and occupational safety and other topics. Many tapes of "Appalshop," a documentary program focusing on Appalachian culture and history, are available, as well as recordings of interviews made by McAteer on mining safety and mine disasters.

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Series 5. Artifacts (Boxes 74a-81)
Mixed Materials Box: 74a Mixed Materials Box: 74b Mixed Materials Box: 74c Mixed Materials Box: 74d Mixed Materials Box: 74e Mixed Materials Box: 75a Mixed Materials Box: 75b Mixed Materials Box: 76a Mixed Materials Box: 76b Mixed Materials Box: 76c Mixed Materials Box: 76d Mixed Materials Box: 77 Mixed Materials Box: 78 Mixed Materials Box: 79a Mixed Materials Box: 79b Mixed Materials Box: 79c Mixed Materials Box: 81 1918, 1960s-2010
Scope and Contents

This series consists of various artifacts regarding mining safety, mining history, unions, and other such topics, including photographs, posters, awards, commemorative coins, and other such objects. Notable objects include a set of seal presses and seal press plates from various local chapters of the United Mine Workers of America, and a set of commemorative neckties from various mining organizations in the United Kingdom. See series 12 for an additional artifact.

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Series 6. Oversize, General (Box 82 and unboxed)
Mixed Materials Box: 82 Mixed Materials unboxed late 19th century-2010
Scope and Contents

This series consists of oversize artifacts, including international mine safety posters, a set of late 19th century-early 20th century mining implements, and an office chair owned by John L. Lewis, union activist and former President of the United Mine Workers of America.

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Series 7. Oversize, Maps (Boxes 83-85)
Mixed Materials Box: 83 Mixed Materials Box: 84 Mixed Materials Box: 85 1960–1972
Scope and Contents

This series includes maps of West Virginia, Virginia, Kentucky, Illinois, and other states used by the Miners for Democracy to display voting locations.

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Series 8. Oversize, Upper Big Branch Maps (Boxes 86-110)
Mixed Materials Box: 86 Mixed Materials Box: 87 Mixed Materials Box: 88 Mixed Materials Box: 89 Mixed Materials Box: 90 Mixed Materials Box: 91 Mixed Materials Box: 92 Mixed Materials Box: 93 Mixed Materials Box: 94 Mixed Materials Box: 95 Mixed Materials Box: 96 Mixed Materials Box: 97 Mixed Materials Box: 98 Mixed Materials Box: 99 Mixed Materials Box: 100 Mixed Materials Box: 101 Mixed Materials Box: 102 Mixed Materials Box: 103 Mixed Materials Box: 104 Mixed Materials Box: 105 Mixed Materials Box: 106 Mixed Materials Box: 107 Mixed Materials Box: 108 Mixed Materials Box: 109 Mixed Materials Box: 110 2005–2010
Scope and Contents

This series consists of maps and some photographs created during the investigation of the Upper Big Branch Mine Disaster [2010] and a few maps of the Aracoma Alma Mine accident [2006]. The descriptions of the maps are based on transcriptions of text found on the maps themselves, including location codes, mapping team names, dates, and sometimes labels. Other than the transcribed text used for description, there is little or no additional textual content on most of these maps.

According to McAteer:

The maps are the result of a project to map the explosion of the Upper Big Branch Mine in 2010. The mapping involved an analysis of charcol resulting from the explosion of the coal to determine direction, speed, and force of the explosion. The maps are dated by when an investigation was conducted on a section of the mine represented by a map.

The alpha-numerics associated with the maps correlate to the MSHA (Mine Safety and Health Administration) report of the Upper Big Branch explosion.

There were four teams conducting the investigation which took place over 10 months, 12 hours per day. Each day maps (of where the explosion occurred) were prepared for the teams, which met briefly in the morning at 6am. During the physical investigation, evidence was recorded onto the maps showing the results of flame and explosion. There are accompanying pictures to the report. The accumulated evidence formed the basis of the MSHA report.

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Series 9. Wheeling Jesuit University Files (Boxes 111a-114)
Mixed Materials Box: 111a Mixed Materials Box: 111b Mixed Materials Box: 112 Mixed Materials Box: 113 Mixed Materials Box: 114 2002–2012
Scope and Contents

This series consists of papers, correspondence, publications, and other material from McAteer's time as Vice President of Special Programs at Wheeling Jesuit University. Topics include the HEALTHeWV and HEALTHeSTATES programs, the Coal Impoundment Program and Community Alert program, the Wheeling Jesuit International Mining Health and Safety Symposium, and other such topics.

Processing Information

In April 2024, material was removed and returned to the donor. Contents was reboxed to eliminate empty space; citations from prior to this date may have incorrect box and folder information. Box 111a is also intentionally missing folders 3 and 5.

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Series 10. Addendum of 2021 July 16 (boxes 116-120)
1900s-2010
Scope and Contents

Additional papers of J. Davitt McAteer. Materials include research for McAteer's book on the Monongah Mine Disaster, Mine Safety and Health Administration binders, news articles and other works written by McAteer, research on the Buffalo Creek Mine Disaster, material from a coal mine health and safety study (1969), assorted papers and correspondence, material regarding Campaign Continental, and a folder of photo tapes and audiocassettes.

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Series 11. Addendum of 2022 June 20 (boxes 122-131)
1920-1998
Arrangement

The original order was maintained and the donor's original folder titles were used. Subseries are derived from the donor-provided contents list.

Scope and Contents

Additional papers of J. Davitt McAteer. Materials include papers related to the Occupational Safety and Health Law Center (OSHLC); United Mine Workers' Association records; Mine Safety and Health Administration press, correspondence, and other related materials; news articles and other publications by McAteer; papers related to the Miners' Manual; mining maps and posters; research material from a coal mine health and safety study (1969); assorted clippings and correspondence; material regarding Campaign Continental; and published records of United States government proceedings, hearings, briefs, and reports that pertain to mining safety.

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Series 12. Addendum of 2021 August 12, Miner's Shirt
Mixed Materials Box: 132 circa 1978
Scope and Contents

This series consists of a French miner's shirt that might have come from McAteer's visit to the site of the successor mine to Courrières, the largest French mining disaster, as a union gift. See series 3 for additional artifacts.

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Series 13. Addendum of 2021 December 21, Letter
Mixed Materials Box: 59a Folder: 46 2017 May 16
Scope and Contents

This series consists of a letter from Donald Blankenship to then-President Donald Trump regarding the Upper Big Branch Mine disaster investigation, copies of which were shared with several other individuals including J. Davitt McAteer.

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Series 14. Addendum of 2022 August 01, Letters
Mixed Materials Box: 127 Folder: 18 1971 January 22-1973 February 21, undated
Scope and Contents

This material consists of 5 letters written to writer Phil Primack in the early 1970s. Three are signed by WV Rep. Ken Hechler. One is from former UMWA president Arnold Miller. One is signed "Ed."

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Series 15. Addendum of 2024 February
1889-2007
Conditions Governing Access

This series includes audiovisual and born-digital content that has not yet been reformatted. Researchers may access these materials by requesting to view the materials in person by appointment or remotely by contacting the West Virginia & Regional History Center reference department at https://westvirginia.libanswers.com/wvrhc.

Restrictions apply to the following:

Box 136, Center for Law and Social Policy Chronological Files, contains at least one Social Security Number (in folder 2); please contact the West Virginia and Regional History Center in advance to request access.

Box 150, Miscellaneous Material from JDM's MSHA Work (Part 1), contains restricted material, possibly including PII and financial information. Please contact the West Virginia and Regional History Center to request access.

Box 190, Sago box 2 of 4, contains PII in the folder labeled Sago Family Lists. Researchers can sign our form to use the material in aggregate; the restriction can be lifted 75 years from the date of creation.

Arrangement

The original order was maintained when possible and the donor's original folder titles, where provided, were used.

Scope and Contents

Additional papers of J. Davitt McAteer. Materials include documents related to McAteer's work with the Occupational Safety and Health Law Center (OSHLC); Mine Safety and Health Administration (MSHA), and the Occupational Safety and Health Administration (OSHA), including reports, correspondence, and other related materials; books, manuals, and other publications; papers related to the Miners' Manual and other industrial safety manuals along with related draft, research, and publication materials; occupational health and safety studies; occupational injury, illness, and fatality reports; assorted clippings and correspondence; material regarding McAteer's work with the Center for Law and Social Policy (CLASP); and published records of United States government proceedings, hearings, briefs, and reports that pertain to mining and other industrial health and safety issues.

Notable organizations mentioned (and their abbreviations, if any): Amalgamated Clothing and Textile Workers Union (ACTWU), Consolidation Coal Company, Inc., CONSOL, Purdue, Inc., the West Virginia Humanities Council, the United States Department of Labor (DOL), the Mining Enforcement and Safety Administration (MESA), The United States Department of the Interior (DOI), National Institute for Occupational Safety and Health (NIOSH), the United Mine Workers of America (UMWA), the Bureau of Labor Statistics (BLS), the National Institute of Environmental Health Sciences (NIEHS), the North Carolina Labor Department, Department of Homeland Security, the Department of Energy (DOE), International Labor Office (ILO), Caterpillar, Inc., World Bank, Council of the Southern Mountains, Federal Mine Safety and Health Review Commission, Association of Trial Lawyers of America.

Notable individuals in content: Robert Reich, Robert Shapiro, Bob J. Nash, Al Gore, William Clinton, Earl Dotter.

Other notable subjects: China, South Africa, World Trade Center, Ground Zero, 9/11/01, WVU Law School, Textile Industry, Mushroom Workers, Formaldehyde, Black Lung, Federal Coal Mine Health and Safety Act, self-contained self-rescuers (SCSRs), Tug River Valley Petition, Surface Mine Control Reclamation Act (SMCRA), Labor History, mining accident and injury reports, Appalachian music, labor- and coal industry-related recordings, Sago, Wilburg, Rushton, Monongah.

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