Compounding that problem, Massey had also failed to properly vent the mine shaft of methane gas and coal dust. Forensic analysis suggests that methane gas and/or coal dust (both of which are highly combustible) were almost certainly responsible for the explosion. Moreover, the mine had been cited for fifty different MSHA violations in the moths before the explosion, of which no fewer than twelve related directly to the methane and/or coal dust venting issue. The mine had been cited sixty-eight times by inspectors for violations that were "high-negligence" category and three violations that were considered "reckless" disregard for safety considerations. In addition to the citations for methane and coal dust issues, the mine had also been cited specifically for its failure to maintain adequate escape pathways and to mitigate the risk of structural collapse. Furthermore, the evidence in the case suggests that on the day of the explosion, the mine was heavily venting methane gas; that the mine loaders had been "jury rigged" to bypass the safety cut-off functions of methane monitors; and that miners had been expressly warned by Massey supervisors that they would be fired in they caused mining operations to be suspended by reporting excessive methane gas levels. Finally, the record shows that Massey's only response to formal notices from government regulators about the numerous safety violations was to shut down and rectify as many violations as necessary to reduce the number of violations below the threshold necessary to permit the mine to continue operating. At no time did Massey make any genuine effort to address safety violations except in order to maintain their ability to operate within the technical requirements of the very laws meant to ensure mine safety.

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The obligation to comply with applicable regulations pertaining to mine safety
Government and industry-specific regulations are intended for very specific purposes. In the case of inherently dangerous industries like mining, regulatory oversight is the only way to protect human health and safety. That creates a prima facie and fundamental obligation to comply with all applicable regulations.

2. The obligation of good faith in statutory compliance

Statutory compliance must be in good faith and not merely for the purpose of manipulating the outcome of regulation by complying with regulations only in a technical sense.

3. The obligation not to be negligent and deceptive in safety and other matters.

The potential risk of human health and safety creates an ethical and a legal basis for a duty not to be negligent, and (especially) not to be deliberately deceptive in matters of safety. At the very least, that duty requires the company not to ignore obvious risks to human life and limb and (especially) not to deliberately manipulate safety equipment and procedures to circumvent the very elements of human safety they were expressly intended and designed to ensure.

4. The duty of good faith in relation to employee complaints.

A company has an ethical duty to respond honestly and in good faith to employee concerns and complaints, particularly those arising in connection with safety issues and threats to human health and to human life. When employees call attention to safety issues, an employer has an ethical duty to investigate in good faith and to implement measures reasonably necessary to resolve the issues complained of.