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Resources Policy 72 (2021) 102022

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Resources Policy
journal homepage: http://www.elsevier.com/locate/resourpol

What misguides environmental risk perceptions in corporations?


Explaining the failure of Vale to prevent the two largest mining disasters
in Brazil
Beatriz Macchione Saes a, b, *, Roldan Muradian a
a
Faculty of Economics, Universidade Federal Fluminense, Prof. Marcos Valdemar de Freitas Reis St., s/n, Bloco F, São Domingos, Niterói, RJ, Brazil
b
School of Politics, Economics and Business, Universidade Federal de São Paulo, Oleska Winogradow St., n◦ 100, Jd. das Flores, Osasco, SP, Brazil

A R T I C L E I N F O A B S T R A C T

Keywords: Corporate misperceptions of environmental risks are relatively frequent and can have catastrophic consequences,
Environmental risk as in the case of the two recent tailings dam breaks in Brazil of the mining company Vale. By analysing Vale’s
Mining documents and testimonies of investors, managers and engineers in the period between the two accidents
Risk perception
(2015–2019), we investigated why Vale disregarded potentially disastrous operational risks after the largest
Shareholder value
Disasters
tailings spill in the history of mining in Brazil. The results reveal that the sources of risk considered important at
Vale were those that could potentially affect the company’s short-term financial performance. Overall, these
findings indicate that the focus on shareholder value can generate strong biases in the perception and assessment
of environmental risks, which can not only cause massive social and environmental impacts, but also, para­
doxically, the destruction of shareholder value in the long run.

1. Introduction 2020).
The case of Vale’s tailings dam failure in 2019 deserves special
Large-scale mining disasters involve far less complex technologies attention because it occurred only about three years after the largest
and systemic interactions than nuclear accidents or chemical catastro­ mining accident in the history of Brazil. In the first accident, in
phes, but still stand out for their large impacts. During the last two de­ November 2015, an upstream tailings dam collapsed in the city of
cades, in the midst of an increasing global demand for metals and Mariana (Minas Gerais, Brazil), releasing about 33 million cubic meters
declining iron grades, there was an upward trend in tailings dam fail­ of tailings down the valley, which killed 19 people. This event is
ures, with an important level of growth of catastrophic disasters related considered one of the largest accidents in the history of mining when
to large spills from tailings dams. Within this time period, there were evaluated by the volume of wastes released and the geographical
more than fifty mining dam failures in the world, and three of them extension of the environmental damage (Carmo et al., 2017; Roche
caused more than 100 deaths (Rico et al., 2008; Bowker and Chambers, et al., 2017; Sánchez et al., 2018). The dam was owned by the mining
2015; Wise, 2019). Still, while “normal accidents” related to high-risk company Samarco, a joint venture between Vale and the
technologies are expected to occur sometimes for unforeseeable rea­ Australian-based company BHP Billiton. In the second disaster, in
sons, dam failures and other “earthbound disasters” tend to be caused by January 2019, just about 150 km away from Mariana, 11.7 million cubic
more prosaic mistakes, often avoidable with more appropriate ap­ meters of iron mining tailings flooded the installations and offices of
proaches towards risk management (Perrow, 1999; Dekker, 2011). Vale and other rural proprieties in the city of Brumadinho (Minas Gerais,
Preventable management and organization failures are indeed found to Brazil), causing the death of 270 people (Vale, 2019a). Given the scale of
be the main sources of mining and dams disasters, though how they this second disaster, Parliamentary Commission of Inquiries (PCIs) were
relate to the broader legal context and managerial decisions are more conducted during 2019, aiming to investigate the causes of it. It is worth
controversial issues (Hynes and Prasad, 1997; Duffaut, 2013; Huber noting that attempts to initiate a PCI after the first accident (in Mariana)
et al., 2016; Komljenovic et al., 2017; Armstrong et al., 2019; Kemp, were not successful.

* Corresponding author. School of Politics, Economics and Business, Universidade Federal de São Paulo, Oleska Winogradow St., n◦ 100, Jd. das Flores, Osasco, SP,
Brazil.
E-mail addresses: beatriz.saes@unifesp.br (B.M. Saes), roldanmuradian@gmail.com (R. Muradian).

https://doi.org/10.1016/j.resourpol.2021.102022
Received 27 July 2020; Received in revised form 14 February 2021; Accepted 15 February 2021
Available online 3 March 2021
0301-4207/© 2021 Elsevier Ltd. All rights reserved.
B.M. Saes and R. Muradian Resources Policy 72 (2021) 102022

Previous studies aiming to interpret these two tailings dam failures surveillance, based on continuous training programs and redundancy
have looked at the mechanisms to exert the power to impose risks on processes, such as double-checks and parallel systems, which are aimed
particular social groups and to socialize private costs (see for example at correcting failures and biases in risk management (La Porte, 1996;
Mansur et al., 2016; Wanderley et al., 2016; Milanez et al., 2016; 2019; Cooper, 2000). Recent contributions on HRO theory emphasize that
Demajorovic et al., 2019). However, we have chosen not to undertake organizations should always be open to doubts and be attentive to
our analysis using traditional political ecology considerations. We argue failures rather than to success, in order to detect symptoms of organi­
that Vale’s most recent failure (in Brumadinho) calls for paying atten­ zational malfunctions (Weick et al., 2008). HROs, by making visible
tion to another challenging issue: Vale’s underestimation of operational risks that are located within blind spots of the organization, are expected
risks, reflected in the lack of appropriate measures to prevent the second to be able to overcome possible imperfections in risk assessment.
accident, dramatically harmed the company itself. Besides the accoun­ In contrast to the HRO approach, critical perspectives are more
ted loss of US$ 1.683 billion by the company in 2019 (after a net income pessimistic about the possibility of overcoming biases. They stress the
of US$ 6.860 billion in 2018), the Brazilian state prosecutors charged variety of constraints for adopting safer procedures in corporations, due
Vale’s Chief Executive Officer (CEO) and other 15 main executives and to the inherent complexity of risk judgments. Such judgments may vary
engineers with homicide for the collapse of the dam (Vale, 2020a, significantly among organizations, due to different economic, cultural
2020b). Therefore, in addition to causing outrageous and social contexts (Douglas and Wildavsky, 1982; Ravasi and Schultz,
socio-environmental impacts, the disaster also resulted in a large-scale 2006; Alvesson, 2012). Corporations tend to import external discourses
self-inflicted damage to both the company and the managers. Our hy­ shaped by power and ideologies to establish internal shared meanings
pothesis is that the organizational failure of Vale in the case of Bruma­ and symbolism (Phillips et al., 2008). Ideology can be defined as a set of
dinho was the result of risk perception biases that were reinforced by the beliefs that corresponds to the world-view and interests of a social group
transformation of corporate governance that took place during the or class (Mannheim, 1954). The ideology of “shareholder value” has
period 2015–2019. Such managerial strategic change narrowed the become prominent in the governance of corporations. It is founded on
focus of the company on shareholders’ short-term interests, which made the principle that maximizing shareholder value is beneficial to corpo­
the firm to overlook serious operational risks. rations but also to the economy, and therefore society as a whole (Laz­
In order to understand how and why Vale disregarded operational onick and Sullivan, 2000). The adoption of the maximization of
risks after the largest disaster in the history of mining in Brazil, we shareholder value as the ultimate goal of corporations is grounded on
attempt to characterize and interpret: i) how risks were perceived by the belief that the (neoclassical) market is the most efficient mechanism
managers and geotechnical experts of Vale after the disaster in Mariana; for allocating scarce resources (Jensen and Meckling, 1976). Based on
and ii) how these perceptions were influenced by Vale’s governance this assumed superiority of market mechanisms, Milton Friedman
changes in the period considered. The paper is organized as follows: In (1970) made the famous statement that “the social responsibility of
the next section we review the literature about the relationship between business is to increase its profits”.
risk perceptions within organizations and the incidence of socio- While managers are trained in business schools to act within the
environmental disasters (Section 2). Section 3 describes the methodo­ premise of this belief system and therefore to adopt the rate of return on
logical approach to examine documents from Vale and the materials corporate stock as the best measure of corporate performance, there
provided by the PCIs about the causes of the Brumadinho tailings dam’s might be a trade-off between safety and economic goals in profit-
failure. Section 4 describes risk perceptions revealed by content analysis oriented organizations, at least in the short term. This may create con­
of Vale’s corporate documents, as well as by communications and tes­ flicts between different organizational sectors and committees,
timonies of managers and engineers. In Section 5, we discuss how risk hampering the capacity of organizations to prevent disasters (Perrow,
perceptions within corporations that are driven by shareholders’ short- 1994; Sagan, 1994; Le Coze, 2015). Organizational failures can be the
term interests can affect risk assessment and hinder the prevention of result of pragmatic calculations within corporations prioritizing profit
disasters. Finally, we end the article with a conclusive section (Section (or cost reduction) over safety, and not exclusively the effect of biased
6). judgments – especially when the harms of disasters fall on third parties
(Golbe, 1986; Walters and Bailey, 2013; Armstrong et al., 2019).
2. Risk perception in disaster research Corporate risk disclosures aim to provide information to investors, as
a mechanism to reduce uncertain (Lajili and Zéghal, 2005; Linsley and
The literature on the social determinants of risk perceptions has Shrives, 2006). They are conducted even in high risk sectors, such as
identified cultural features (Douglas and Wildavsky, 1982), mining (Moloi, 2014; Thai and Birt, 2019). These disclosures normally
socio-political institutions (Clarke, 1989; Tierney, 1999) and cognitive use the category “social risk” to refer to undesirable socioenvironmental
and heuristic factors (Slovic, 1987) as explanatory elements. It is now effects of corporate activity (Kytle and Ruggie, 2005; Thomson and
well accepted that understanding major industrial disasters requires Boutilier, 2011). The notion of “social license to operate” is employed to
going beyond purely technical approaches to risk analysis, because the deal with dissatisfied stakeholders and to ensure investors’ confidence in
perception and assessment of risk within organizations are conditioned a risky context of operations (Acselrad and Pinto, 2009; Owen and
by multiple socio-cultural aspects, such as personal beliefs, organiza­ Kemp, 2013; Pinto, 2019). Social risks are considered to be successfully
tional constraints and worldviews (Aven and Renn, 2009; Renn and managed when projects are accepted by communities, regardless of the
Benghaus, 2013; Kemp et al., 2016). magnitude of the disasters and other socio-environmental harms the
Bias in risk perception within corporations seems to be rather a project could produce (Prno and Slocombe, 2012; Parsons et al., 2014;
common feature of major industrial disasters. Pioneering studies in Moffat et al., 2015). Hence, risk management and production is related
disaster research showed that organizational failures leading up to di­ to the ability of organizations to impose risks on others, as well as to
sasters might not be necessarily followed by changes in beliefs about the what level of risk is considered “acceptable” by the public (Clarke, 1989;
safety of operations (Turner, 1978; Vaughan, 1996; Perrow, 1999). In­ Tierney, 1999).
consistencies between risk perceptions and system safety are well Contemporary mining disaster research draws attention to the eco­
known, even though those inconsistencies might be visible only after nomic and social processes that create vulnerability as important po­
accidents (Antonsen, 2009; Guldenmund, 2000; Strauch, 2015). tential causes of catastrophic events. Corporate and governmental
Some scholars propose that biases in risk perception and assessment power structures, which dictate laws, regulations, policies, access to
can be overcome with due attention and appropriate managerial ap­ information, monitoring etc., shape the conditions of vulnerability
proaches. The category “High Reliability Organization” (HRO) has been (Labonne, 2016; Santos and Milanez, 2017). The catastrophic potential
created to refer to organizations that foster a culture of prevention and of unexpected events, such as tailings dam ruptures, can be increased by

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B.M. Saes and R. Muradian Resources Policy 72 (2021) 102022

the vulnerability of people, particularly when they are unable to respond ceremonial event organized by a governmental agency that assembles,
to or cope with the damaging consequences of the disaster (Kemp, 2020; often using the power of subpoena, persons knowledgeable about a
Kemp et al., 2020). From this perspective, preventing disasters also in­ disaster” (Gephart, 1993, p.1474). The PCIs provided testimonies of
volves understanding and assessing risks from the point of view of people directly or indirectly involved in the event, representatives of key
vulnerable groups. organizations (e.g. governmental bodies) or groups (e.g. social move­
Democratization of corporate decision-making is seen as important ments), and experts with relevant technical knowledge.
for both preventing certain conditions of vulnerability and improving The core purpose of our analysis was to examine the perceptions
risk assessment. Risk perception pays an important role in the mobili­ about risk within Vale after the Samarco dam failure in 2015. Risk
zation of social groups for inducing firms and governments to adopt risk perceptions of managers and engineers were assessed based on selected
reduction actions (Boelens et al., 2019). The risk perception of poten­ textual extracts of their speeches, testimonies and statements. Content
tially affected social groups is normally not reflected in organizational analysis is often employed to identify patterns and prevailing informa­
decision making settings, since they are controlled by investors, man­ tion in corporate documents, encompassing risk management disclo­
agers and engineers. However, after the occurrence of disasters, risk sures (Lajili and Zéghal, 2005; Linsley and Shrives, 2006; Gao, 2009;
governance improvements (involving the participation of stakeholders Elzahar and Hussainey, 2012; Metaxas and Tsavdaridou, 2013). We
external to the firm) are expected to be introduced as a response to social adopted an interpretive approach for textual analysis focused on risk
pressure (De Marchi and Ravetz, 1999). analysis (Tregidga and Milne, 2006; Amaeshi and Amao, 2009; Milne
The proposition that public risk perception should be incorporated et al., 2009; Tregidga et al., 2012; Harjanne, 2017; Benevene et al.,
into decisions of the firm started to gain influence in the mining sector 2019).
with the rise of the notion of corporate social responsibility (CRS), By recognizing that meanings are dependent on the context in which
particularly during the late 1990s (Jenkins and Yakovleva, 2006). words or texts are used, the most important consequence of working
However, in most mining companies, risk management and CRS stra­ within our interpretive approach was taking the links between texts and
tegies aim at protecting business and shareholder value instead of the broader context into consideration. Categories of analysis, although
responding to the concerns of communities (Kemp and Owen, 2013; inspired by existing empirical and theoretical works, were defined based
Owen and Kemp, 2013; Frederiksen, 2018). In general, mining corpo­ on the data, in order to express what was relevant in that given context.
rations still rely heavily on techno-scientific approaches to risk and Finally, because some inevitable degree of subjectivity in this type of
exclude external voices and visions in their risk management (Kemp analysis can lead to rival interpretations of the same documents, addi­
et al., 2016; Kemp, 2020). Social risk assessments also address in general tional steps to check the adequacy of the selected analytical categories
potential impacts on business that may result from the interaction with and main interpretations were employed, such as describing the findings
communities. When dealing with potentially affected populations, risk through selected textual extracts (Ahuvia, 2001; Hardy, 2001; Hardy
management focuses on reducing threats to projects such as protests and et al., 2004).
opposition by communities. Risks imposed by mining companies on the Aiming to find the relevant risk categories for our analysis, the
livelihoods of people or the environment, especially where they appar­ various risk factors listed in Vale corporate reports were systematized.
ently do not imply risks to the business, tend to be neglected by man­ Our categorization sought to reflect the fact that not all the risk factors
agers (Kemp et al., 2016). presented in both the financial and sustainability Vale Reports – namely,
market, credit, operational, compliance and strategic risks – are
3. Methods emphasized equally in webcasts. Webcasts were considered valuable
sources of information because these conference calls are meetings in
Our analysis is based primarily on the examination of three sets of which Vale’s main executives describe the company’s results, as well as
documents and information: i) Vale’s Form-20F and Sustainability Re­ its challenges and strategies in a looser way, as compared to corporate
ports from the period 2015–2019; ii) Vale’s presentations and webcasts reports, which are elaborated by public relations specialists following
in the same time period; and iii) The PCIs conducted in 2019. The Form- standardized external rules. As well, being quarterly events, webcasts
20F is a financial statement that must be submitted to the U.S. Securities can reflect more variations throughout the year than annual reports
and Exchange Commission by all overseas companies with shares traded (Matsumoto et al., 2011).
on the New York Stock Exchange (NYSE). The information is standard­ Through a careful reading of the webcasts, we selected 124 risk-
ized for all companies, including financial and operational results, risk related extracts in which events and issues explicitly related to risk,
factors and projections about investments and projects. The Sustain­ uncertainty, security, safety or predictability were discussed. After
ability Report is also published annually, following the directives of the classifying the extracts in the risk categories listed in the Vale Reports
Global Reporting Initiative. (market, credit, operational, compliance and strategic risks), we found
The webcasts about the company’s financial results consist in pre­ that the vast majority were related to market risks (68), followed by
sentations by main Vale executives followed by a question-and-answer strategic (30) and operational risks (21). Most extracts related to market
session, which is open to investors. Similar conferences, called Vale risks have to do with the vulnerability of commodity prices (53). Stra­
Days, take place annually on the stock exchanges of London and New tegic risk comprises the business model (8), external environmental is­
York, both with investors and journalists. Finally, the public inquiries to sues (2), governance (11) and regulatory, political, economic or social
investigate the causes of the Brumadinho tailings dam’s failure were the actions taken by governments (13). Finally, half of the extracts related to
following: i) the Brazilian Federal Senate PCI, from March to June operational risks refer to the Samarco disaster (10). It is worth noting
20191; ii) the Brazilian Chamber of Deputies PCI, from April to that operational risk is the category more directly related to social risks.
November 20192; and iii) the Assembly of the Minas Gerais state PCI, The prevalence of these risk factors was then revised according to the
from March to September 2019.3 Public inquiries can be defined as “a main strategies, priorities and governance changes listed in Vale’s Re­
ports and stated by its CEO in webcasts over the period 2015–18. Finally,
the three risk categories more present in the discourses were: i) risk as
1 volatility in commodity prices; ii) risks as unpredictable outcomes of
https://legis.senado.leg.br/comissoes/comissao?0&codcol=2246.
2 state interference; iii) risks linked to mining operations, including
https://www2.camara.leg.br/atividade-legislativa/comissoes/comissoes-te
mporarias/parlamentar-de-inquerito/56a-legislatura/cpi-rompimento-da-ba geotechnical ones. Based on these prevalent risk categories, excerpts
rragem-de-brumadinho. from Vale’s top management speeches were examined taking into ac­
3
https://www.almg.gov.br/acompanhe/noticias/arquivos/2019/09/12_cpi_ count the broader context. The relevant contextual factors were the ones
barragem_relatorio_final_principal.html. revealed in the texts, during the readings and analysis of the documents

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B.M. Saes and R. Muradian Resources Policy 72 (2021) 102022

(Chouliaraki and Fairclough, 2010). For instance, the period considered becoming, as expected, a more predictable company ( …).“7
was characterized by instability of commodity prices and political However, while the company was still celebrating the good results of
turmoil in Brazil. its new corporate governance, Vale proved instead to be a very unpre­
In the last phase of the research, we focused only on the third risk dictable company when it tragically surprised the workers of the
category, aiming to deepen the analysis of risk perceptions exclusively Córrego do Feijão mine and the communities of Brumadinho with one of
linked to mining operations, and particularly to tailings dams. The the most fatal dam breaks in the history of mining. This leads to question
perceptions of risks were assessed through the testimonies of the three what in fact the company considered the main sources of risk and
PCIs mentioned above. While the webcasts addressed topics affecting instability. The following sub-sections report the results of the discourse
financial results, the PCIs were a valuable opportunity to hear Vale’s analysis in relation to the perceptions of managers as the main sources of
upper management addressing operational risks in front of an audience risk between the disasters of Mariana and Brumadinho.
composed by politicians, social movements, press, etc. Among the 236
testimonies in the three PCIs, we examined in depth 69, given by 38
Vale’s managers and engineers or external engineers working temporary 4.1. Risk as volatility in commodity prices
for Vale or consulting companies offering services to Vale. As some of
the inquiry participants were heard in two or three commissions, the During the decade 2001–2011, most commodities experienced a
testimonies are more numerous than the selected actors. For each actor, price boom, which had a positive impact on mining revenues. However,
we examined how the risk of the tailings dam failure in Brumadinho was during the following decade, the reversal of this trend significantly
perceived, how this perception was justified, the elements to blame for reduced the revenues of the sector. Vale’s reports in the period
the disaster and how they describe Vale’s risk management following 2015–2019 highlighted the risk due to volatility of prices, particularly of
the Mariana disaster. By analysing the content of the testimonies of the iron ore and iron ore pellets, which account for about 70% of Vale’s
executives and engineers regarding dam safety, we aimed to explore operating revenues. The iron ore price was US$135 per dmt in 2013, US
how geotechnical risks were perceived at different organizational levels $97 per dmt in 2014 and US$55.5 per dmt in 2015 (Vale-20F,
within Vale. Furthermore, the testimonies of Vale’s engineers were 2015–2019). In 2015, the reduction of commodity prices was a major
compared to the other specialists in the field. concern for Vale:
The format of the PCIs imposed some limitations to our analysis. In
Vale’s financial performance was impacted by the sharp drop in
the PCIs, the witnesses are cautious, since some of them were being
commodity price in 2015 (…). Despite all our efforts, Vale reported a
investigated as responsible for the accident. The discomfort of Vale’s
net loss of US$ 12.1 billion in 2015. This result was impacted by two
executives during inquiries was noticeable. The audience present at the
non-cash effects: impairment in the amount of around US$ 9 billion
PCIs was composed by a wide range of stakeholders, from parliamen­
as a result of sharp decline in commodity prices; financial losses
tarians to the relatives of victims, which certainly imposed constraints
stemming primarily from the depreciation of the Brazilian real on
on what could be said and how. Lastly, during the PCIs, both Vale’s
our US dollars denominated debt in derivative positions.8
engineers and executives were advised by lawyers hired by the com­
pany, which definitively shaped their discourses. These particularities The quote stresses that the bad 2015 performance of Vale was mainly
and biases were considered, as much as possible, throughout the due to the decline in prices (and not the Samarco disaster in Mariana). In
analysis. 2015, the decline of prices induced a reduction of the value of Vale’s
assets of US$9 billion. It is worth noting that the company spent much
4. Results less with the remediation of the environmental and social damages of
the Samarco disaster: US$71 million in 2016, US$294 million in 2017,
Between the two tailings failures the company recovered from a US$284 million in 2018 and US$309 million in 2019 (Vale-20F, 2019,
financial crisis that included a peak of indebtedness. During this time p.93). The discourses of Vale’s executives show the perception that the
period, the firm made important changes concerning its shareholder company was at the time too risky because of the instability of com­
structure and a new corporate governance was introduced in 2017, modity prices, and not because of unsafe mining operations. The
reflecting a series of concerns, particularly in relation to predictability following speech was given by Vale’s Chief Financial Officer (CFO) at
and stability: the NYSE in 2016:
Everything that we’ve been doing in the company in the last few The stock market was very tough on us about two years, one year and
months was related to become a more predictable company. (…) we a half ago. The message we heard from you was that Vale was too
are evolving in a very decent way towards becoming a more pre­ risky to invest in a scenario in which commodities were also risky in
dictable company, and a company that you can … that you know terms of their price outlook. You said to us, you’re not as competitive
what to expect in any given circumstance.4 as your peers. You’re spending more money on Capex than your
peers. And you have a more leveraged balance sheet in this envi­
In 2018, the perception of Vale’s executives was that considerable
ronment, which is also bad ( …). So what I’m going to show you is
progress was made towards the desired predictability. For instance, in
that we’re about to finish the journey towards de-risking the Com­
April 2018, Vale’s CEO stated: “So, it seems that in this quarter we are
pany in those three dimensions. And hopefully the market will
moving forward with the idea of keeping the company as predictable as
reward Vale in this new shape and form after the journey’s
possible and delivering a very constant results flow.“5 In July 2018, the
complete.9
same optimism in relation to the achievement of goals was expressed:
“(…) I just want to emphasize that the company will continue to perform It is interesting to note that “you as an investor”, “the stock market”
the same way it has been performing, so the predictability and the sta­ and “the market” are important subjects in this quote. While the in­
bility of the company is there ( …)”.6 Finally, a few months before the terlocutors of Vale’s CFO are actually the investors of the NYSE, the
Brumadinho disaster, the company’s CEO said: “And on top of every­ more abstract term “market” is used interchangeably. “The market” is
thing, we think that we are moving forward in the right direction,

7
CEO-Vale. Conference Call, Third Quarter 2018 Results, 25 Oct 2018.
4 8
CEO-Vale. Conference Call, Fourth Quarter 2017 Results, 28 Feb 2018. Former CEO-Vale. Conference Call, Fourth Quarter 2015 Results, 25 Feb
5
CEO-Vale. Conference Call, First Quarter 2018 Results, 26 Apr 2018. 2016.
6 9
CEO-Vale. Conference Call, Second Quarter 2018 Results, 26 Jul 2018. CFO-Vale. Vale Day 2016, New York, 20 Nov 2016.

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B.M. Saes and R. Muradian Resources Policy 72 (2021) 102022

personified as someone who reacts to the company’s risk profile. If the was composed by Litel Participações S.A. (formed by pension funds), the
company proves to be non-competitive in relation to its peers, the Brazilian Development Bank (BNDES), the bank Bradesco, and the
market may choose to buy the shares from another company. High Japanese trading company Mitsui Co. The pension funds and the BNDES,
capital expenditures (Capex) and indebtedness is also risky in the eyes of whose administrations were traditionally aligned with the federal gov­
the market, as they may induce lower dividend payments. Given the ernment, had a majority stake in Valepar and thus an important role in
volatility of the commodity prices, managing these financial aspects was the company’s management (Musacchio and Lazzarini, 2015).13 In
the way to maximize shareholder value and to achieve predictability in 2017, for instance, the pension funds had almost 60% of Valepar’s
the company’s performance: shares and BNDES close to 10%.
The goal of the new governance of Vale was to have a company with
‘How can you ask for predictability in a company that is producing a
no controlling group in the shareholder structure, and this was going to
commodity?’ My point is that at any given price level, everybody will
be achieved by merging the group Valepar into Vale and unifying Vale’s
have to know in advance how much Vale can perform, without effort.
share classes (Vale-20F, 2016, 2017). By mid-2017, the common shares
This is predictability. We have to control, and show the control, of
(with voting rights) and preferred shares were unified, giving all
everything else that the company does for this purpose. Of course we
shareholders of the company the right to vote while also reducing the
don’t control prices and therefore the idea is: one price, one result. 10
power of Valepar:
In the quote below, the reduction of costs and capital expenditure are
I want to make a quick comment as well in this capital restructuring
proposed again as strategies to overcome market uncertainties and
of Vale (…) and it is my pleasure to tell the market that the results so
shareholders’ fears:
far are far beyond our best expectation. (…) the vast majority of the
We will become a boring company, a no-frills company, a company market was supporting the operation. (…) it will represent a very
that will deliver and run like a clock. And if you look back to the important step forward the direction of preparing this company to
trajectories of cost reductions in all of our businesses, the trajectory become a true Corporation, with better governance and less gov­
of Capex reduction, this will continue into the future. And looking ernment interference. That is the aim of all of that.14
back, you will get past the uncertainties and your fears and you will
The concern with the risk of state intervention was shared by “the
say this is a predictable company ( …).11
market”. In 2012, a report made by Ernst & Young on Business Risks
Here, the metaphor of the clock is used by Vale’s CFO to represent Facing Mining & Metals listed “resource nationalism” as the number one
the company’s desired predictability. It is interesting to note, however, risk facing mining companies between 2011 and 2013, warning for the
that the clock, as an accurate and sensitive device, was used to indicate “uncertainty and destruction of value caused by sudden changes in
the predictability of the company in response to the instability of prices – policy by the governments of resource-rich nations” (Ernst and Young,
and not to dam safety problems. The clock metaphor also reveals a 2012, p.11). Another major consulting company, Deloitte, identified
mechanistic view of the company, incompatible with the management “resource nationalism” and “political risk” among the top ten threats for
of conflicts related to socio-environmental risks. mining companies between 2009 and 2015 (Deloitte, 2012). In line with
By focusing on its financial performance, Vale was supposedly on the these warnings, the reorganization of Vale was welcomed by investors.
right track to achieve a higher level of predictability. In mid-2018, The Brazilian investment bank Itaú BBA stated that “The proposed deal
Vale’s credit rating had been raised by the world’s four largest rating could, in our view, mitigate corporate governance risks (…)”. The same
agencies – Moody’s, S&P, DBRS and Fitch. The company announced this was expressed by another investment bank, BGT Pactual: “There are
achievement and “the improvement in the market perception of Vale’s multiple angles of value creation here: re-rating of shares, lower dis­
credit risk” as the result of the company’s “commitment to become a count rates, higher liquidity, reduced perception of governmental
more predictable company” (Vale, 2018). Therefore, the perception that interference, removal of an overhang.“15
the company was on track was not only pervasive in Vale, but also it was “Resource nationalism” was a strategy from Latin American gov­
reinforced by independent rating agencies. ernments for appropriating part of the growing income in the primary
sector during the commodity boom (Gudynas, 2013; Svampa, 2013). In
Brazil, the national mineral industry remained under private control
4.2. Risk of state interference during this time period (Saes, 2018). However, the fear of resource
nationalism echoed among Vale executives and shareholders:
The other important source of risk in the discourses of managers and
Vale’s official documents was governmental interference (Santos, 2017). Remember guys, one year ago you were all very nervous about the
Avoiding government interference was a key concern for the new Vale future of this company. The shareholders agreement was going to
corporate management. In 1997, the former Brazilian state-owned expire, maybe the company would become state-owned again, lots of
mining company Companhia Vale do Rio Doce12 was privatized uncertainties, talks about a change in CEO (…). But now, the world is
through an auction won by a consortium composed by private economic completely different from a governance perspective.16
groups and pension funds of state-owned enterprises. This consortium
In 2017, Vale migrated to a special segment of the Brazilian stock
(Valepar S.A.), which has more than 50% of the company’s (voting)
shares, became the controlling group of Vale. In the 2000s, Valepar S.A.

13
Some authors claim that the Lula and Roussef governments used Vale as
10
CEO-Vale. Vale Day 2017, New York, 6 Dec 2017. instruments of social policy, diverting the company from a more efficient
11
CFO-Vale. Vale Day 2017, New York, 6 Dec 2017. operation aimed at generating profits. These governments made three main
12
The Companhia Vale do Rio Doce (CVRD) was renamed as Vale in 2007. suggestions to the company: i) not to lay off as a result of the 2008 crisis, ii) to
invest in steelmaking in the country, and iii) to buy large bulk carriers manu­
factured in Asia, instead of buying them from Brazilian shipyards. Of these
suggestions, Vale only invested in steelmakers (Musacchio and Lazzarini,
2015).
14
CEO-Vale. Conference Call, Second Quarter 2017 Results, 27 July 2017.
15
Quoted in the Vale presentation “Vale: Roadmap to the True Corporation.”
May 2017.
16
CFO-Vale. Vale Day 2017, New York, 6 Dec 2017.

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B.M. Saes and R. Muradian Resources Policy 72 (2021) 102022

exchange: B3-Novo Mercado, which requires “a distinguished standard starting. At the moment, we have no sign or at all. We have nothing.
in corporate governance” (Vale, 2017b). By the end of 2017, managers We are fine with our governance and the government, and we are
continued to be optimistic about the achievement of corporate gover­ fine with the integrity of the dams.21
nance predictability:
Despite the emphasis given to the possibility of improving dams’
You know that Vale is now moving to a direction that will transform
management, the probability of occurrence of a similar accident was
itself into a true Corporation. (…) and I think that our governance will
underestimated and minimized: “we have never had a dam break”, “we
become much more predictable than it was in the past. This I can
have no sign at all” and “we have nothing.” 22 Similar answers were
guarantee.17
given to the press: “Vale, in its almost 74 years of life … Fortunately, we
It is noteworthy that Vale’s CEO summarizes his vision as the need of
never had an accident with tailings deposit. So, Vale’s customers know
“collective efforts to make Vale a more predictable company in general,
Vale’s procedures very well and are always confident about this.“23 This
from governance all the way down to our costs, prices and results”.18
was later reinforced by the Executive Director of Ferrous and Coal: “In
However, nothing was said about operational risks. Knowing what
73 years of operation in Vale’s ferrous area, we have never had a dam
happened afterwards, we can only interpret managers’ priorities at that
accident.“24
time as reflecting a lack of capacity to perceive and assess critical
The following speech sheds light on the discussion held about the
sources of risk to the business. That bias was shared by investors. Before
proposal to ban upstream tailings dams – the construction method used
the disaster in Brumadinho, the price of the share of Vale experienced an
in the Samarco dam, based on safety concerns:
increase of about 250% – from around US$4 (November 2015) to US$14
(January 2019).19 (…) no matter what will happen in terms of specifically the up­
stream, the construction method of tailing dams in Brazil in terms of
legislation or restrictions, we must say that in Vale, we don’t have
4.3. Considering the mariana disaster as a unique and low probability
those dams. We don’t have, we practically have no upstream dams in
event
our operation, continuously, and also in the future we are not
considering any of those upstream dams, new dams.25
The topic of dam safety appears at Vale’s conferences not as a stra­
tegic theme for the company, like price volatility and government In this quote from 2016, the Executive Director of Ferrous and Coal
interference, but as an accidental issue related specifically to the goes so far as to deny that Vale had similar dams to the one that broke in
Mariana disaster. Less than a month after the disaster, the managers’ Mariana – “we don’t have those dams”. Although most of Vale’s dams
discourses revealed the perception that the Mariana disaster was an were not built using the upstream method, thousands of people lived and
exceptional event: worked below the 10 upstream tailings dams that the company owned in
Minas Gerais (Vale, 2019b) – and one of those collapsed in Brumadinho.
I have to say to you that, at Vale, our hearts and minds are deeply
The fact that no one corrected him during this conference indicates that
with the people who were affected by the accident. We were initially
either none of the shareholders’ representatives knew the dams’ char­
shocked, first because Vale has operated for 73 years with absolute
acteristics, or that they did not care for this kind of inaccuracies.
standards of safety. We have never had a single incident in our dams
As part of minimization of the probability of suffering another ac­
before. (…) our major goal is first to convince Brazilian society that
cident as the Mariana disaster, in 2018 managers considered that the
tailings dams and mining can be operated safely and, secondly, we
uncertainties concerning the failure had been overcome: “Regarding
need to support everyone who was affected.20
Samarco, the worst is clearly behind us.“26
According to the managers, the company already operated with
“absolute standards of safety” and, therefore, the problem posed by the
4.4. The diverging risk perceptions of experts
Mariana disaster was rather to “convince the Brazilian society” that the
tailings dams are safe, and that accidents of this type was extremely
In the PCIs, all Vale’s engineers argued that there were no signs of an
unlikely to happen.
imminent breach in Brumadinhos’ dam. Some of them worked in the
The investors’ concern with geotechnical risks appeared only in the
offices that were destroyed by the tailings mud after the break. The
first webcasts following the disaster in Mariana, when they raised
Executive Manager of Paraopeba Mining Complex stated: “I am not
questions about the operational costs to improve dams’ safety and assure
suicidal, I lived in that complex. We went there, we believed that the
the integrity of “those assets” (160 dams). The introduction of new
structure was safe ( …). It was an inspected, monitored, audited struc­
measures related to dam safety is described in the Sustainability Reports
ture. There was a stability report, right?“27 These inspections were
(Vale-RS, 2006–18). Most of the new procedures (mainly, more frequent
carried out by the team of the Senior Engineer in the mine, whose office
safety analyses, more detailed impact studies and the improvement of
was also under the dam. According to her: “I was the last one at Dam 1
dam monitoring systems) responded to regulatory changes introduced in
on Wednesday [two days before the breach], in a group of ten people,
2017 by the Brazilian Mining Agency. Brazilian dam safety legislation is
defined in this reports as “quite stringent”, “based on good international
practices” and “very judicious, both in terms of safety management re­ 21
Executive Director of Ferrous and Coal-Vale. Vale Day 2015, New York, 4
quirements and emergency management” (Vale-RS, 2017a, p.66). The
Dec 2015.
answer to that question was as follows: 22
Executive Director of Ferrous and Coal-Vale. Vale Day 2015, New York, 4
Dec 2015.
As Luciano said, in our 73-year history, we have never had a dam 23
Former CEO-Vale. Vale Day 2015 (Press Conference). New York, 1 Dec
break. There are several things you can do. You can upgrade your
2015.
monitoring systems, by laser or by radar, and install more water 24
Executive Director of Ferrous and Coal-Vale. Vale Day 2015 (Press Con­
piezometers and so on. That is what we are doing, and it is just ference). New York, 1 Dec 2015.
25
Executive Director of Ferrous and Coal-Vale. Conference Call, Second
Quarter 2016 Results, 28 July 2016.
17 26
CEO-Vale. Conference Call, Third Quarter 2017 Results, 26 Oct 2017. CEO-Vale. Vale Day 2018 (Press Conference). New York, 6 Dec 2018.
18 27
CEO-Vale. Conference Call, Third Quarter 2017 Results, 26 Oct 2017. Executive Manager of Paraopeba Mining Complex-Vale. PCI, Brazilian
19
http://www.vale.com/brasil/en/investors/equity-debt/stock-price/pages Chamber of Deputies, 14 May 2019.
/default.aspx.
20
CFO-Vale. Vale Day 2015, London, 4 Dec 2015.

6
B.M. Saes and R. Muradian Resources Policy 72 (2021) 102022

making an inspection for the audit stage, in which we did not identify risk assessment procedures and technical knowledge on dams’ dynamics
any abnormality.“28 Similar statements are repeated in other testi­ were not present within Vale, even among experts that could have been
monies, including that of an engineer who managed to escape from the killed by similar accidents.
facilities destroyed by the mud: “I had trust in it. I always felt safe there, In the PCIs, the debate about the factor of safety (FoS) of Dam 1 drew
so much so that I was there every day, working normally. At the time of attention due to the sharp divergences among the testimonies. The FoS
the break, I was having lunch inside the cafeteria.“29 measures the resistance capacity of the structure in relation to the tail­
The engineers of the geotechnical management area30, working ings load of the dam. It has to be greater than 1.0 so that the resistance
outside Brumadinho, had a similar perception of the risks of Dam 1. force of the dam slope is greater than the opposite force of the tailings
According to the Manager of Corporate Geotechnics, “the information I (Herza et al., 2017). Two different factors of safety can be calculated,
had is that whoever monitored, inspected, and assessed the behaviour of one considering the parameters of drained resistance (without excess
the structure in the operational routine never identified an imminent water pressure) and the other considering the parameters of undrained
risk.“31 The Engineer of Corporate Geotechnics also shared this analysis (accounting for the possibility of liquefaction). In Brazil, Sta­
perception – “I was never told of any indication of instability, anom­ bility Condition Statements issued by external consultants must have a
aly”32 – as well as the Executive Manager –“The information that came FoS higher than 1.5, considering parameters of drained resistance. The
to me from the operational area was that the readings and instruments value of the FoS that takes into account the susceptibility to liquefaction
did not point to any type of anomaly.“33 was not regulated by legislation.
We found divergent perceptions of risk between Vale’s and external The testimonies of Vale’s engineers point to the possibility of some
engineers. Engineers from outside the company participated in the Panel flexibility around the FoS with parameters of undrained resistance. They
of Specialists in Geotechnical Risks (PIESEM), an initiative of Vale to pointed out that there were no regulations requiring a minimum FoS:
evaluate the company’s operational risks in 2017 (Vale-RS, 2017–18). “the definition of the FoS is left to the consultant, based on the infor­
The testimonies of external engineers pointed to the difficulty of pre­ mation and technical knowledge he has regarding the structure.“36 The
dicting the phenomenon of tailings liquefaction – that is, when the consultancy company Tüv Süd, which issued the latest Stability Condi­
tailings lose its resistance and liquefy, as happened in Mariana and tion Statements for Dam 1, adopted the FoS of 1.05 as the minimum
Brumadinho. In the case of Mariana, one dam expert emphasized that factor required to certify stability (Tüv Süd, 2018, p.64). Vale’s engi­
the liquefaction had not been generated by a typical trigger, such as an neers did not question these figures, although they considered a mini­
earthquake, but by internal processes within the tailings, which make mum factor of 1.3 as desirable:
the phenomenon harder to understand and predict. After describing this
He [Tüv Süd engineer] had this autonomy to adopt a FoS above 1, as
phenomenon, the external consultant of Vale stated: “Prof. Morgenstern
well as to decide how much above 1. I was informed always that the
even said that if a dam is susceptible to liquefaction, one day it will
FoS of 1.3 was a goal for Vale, aiming to adopt the best engineering
liquefy.“34 Another Professor of Engineering who attended the PIESEM
techniques. But this safety factor was never considered to be a con­
reported how the Mariana disaster affected the geotechnics field:
dition of stability or necessary for the structure.37
(…) in Brazil we understood, until yesterday, that earthquakes were
Nonetheless, engineers not acting within the organizational con­
not a problem. If a seism is not a problem, there is no problem
straints of Vale had less flexible opinions about these figures. The
regarding liquefaction. This is a mistake (…) none of these dams
divergence regarding FoS among engineers is reflected in this testimony:
were designed to meet factor of safety [safety condition] for lique­
faction, because, at the time of the projects, the Brazilian community Regarding the conclusion, the minimum FoS required: the studies [of
did not know about this phenomenon. It is not studied at Brazilian Tüv Süd] were very reasonable, well done, I would say, but what
universities, or was not studied until yesterday, until the Mariana they accepted as a minimum FoS, which was not 1.3 – it was 1.05, we
failure. So, there is no culture in that sense.35 did not agree. We thought that the dam had to respect established
safety criteria recommended by international consultants, 1.3. And
The perception of high uncertainty and lack of knowledge regarding
the dam didn’t respect this value; it had a FoS of 1.09 (…).38
the probability of liquefaction arose among external experts after the
Mariana disaster. However, such concerns about the need to re-evaluate Based on these more rigorous safety criteria, the engineering
consulting company Tractebel did not sign the report attesting the sta­
bility of Dam 1 in late 2018. This company was then was replaced by
28 Vale for the company Tüv Süd, reinforcing the exclusion of discordant or
Senior engineer in Córrego do Feijão and Jangada Mines-Vale. PCI, Bra­
divergent risk perception within the company. The testimony of Trac­
zilian Chamber of Deputies, 21 May 2019.
29
Manager of Operational Geotechnics-Vale. PCI, Assembly of the state Minas tebel’s engineer working on that report expresses this divergence
Gerais, 6 May 2019. regarding the FoS:
30
This area was created by Vale after the Marina’s disaster in order to ensure
Upon receiving the periodic review report, with this FoS of 1.09, we
compliance in contracting audits. After the new ordinance of the DNPM
(Ordinance No. 70,389, dated May 17, 2017), companies were required to carry
questioned it … we actually, even before questioning it, we saw that
out two annual inspections for each dam and to prepare a report on the stability they assumed a methodology to be able to consider this 1.09 ( …),
conditions, to be produced by external auditors once a year. In Minas Gerais, but Tractebel was unaware of that methodology. We had no expe­
the two annual audits are external by determination of the State Council of rience in this … which is why we couldn’t assume anything other
Environmental Policy. Normative Resolutions referring to tailings dams are the than 1.3, any lower values.39
COPAM Resolutions nº 62/2002 and nº 87/2005, complemented by nº
124/2008. The divergent risk perception among experts was also reflected in the
31
Manager of Corporate Geotechnics-Vale. PCI, Brazilian Federal Senate, 14
May 2019.
32
Engineer of Corporate Geotechnic-Vale. PCI, Brazilian Chamber of Deputies,
36
14 May 2019. Manager of Operational Geotechnics-Vale. PCI, Assembly of the state Minas
33
Executive Manager of Corporate Geotechnics-Vale. PCI, Brazilian Federal Gerais, 16 May 2019.
37
Senate, 3 April 2019. Senior engineer in Córrego do Feijão and Jangada Mines-Vale. PCI, As­
34
External Consultant. PCI, Brazilian Chamber of Deputies, 25 June 2019. sembly of the state Minas Gerais, 16 May 2019.
35 38
Professor of Engineering at UFRGS. PCI, Brazilian Chamber of Deputies, 11 External Consultant. PCI, Assembly of the state Minas Gerais, 25 April 2019.
39
July 2019. Engineer of Tractebel. PCI, Brazilian Chamber of Deputies, 4 July 2019.

7
B.M. Saes and R. Muradian Resources Policy 72 (2021) 102022

fact that Vale’s engineers accepted the risk of working daily below the engineers and managers (depending on the PCI) for various crimes,
dam. Their testimonies reveal that, even after the Mariana disaster, they including homicide, personal injury and damage to the environment.
considered it normal to have administrative facilities below a dam of Senators decided to amend the final version of the Senate CPI Report in
tailings. Nevertheless, the report of an external consultant shows a great July 2019, with the aim of placing crimes in the intentional rather than
discomfort with it: negligent category. Interestingly, according to the Federal Senate Report
(2019: 259–261), this decision was based on “contemporary penal the­
Although everyone warned and they themselves know that these
ory” instead of Brazilian doctrine, and took into account that “such a
numbers [FoS] are not … they were not common numbers in engi­
position has popular appeal”. The other CPIs also followed this inter­
neering, right? Now, the decision really is up to Vale. I wouldn’t be in
pretation. The crimes were considered to be caused by the “wilful
those offices down there. Because one thing they [engineers] always
omission of professionals who had a duty to act to prevent loss of life and
said was, “No, but we stay down there, I have my office down there”.
damage to the environment” (Brazilian Chambers of Deputies, 2019,
I used to say: “Look, it is not a good thing, it is not a good thing, no".40
p.612). As stated before, in contrast to this interpretation, our findings
Summarizing, the content analysis of Vale’s official documents, as suggest that the acceptance of lower safety standards and the absence of
well as oral and written communications of managers show that oper­ preventive measures resulted from more complex and subtle processes,
ational risks were not acknowledged as a major threat to the company, instead of individuals’ moral deviance.
even after the Mariana disaster. During the period 2015–2019, the
corporate governance changes in Vale did not respond to the un­ 5. Discussion
certainties that arose in the field of geotechnics concerning the safety of
tailings dams. The content analysis showed that other sources of risks, Our analysis suggests that environmental risks can be overlooked
especially resource nationalism in Latin America and the instability of when shareholder value maximization is adopted as the core goal of
commodity prices, were considered more important for Vale. The focus corporate governance. Previous research on the shareholder value ide­
on market risks seems to have undermined greatly the capacity of the ology has noticed its possible negative social effects, resulting primarily
company to perceive significant operational risks. Moreover, this risk from corporate strategies for cost saving (Stockhammer, 2004; Dobbin
misperception was reproduced by the company’s experts: while testi­ and Jung, 2010; Useem, 1996; Davis, 2009; Lazonick, 2014; 2017;
monies of external engineers in the PCIs pointed to the geotechnical Lazonick and O’Sullivan, 2000; Aglietta and Rebérioux, 2005). This
uncertainties that arose after the Mariana disaster, the risk perceptions ideology has been also associated with worsening safety measures in
of Vale’s engineers did not change after the largest accident in the his­ corporations (Stout 2012, 2013). Our results indicate that more than a
tory of Brazilian mining. strategic or intentional disregard for safety, the focus on short-term
It is worth noting, however, that these findings are not completely in financial results can generate strong biases in the perception and
line with the results provided by the three public inquiries investigating assessment of environmental risks, which can not only cause massive
the causes of the Brumadinho disaster. The three inquiries present social and environmental harms, but also, paradoxically, the destruction
similar diagnoses of the disaster, emphasising both the inadequate safety of shareholder value in the long run.
conditions of Dam 1 (as we describe in Section 4.4) and the absence of These findings are in line with cognitive studies showing the limits of
preventive measures, such as reinforcement of the dam or construction rational models to explain major corporate failures (Simon, 1955;
of relief wells to reduce water pressure, avoidance of triggers of lique­ Tversky and Kahneman, 1974; Kahneman et al., 1982; Marnet, 2007,
faction (e.g., detonations in the mine), activation of the emergency plan 2008). While these approaches tend to see cognitive biases and errors as
and evacuation, removal of the company’s administrative facilities from determined mainly by individual psychological features, like personal
below the dam, etc. However, differently from our interpretation, the beliefs, desires and affection (Slovic et al., 2002; Kahle and White, 2004;
inquiries conclude that these necessary preventive measures were not Nisbett and Ross, 1980; Lord et al., 1979), we assume that these biases
adopted due to “conscious and voluntary omission” of Vale and Tüv Süd are greatly influenced by the organizational culture (Douglas and
employees (Assembly of Minas Gerais, 2019, p.166). Wildavsky, 1982). In the case analysed, the predominance of market
According to the inquiries, Vale and Tüv Süd employees signed the factors in the perception of risk by Vale’s top management seems to have
Stability Condition Statements despite being “aware of the instability of affected the capacity of the whole organization to see and assess
Dam 1”, thus “taking the risk of the tailings dam failure” (Brazilian considerable operational risks, which resulted in a huge organizational
Chamber of Deputies, 2019, p.577). Additionally, the inquiries deduce failure and had tragic consequences for surrounding communities and
that "Vale’s management and directors knew about the risks and decided ecosystems to the mine.
to accept them” (Brazilian Federal Senate, 2019, p. 169), because senior The literature on industrial accidents have identified both the bias in
managers and Vale’s CEO often had access to information related to risk perception within organizations (Turner, 1978; Vaughan, 1996;
dams through reports, email messages or meetings. The magnitude of a Antonsen, 2009) and the trade-off between profit and safety (Sagan,
potential disaster was also well known, since the Emergency Plan of 1994; Le Coze, 2015) as important causes of disasters. Here we show
Dam 1 described precisely how, in case of breach, employees located in how these two causes can have an intimate relation. In other words,
the mine facilities would not have enough time to escape alive since the more than independent problems, the combination of limitations of
mud would reach them in less than a minute. Therefore, engineers and human rationality and the focus on economic objectives can produce
directors were supposedly aware of both the safety conditions of Dam 1 catastrophic effects. In the case of Vale, changes in corporate gover­
as well as the potential impacts of a breach over the offices and cafeteria nance narrowly aiming to enhance shareholders’ interests undermined
located downstream from the dam. Still, no one had the “the initiative to its capacity to perceive significant operational risks. Additionally,
remove or recommend the removal or relocation of the facilities that following these changes, the overconfidence induced by the perception
were in the path of the tailings mud” (Assembly of Minas Gerais, 2019, of reduced business risks possibly prevented improvements in opera­
p.128). tional risk assessment in the aftermath of the Mariana accident, contrary
All three PCIs concluded that Vale and Tüv Süd were fully aware of to what is reported in the literature regarding other major disasters (De
the risks and, even so, failed to take the necessary measures to avoid the Marchi and Ravetz, 1999).
tailings dam failure. The reports also called for the indictment of 13–22 We think that the low monetary compensation for environmental
liabilities contributed to consolidate the company’s view that the
Mariana disaster was a unique and negligible event, very unlikely to
occur again. In addition, after the greatest mining disaster in the history
40
External Consultant. PCI, Brazilian Chamber of Deputies, 25 June 2019. of Brazil, despite having made major organizational changes, Vale’s

8
B.M. Saes and R. Muradian Resources Policy 72 (2021) 102022

socio-environmental risk assessment was not revised (Nisbett and Ross, less open to dissenting views, and consequently more likely to make
1980; Marnet, 2008). The company hired a generalist CEO, not only biased and bad decisions in the long run (Esser, 1998; Janis, 1972; Sims,
fully embedded in the shareholder value maximization ideology, but 1992; Maharaj, 2008; Peterson et al., 1998; O’Connor, 2002).
also biased towards focusing his management goals on dealing with Finally, our results call for two main recommendations for the
short-term sources of market risks. Some studies have already pointed assessment of environmental risks related to corporate activity. From a
the long-term problems associated with generalist top managers, unable policy perspective, it is very important to ensure that environmental
to connect with operational issues in the concrete sectors they operate impacts are not financially “cheap” for companies. Our analysis shows
(Wang and Murnighan, 2013; Li and Patel, 2018; Gounopoulos and that in the absence of significant costs on corporate financial results,
Pham, 2018). even disasters with catastrophic socio-environmental consequences can
Biases in risk perceptions induced by the focus on shareholders’ in­ go almost unnoticed among other sources of market risks for corpora­
terest may explain the main limitations of social risk assessments of most tions. An adequate monetary compensation of environmental liabilities
mining companies. It could also explain their emphasis on risks to op­ is not only a matter of justice, but also a way to ensure a more cautious
erations (instead of risks to people) and the low visibility of the peoples’ approach by corporations and their shareholders. The recent US$7
vulnerability to mining disasters in risk management (Owen and Kemp, billion Vale settlement with prosecutors and the state of Minas Gerais for
2013; Kemp et al., 2016, 2020; Kemp, 2020). Our results also suggest repairing the socio-environmental damages caused by the Brumadinho
that working within the constraints of corporations can affect expert’s tailings dam failure could be seen as an attempt to achieve better social
judgments, an issue that has been already reported in the literature reparation for the committed environmental crimes. However, it is
(Johnson and Covello, 2012; Lynn, 2012; Clarke, 1999; Ferguson, 1987; worth noting that the company’s shares have already appreciated more
Umphress and Bingham, 2011; Umphress et al., 2010; Chen et al., 2016). than 100% since the Brumadinho disaster, and the expected dividends
Experts are subject to affective feelings that can result in biases in their for 2021 (US$ 9 billion) are even higher than the value of the agreement
perceptions of even significant risks for their own lives (Slovic et al., itself (Nogueira and Bautzer, 2021; Rizério, 2021).
2002; Finucane et al., 2000; Rowe and Wright, 2001). Additionally, even Regarding environmental risk governance, our study shows that
external auditors, who are supposed to take an impartial position, can be relying only on internal decision making settings can lead to bad and
subject to similar biases when their independence is not assured – as in biased decisions, with serious consequences for society and the company
the Tüv Süd/Vale case, where an auditor/client relationship was itself. This calls for paying attention to the need to establish ‘extended
established (Marnet, 2007). peer communities’ for the assessment of environmental risks (Funtowicz
By concentrating efforts on finding the individuals responsible for and Ravetz, 1993, 1994; Fiorino, 1990; Pearce, 2005; Beierli, 2002;
the Brumadinho dam breach, the three public inquiries that investigated McDaniels et al., 1999). In order to prevent biases in the assessment of
the causes of the disaster appear to have underestimated the role of risks imposed on third parties, governments must enforce the effective
biased risk perceptions within Vale. The punishment of those respon­ representation of workers and communities in corporate
sible for the tragedy was considered important both to improve pre­ decision-making instances dealing with the evaluation and management
ventive measures in the mining sector and to respond to popular outrage of environmental risks. The inclusion of other voices and visions into
against the company (Assembly of Minas Gerais, 2019, p.20–22, Bra­ corporate decisions has huge potential benefits not only for society, but
zilian Federal Senate, 2019, p. 261–264, Brazilian Chambers of Dep­ also for corporations themselves.
uties, 2019, p.421–423, p.519–520). However, while this strategy may
have increased the popularity of Brazilian legislators, it is less certain Acknowledgements
that the rigorous punishment of some engineers and directors will
significantly help to improve risk management in the sector. The strong This work was supported by the Coordenação de Aperfeiçoamento de
emphasis on human error or deviance can overshadow rather deeper Pessoal de Nível Superior, Brazil [grant number 88887.313730/
causes of disasters such as organizational, institutional and social fac­ 2019–00]. We are grateful to two anonymous referees for their valuable
tors, making learning and prevention unlikely (Sagan, 1994; Tierney, suggestions and to Annalisa Powell for the English revision.
1999; Elliott and Smith, 2006). Paradoxically by ascribing to a simple
narrative that explain disasters as individual errors or criminal behav­ CRediT authorship contribution statement
iour, public inquiries may take the attention away from structural and
institutional aspects of capitalism and the national regulatory frame­ Beatriz Macchione Saes: Conceptualization, Methodology, Inves­
work that favour a very biased risk perception in firms operating in tigation, Writing – original draft. Roldan Muradian: Conceptualization,
socially risky sectors, such as mining. Therefore, while playing an Methodology, Writing – review & editing.
important role in the allocation of (individual) responsibilities, public
inquiries may not be enough to change the way firms operate in sector
with high socio-environmental risks (Gephart 1992, 1993; Brown, 2004; Declaration of competing interest
Topal, 2009). Our finding suggests that mining companies tend to be
very resultant to change risk-management practices, and only major The authors declare that they have no known competing financial
changes in the regulatory frameworks in which they operate would interests or personal relationships that could have appeared to influence
induce such changes. the work reported in this paper.

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