Chair Miller Releases List of Dangerous Mines Escaping Tighter Scrutiny

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, released a list of 48 mines identified by federal mine safety officials in August 2009 for increased scrutiny, but were not targeted due to unresolved appeals filed by mine operators. The list includes the Upper Big Branch Mine in West Virginia where 29 miners lost their lives in an explosion on April 5.

“In the name of deep public interest, today I am releasing information important to the immediate health and safety of our nation’s miners. We owe it to the families of these fallen miners, all mining communities across the country, and the American people to ensure that all relevant information regarding potentially dangerous conditions at mines be made public, especially as investigations into the explosion at the Upper Big Branch mine continue. Mine operators who game the system to avoid tough scrutiny by federal safety officials must be held accountable,” said Miller.

Under current law, the federal Mine Safety and Health Administration issues a letter to frequent violators warning them that they may be sanctioned under a so-called ‘pattern of violation’. Once a mine is notified that they may be under a pattern of violation, the mine must take immediate actions to reduce future violations – approved by federal mine safety officials – or face drastic sanctions including mine closure for any future significant and substantial violation.

The list released by the committee today are those 48 mines that would have received this notice of a potential pattern of violation sanctions in October 2009 but for contested citations that had not been resolved due to delays caused by the backlog of more than 16,000 operator appeals.

Mines are subject to a pattern of violation sanctions when they meet ten criteria indicating the mine is a habitual violator of mine safety laws. Criteria includes mines that receive at least 20 significant and substantial violations, at least two elevated enforcement actions, and one unwarrantable failure violation over the previous 24 months. These violations must also be fully adjudicated. In addition, mines must have a violation rate that is 25 percent higher than the industry average over the same period.

In February, the committee held a hearing on how these flood of mine owner appeals of violations were undermining efforts to protect miners by delaying tougher sanctions. According to the Department of Labor, once a mine is notified that they may be subject to a pattern of violation sanctions, mines reduced future citations of serious problems by 72 percent.

In addition, MSHA also announced yesterday that a computer error prevented the Upper Big Branch mine from being notified that it could be subject to a potential pattern of violation. As the result of this disclosure, Miller and U.S. Reps. Nick Rahall (D-WV) and Lynn Woolsey (D-CA) asked the Labor Department Inspector General to investigate.

Review the list of mines on MSHA’s August 2009 list.

Below is a list of the mine names and locations contained in the list:

Coal Mine List

Metal/Non-Metal List

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