04.13.10

Chairs Miller, Rahall, Woolsey Call for IG Investigation of MSHA Penalty Enforcement System

WASHINGTON, D.C. – U.S. Reps. George Miller (D-CA), chair of the House Education and Labor Committee, Nick Rahall (D-WV), chair of the House Natural Resources Committee, and Lynn Woolsey (D-CA), chair of the House Workforce Protections Subcommittee, today called on the U.S. Department of Labor Inspector General to investigate the disclosure that a computer error prevented the federal Mine Safety and Health Administration from issuing a letter to the Upper Big Branch mine in Montcoal, West Virginia warning them that the mine may be under a so-called ‘pattern of violations.’ The chairs also asked the Inspector General to look at how MSHA uses their ‘pattern of violation’ enforcement.

Once a mine is notified that they may be under a pattern of violation, the mine must take immediate actions to come up with a plan that reduces future violations – approved by federal mine safety officials – or face tougher sanctions.

“Given the tragedy that occurred last Monday, the department’s announcement today that a computing error last October prevented them from identifying the Upper Big Branch mine for increased scrutiny is deeply disturbing.

“In light of this disclosure, we will be asking the Labor Department’s Inspector General to examine issues surrounding this disclosure. Specifically, we will ask the Inspector General to examine MSHA’s policy, criteria, regulations and information systems regarding their ‘pattern of violation’ sanctions to determine whether they are reliable and effective in weeding out and sanctioning habitual violators.  The miners who died so tragically at the Upper Big Branch mine, their families, and all the men and women who go to work in our mines each day deserve nothing less.”

In February, the Education and Labor Committee held a hearing on how a flood of mine owner appeals of violations were undermining efforts to protect miners by delaying tougher ‘pattern of violation’ sanctions for 48 of the country’s most dangerous mines.