06.23.10

MSHA Knowingly Overlooked Mines With Serious Safety Records, Labor Inspector General Reports to Chairman Miller

WASHINGTON, D.C. – The U.S. Department of Labor Inspector General today reported that the agency found serious problems how the federal Mine Safety and Health Administration identifies the nation’s most dangerous mines for tighter scrutiny.

U.S. Reps. George Miller (D-CA), Nick Rahall (D-WV), Lynn Woolsey (D-CA), and Sen. Jay Rockefeller (D-WV) asked the Inspector General in April to investigate MSHA’s procedures after MSHA disclosed that a computer error excluded the Upper Big Branch Mine from being notified that the mine may be under a so-called ‘pattern of violations’ (POV) sanctions. Mines identified as having a ‘pattern of violations’ are considered serial violators of health and safety protections.“The Inspector General’s alert raises very serious concerns that go to the heart of health and safety of mine workers. Prior to Assistant Secretary Main’s confirmation, MSHA obstructed a key safety enforcement tool that could have endangered the lives of mine workers,” said Miller, chairman of the House Education and Labor. “We will continue our rigorous oversight of mine safety, including introduction of significant reforms to our nation’s health and safety laws in the coming days. This memorandum also raises questions about whether MSHA districts have sufficient resources to enforce the law.”

According to the key findings, the Inspector General is “very concerned about mines removed for reasons other than appropriate consideration of the health and safety conditions at those mines. MSHA is not subjecting these mines to the enhanced oversight that accompanies potential POV status, yet it does not have evidence that they had reduced their rate of significant and substantial violations. As a result, miners may be subjected to increased safety risks.”

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.